Question 1

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

Accepted Answer

According to the fair use doctrine in copyright law, reproducing copyrighted material for educational purposes, including multiple copies for classroom use, is allowed without paying royalties under certain circumstances. These circumstances include the amount, nature, and effect of the use on the potential market for the copyrighted work.

Question 2

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

Accepted Answer

Exchanging pirated, copyrighted works without permission is illegal and considered a form of theft, regardless of whether money is involved or not.

Question 3

A marketing technique can be a trade secret.

Accepted Answer

A marketing technique that is unique and valuable to a company can be considered a trade secret and kept confidential to gain a competitive advantage.

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 distinctive name that identifies her espresso machine from others in the market. Trademark protection does not apply to the machine itself, the novelty of the machine, or the operating manual.

Question 5

It is possible to copyright an idea.

Accepted Answer

Copyright law only protects the expression of an idea, not the idea itself. In order to be eligible for copyright protection, the idea must be original and expressed in a fixed tangible form, such as a book, song, or artwork.

Question 6

Patent protection begins on the date that a patent is issued.

Accepted Answer

The answer of Patent protection begins on the date that...

Question 7

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

Accepted Answer

Patent infringement can occur even if the entire invention is not copied. Copying a significant portion of the invention or using a similar concept that falls within the scope of the patent claims can also be considered infringement.

Question 8

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 9

There are no registration requirements for trade secrets.

Accepted Answer

Unlike patents or trademarks, which require registration with a government agency, trade secrets do not have any registration requirements. Trade secrets are protected by the owner keeping the information confidential and taking reasonable measures to keep the information secret.

Question 10

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

The similarity in the name of the two products is likely to cause confusion among consumers and dilute the distinctiveness of the original trademark "CoCoCafe," which makes it a trademark infringement. This scenario does not involve copyright, patent, or trade secret infringement.

Question 11

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 the unauthorized use of a similar mark reduces the value of the famous mark. Therefore, option D is the correct answer. The other factors like consumer confusion, competition, and intentional use are relevant in cases of trademark infringement, not dilution.

Question 12

The Madrid Protocol concerns trademarks.

Accepted Answer

The Madrid Protocol is an international treaty that simplifies the process of obtaining trademark protection in multiple countries by allowing applicants to file a single application with the World Intellectual Property Organization (WIPO) and designate the countries where they seek protection.

Question 13

Pricing information cannot be a trade secret.

Accepted Answer

Pricing information can be considered a trade secret and may be protected as such by a company. However, in certain circumstances, such as in response to a court order or under antitrust laws, pricing information may be required to be disclosed.

Question 14

Copyright protection is automatic-registration is not required.

Accepted Answer

According to the Berne Convention, copyright protection is automatic and does not require registration.

Question 15

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

Accepted Answer

The TRIPS agreement requires its member countries to provide and enforce broad intellectual property rights in their domestic laws.

Question 16

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

Accepted Answer

A copy does not have to be exactly the same as the original to infringe a copyright. Any substantial similarity, even if not identical, can constitute infringement.

Question 17

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

Trademark registrations are renewable every 10 years as per federal law (15 U.S.C. § 1059).

Question 18

A list of customers cannot be a trade secret.

Accepted Answer

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

Question 19

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 considered an act of piracy and a violation of copyright laws. This includes downloading such content into the computer's RAM.

Question 20

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 trademark for protection even if it has not been previously registered with the government. In fact, registration can provide additional legal benefits and protections for the trademark.

Quiz 5: Intellectual Property and Internet Law