Question 1

There are no registration requirements for trade secrets.

Accepted Answer

Unlike patents or trademarks, trade secrets do not require registration with the government or any other authority. They are protected simply by keeping the information confidential and taking reasonable steps to prevent others from obtaining or using the information without authorization.

Question 2

A copy must be exactly the same as the original to infringe a copyright.

Accepted Answer

A copy does not have to be an exact replica of the original to infringe a copyright. The use of a substantial part of the original work or a derivative work that is substantially similar can also constitute copyright infringement.

Question 3

Exchanging pirated,copyrighted works with others is a not crime unless money is involved.

Accepted Answer

Exchanging pirated, copyrighted works with others is illegal regardless of whether or not money is involved.

Question 4

Paula develops a new espresso machine,which she names "Quik Shot." She also writes the operating manual.Paula can obtain trademark protection for
A)the espresso machine.
B)the "newness" of the espresso machine.
C)the name.
D)the operating manual.

Accepted Answer

Paula can obtain trademark protection for the name "Quik Shot" as it is a unique identifier for her product. Trademark protection does not apply to the functional aspects of the espresso machine or the operating manual.

Question 5

Li'l Canine Company (LCC)uses a trademark that neither LCC nor anyone else has registered with the government.Under federal trademark law,LCC
A)can register the mark for protection.
B)cannot register a mark that has been used in commerce.
C)has committed trademark infringement.
D)must put off registration until the mark is out of use for six months.

Accepted Answer

LCC can still register the mark for protection, even if it has not been previously registered with the government. However, using an unregistered mark does make it more difficult to enforce the trademark against potential infringers.

Question 6

Each member country of the TRIPS agreement must include in its domestic laws broad intellectual property rights.

Accepted Answer

The TRIPS agreement requires member countries to enact domestic laws that provide strong and enforceable intellectual property rights. These rights include patents, trademarks, copyrights, and trade secrets.

Question 7

In 2010,Online Marketing Corporation registers its trademark as provided by federal law.After the first renewal,this registration
A)is renewable every ten years.
B)is renewable every twenty years.
C)runs for the life of the corporation plus seventy years.
D)runs forever.

Accepted Answer

Trademarks registered after 1989 are renewable every ten years.

Question 8

Beans Coffee & Cocoa Company makes and sells a chocolate-flavored coffee drink under the name "CoCoCafe." Darkroast Java,Inc.,later markets a similar tasting drink under the name "KoKoKafe." This is most likely
A)copyright infringement.
B)patent infringement.
C)trademark infringement.
D)a theft of trade secrets.

Accepted Answer

Trademark infringement occurs when one company uses a name or symbol that is confusingly similar to another company's established trademark. In this case, Darkroast Java, Inc. is using a name that is very similar to Beans Coffee & Cocoa Company's established trademark, "CoCoCafe," which could lead to confusion among consumers.

Question 9

A person can reproduce copyrighted material for purposes such as teaching,including multiple copies for classroom use,without paying royalties.

Accepted Answer

The fair use doctrine in copyright law allows for reproduction of copyrighted material for purposes such as teaching, including multiple copies for classroom use, without the need for permission or payment of royalties. However, this is subject to certain limitations and conditions, such as the nature of the work, the amount of the work reproduced, and its potential impact on the market for the original work.

Question 10

A patent applicant must demonstrate that the invention,discovery,or design is commercially practicable to receive a patent.

Accepted Answer

A patent applicant does not need to demonstrate commercial practicability to receive a patent. However, the invention should have utility, novelty, and non-obviousness. Commercial viability is a consideration for potential investors and buyers, but it is not a requirement for obtaining a patent.

Question 11

Copyright protection is automatic-registration is not required.

Accepted Answer

In most countries, including the United States, copyright protection is automatic and registration is not required. However, registration can provide additional benefits and legal remedies in case of infringement.

Question 12

Downloading software or music into a computer's random access memory without authorization is copyright infringement.

Accepted Answer

Downloading software or music without authorization is a violation of copyright law, as it involves taking someone else's intellectual property without permission. This is illegal and can result in legal consequences.

Question 13

Pricing information cannot be a trade secret.

Accepted Answer

Pricing information can be considered a trade secret and is protected as confidential information by companies. However, there may be certain situations where companies are required to disclose pricing information, such as in government contracts or during litigation.

Question 14

The Madrid Protocol concerns trademarks.

Accepted Answer

The Madrid Protocol is an international treaty that facilitates the registration and management of trademarks. It allows trademark owners to seek protection for their marks in multiple countries through a single application.

Question 15

Copy Products,Inc.,uses,in its ads,a trademark that is similar,but not identical,to the famous,registered mark of Imitated Goods,Inc.Copy's unauthorized use of the mark constitutes trademark dilution provided
A)consumers are confused.
B)Copy and Imitated are competitors.
C)Copy's use is intentional.
D)Copy's use reduces the value of Imitated's mark.

Accepted Answer

Trademark dilution occurs when an unauthorized use of a similar mark by another company reduces the value or reputation of the registered mark. Therefore, Copy's use of the similar mark reduces the value of Imitated's registered mark, making D the best choice. The other listed factors may also be relevant in a trademark infringement case, but they are not necessary for trademark dilution.

Question 16

Anyone who writes a book has automatic copyright protection in every country in the world.

Accepted Answer

The answer of Anyone who writes a book has automatic...

Question 17

Patent infringement occurs only if an invention is copied in its entirety.

Accepted Answer

Patent infringement can occur even if only certain elements or features of an invention are copied, as long as those elements are considered essential or novel to the invention and are covered by the claims in the patent.

Question 18

A marketing technique can be a trade secret.

Accepted Answer

A marketing technique can be considered a trade secret if it meets the legal requirements for trade secret protection, including being kept confidential and providing a competitive advantage to the company.

Question 19

A list of customers cannot be a trade secret.

Accepted Answer

The answer of A list of customers cannot be a...

Question 20

It is possible to copyright an idea.

Accepted Answer

Copyright law only protects original works of authorship that are fixed in a tangible medium of expression, such as a written document or recorded audio or video. Ideas themselves are not eligible for copyright protection.

Quiz 8: Intellectual Property and Internet Law