Question 1

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 register the unregistered mark for protection under federal trademark law.

Question 2

Copyright protection is automatic-registration is not required.

Accepted Answer

Copyright protection is automatic as soon as a work is created, registration is not required but may provide additional benefits.

Question 3

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

Accepted Answer

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

Question 4

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

Accepted Answer

This is a requirement of the TRIPS agreement.

Question 5

It is possible to copyright an idea.

Accepted Answer

Copyright protection only applies to the expression of an idea, not the idea itself. Ideas can only be protected by a patent or trade secret, but they must meet certain criteria to qualify.

Question 6

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

This is most likely trademark infringement, as the name and flavor of the drink are similar to that of the original product. Darkroast Java, Inc. may be profiting off of the reputation and recognition of Beans Coffee & Cocoa Company's CoCoCafe, potentially causing confusion among consumers.

Question 7

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 the copyright owner's exclusive right to reproduce and distribute their work. This is often referred to as piracy or copyright infringement.

Question 8

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 a similar mark is used in a way that reduces the value of the original mark. In this scenario, Copy's use of a similar mark is unauthorized, making it dilutive if it lessens the distinctiveness or value of Imitated's famous, registered mark. It does not depend on consumer confusion, competition, or intentional use.

Question 9

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 ten years after the initial registration. Option B is incorrect as trademarks are not renewable every twenty years. Option C is incorrect as the duration of a trademark registration is not tied to the life of the corporation. Option D is incorrect as trademark registrations do not run forever.

Question 10

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

Accepted Answer

This is allowed under the fair use doctrine in copyright law, as long as certain criteria are met such as the amount and substantiality of the portion used, the effect on the potential market for the work, and whether it is for non-profit educational purposes.

Question 11

Pricing information cannot be a trade secret.

Accepted Answer

Pricing information can be considered a trade secret and kept confidential by companies. However, some regions and industries may have legal requirements for disclosing certain pricing information.

Question 12

A marketing technique can be a trade secret.

Accepted Answer

A marketing technique can be considered a type of intellectual property and protected as a trade secret, as long as it meets the requirements for confidentiality and adds economic value to a business.

Question 13

There are no registration requirements for trade secrets.

Accepted Answer

Unlike patents, trademarks or copyrights, trade secrets do not have a registration system. The protection of trade secrets mainly relies on maintaining confidentiality and protection measures.

Question 14

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

Accepted Answer

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

Question 15

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

Accepted Answer

Patent infringement can occur even if parts of an invention are copied or if a similar invention that does not qualify for patent protection is created. It depends on the specific claims in the patent and the degree of similarity between the infringed invention and the infringing product or process.

Question 16

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 identifying mark that distinguishes her espresso machine from others in the market.

Question 17

The Madrid Protocol concerns trademarks.

Accepted Answer

The Madrid Protocol is an international treaty that concerns trademarks. It allows trademark owners to seek protection of their marks in multiple countries through a single application filed with the World Intellectual Property Organization (WIPO).

Question 18

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. As long as the copy is substantially similar to the original, it can be considered an infringement.

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

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...

Quiz 5: Intellectual Property and Internet Law

Li'l Canine Company (LCC) uses a trademark that neither LCC nor anyone else has registered with the government.Under federal trademark law,LCC