Question 1

Sights Unseen,Inc. , (SUI)sells scopes with distinctively designed and made lenses and mirrors to scientists.Telescopes,Etc.Corporation later begins to sell scopes with identical set-ups of lenses and mirrors,without SUI's permission,to consumers.This is most likely
A)copyright infringement.
B)patent infringement.
C)trademark infringement.
D)none of the choices.

Accepted Answer

The scenario involves Telescopes, Etc. Corporation copying Sights Unseen, Inc.'s unique and distinctive design of lenses and mirrors. This describes infringement of SUI's patent rights. Copyright infringement refers to the unauthorized use of original artistic, literary, or musical works, while trademark infringement involves using a similar or identical mark or logo to a registered trademark. None of the choices is not applicable in this scenario since it involves infringement of intellectual property rights.

Question 2

Pola develops a new espresso machine,which she names "Sure Shot." She also writes the operating manual.Pola 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

Pola can obtain trademark protection for the name "Sure Shot" as it is unique to her product and distinguishes it from other espresso machines on the market.

Question 3

Diamond Financial Planners employs Elle,Diamond's most productive performer.Elle,however,dissatisfied with the commission structure,quits to work for Feldstar Investments,Inc.Elle takes her list of Diamond clients to induce them to switch to Feldstar.Laws related to trade secrets cover
A)Diamond's list of clients.
B)Elle's performance methods.
C)Feldstar's commission structure.
D)none of the choices.

Accepted Answer

Diamond's list of clients could be considered a trade secret, as it is a confidential piece of information that is essential to their business. Elle taking this information to a competitor could be a violation of trade secret laws. The other options listed do not directly relate to trade secrets.

Question 4

Kim uses,on her new recording Let's Go,the guitar solo from Malcolm's digital sound recording without his permission.This is
A)copyright infringement.
B)fair use.
C)licensing.
D)protected expression.

Accepted Answer

Kim's use of Malcolm's guitar solo without permission constitutes copyright infringement, as she is using his work without his permission or the proper licensing agreement.

Question 5

Rockstar Software,Inc. ,develops a new series of performance-related video games.The games are most likely protected by
A)copyright law.
B)patent law.
C)trademark law.
D)trade secrets law.

Accepted Answer

Copyright law protects original expressions of ideas, which is likely the case with video games developed by Rockstar Software, Inc. Patent law protects inventions (such as new technology), trademark law protects brand identities or logos, and trade secrets law protects confidential information. While some aspects of a video game may be eligible for patent or trademark protection, copyright law is the most likely form of protection for the games as a whole.

Question 6

Felicia invents a new valve to cap undersea oil spills,which she names "Great Catch." She also writes the installation manual to be included with each valve.Felicia could obtain copyright protection for
A)the valve.
B)the "newness" of the valve.
C)the name.
D)the installation manual.

Accepted Answer

Felicia could obtain copyright protection for the installation manual, as it is an original work of authorship fixed in a tangible medium of expression (i.e. written down or saved digitally). Copyright does not protect ideas or inventions, so she would not be able to obtain copyright protection for the valve itself, the "newness" of the valve, or the name "Great Catch." Instead, she may want to consider obtaining a patent for the valve if it meets the requirements for patentability.

Question 7

Trevor's business is The Spicy Chocolatier Café chain."The Spicy Chocolatier Café" is
A)a certification mark.
B)a collective mark.
C)a service mark.
D)a trade name.

Accepted Answer

The answer of Trevor's business is The Spicy Chocolatier Café...

Question 8

The process behind the production of "Numb3rs," a suite of business accounting and inventory software,is protected by
A)copyright law.
B)patent law.
C)trademark law.
D)trade secrets law.

Accepted Answer

The process behind the production of "Numb3rs" is a trade secret, which is protected by trade secrets law. This means that the information about the creation of the software is kept confidential and not shared with competitors or the public. This is different from copyright law, which protects the specific expression of an idea, and patent law, which protects inventions or discoveries. Trademark law protects brand names and logos.

Question 9

Standard Corporation can not claim a trademark in the phrase "Quality Is Standard" if the phrase
A)has a secondary meaning.
B)is descriptive.
C)is generic.
D)is memorable.

Accepted Answer

Words or phrases that are considered generic, meaning they describe a category of goods or services rather than a specific brand or company, cannot be trademarked. "Quality Is Standard" is a generic phrase commonly used in advertising and does not indicate a specific brand or product.

Question 10

Canada and the United States are signatories of the Berne Convention.Doug,a citizen of Canada,publishes a book first in Canada and then in the United States.Doug's copyright must be recognized by
A)Canada only.
B)Canada and the United States only.
C)all of the signatories of the Berne Convention.
D)none of the choices.

Accepted Answer

As both Canada and the United States are signatories of the Berne Convention, Doug's copyright must be recognized by all signatories of the Convention.

Question 11

Symphony,Inc. ,a U.S.jewelry designer and maker,files a suit against Kawa,Ltd. ,a Japanese jewelry maker,for the infringement of intellectual property rights under Japan's national laws.Under the TRIPS agreement,Symphony is entitled to receive
A)better treatment than Kawa.
B)the same treatment as Kawa.
C)worse treatment than Kawa.
D)nothing.

Accepted Answer

Under the TRIPS agreement, member countries are required to accord national treatment to foreign nationals with regard to the protection of intellectual property rights. This means that foreign nationals must be given the same treatment as domestic nationals. Therefore, Symphony is entitled to receive the same treatment as Kawa in Japan's national laws regarding the protection of intellectual property rights.

Question 12

Cathy uses,on her new recording Drive By,the melody of a song written by Ed,without Ed's permission.This is
A)copyright infringement.
B)patent infringement.
C)trademark infringement.
D)none of the choices.

Accepted Answer

Cathy's use of Ed's melody without his permission violates his exclusive right to control the use of his original work under copyright law.

Question 13

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

Accepted Answer

Trademark dilution occurs when an unauthorized use of a similar mark lessens the value or strength of a famous and distinctive registered mark. It does not require confusion, competition, or intent. Therefore, Sincere's unauthorized use of a similar mark to Desired's famous and registered mark constitutes trademark dilution if it lessens the value of Desired's mark.

Question 14

E-Shopping Corporation inserts Fiesta Mall,Inc.'s trademark as a meta tag in E-Shopping's Web site's key-words field without Fiesta's permission in a manner that suggests Fiesta authorized the use.This is
A)copyright infringement.
B)patent infringement.
C)trademark infringement.
D)none of the choices.

Accepted Answer

This is trademark infringement as E-Shopping Corporation is using Fiesta Mall, Inc.'s trademark without permission to suggest that they have authorized the use. Meta tags fall under the category of trademark infringement when they are used in a manner that creates consumer confusion or falsely suggest endorsement or affiliation with another company.

Question 15

Excel Goods,Inc. ,and Finest Products Corporation use the mark "Good Housekeeping Seal of Approval" to certify the quality of their products.Excel and Finest are not in business together and do not own this mark.The mark is
A)a certification mark.
B)a collective mark.
C)a service mark.
D)trade dress.

Accepted Answer

The answer of Excel Goods,Inc. ,and Finest Products Corporation use...

Question 16

Ric designs a new computer hard drive,which he names "Sci Phi." He also writes the operating manual to be included with each final product.Ric could obtain patent protection for
A)the hard drive only.
B)the name only.
C)the operating manual only.
D)the hard drive,the name,and the operating manual.

Accepted Answer

The answer of Ric designs a new computer hard drive,which...

Question 17

Ellen publishes a book titled First Place,which includes a chapter from Frank's copyrighted book Great NASCAR Drivers without his permission.Ellen's use of the chapter is actionable
A)only if consumers are confused.
B)only if Ellen and Frank are competitors.
C)only if consumers are confused and Ellen and Frank are competitors.
D)regardless of whether consumers are confused or Ellen and Frank are competitors.

Accepted Answer

Ellen's use of a chapter from Frank's copyrighted book without his permission is a violation of his intellectual property rights, regardless of whether consumers are confused or Ellen and Frank are competitors.

Question 18

RiteMade Machinery,Inc. ,designs,makes,and sells a drill press.Steel Equipment Company copies the design without RiteMade's permission.Steel's conduct is actionable provided
A)consumers are confused.
B)Steel's conduct is intentional.
C)Steel's conduct reduces the value of RiteMade's design.
D)RiteMade's design is patented.

Accepted Answer

Steel's conduct would only be actionable if RiteMade's design is protected by a patent.

Question 19

USA Transport Company uses a mark associated with its name to distinguish its services from those of other transport firms.The mark is
A)a certification mark.
B)a collective mark.
C)a service mark.
D)trade dress.

Accepted Answer

A service mark is specifically used to identify and distinguish services, rather than goods. As USA Transport Company provides transport services, its mark would qualify as a service mark.

Question 20

Donna makes and distributes copies of Every Good Boy Does Fine,a movie copyrighted by Great Films Corporation,without Great Films' permission.Donna may be liable for
A)damages,fines,or imprisonment.
B)damages only.
C)fines or imprisonment only.
D)nothing.

Accepted Answer

Donna is liable for copyright infringement, which can result in both civil damages (including fines) and criminal penalties (including imprisonment) depending on the severity and extent of the infringement.

Quiz 14: Intellectual Property and Internet Law

Sights Unseen,Inc. , (SUI) sells scopes with distinctively designed and made lenses and mirrors to scientists.Telescopes,Etc.Corporation later begins to sell scopes with identical set-ups of lenses and mirrors,without SUI's permission,to consumers.This is most likely

Pola develops a new espresso machine,which she names "Sure Shot." She also writes the operating manual.Pola can obtain trademark protection for

Diamond Financial Planners employs Elle,Diamond's most productive performer.Elle,however,dissatisfied with the commission structure,quits to work for Feldstar Investments,Inc.Elle takes her list of Diamond clients to induce them to switch to Feldstar.Laws related to trade secrets cover

Kim uses,on her new recording Let's Go,the guitar solo from Malcolm's digital sound recording without his permission.This is

Rockstar Software,Inc. ,develops a new series of performance-related video games.The games are most likely protected by

Felicia invents a new valve to cap undersea oil spills,which she names "Great Catch." She also writes the installation manual to be included with each valve.Felicia could obtain copyright protection for

Trevor's business is The Spicy Chocolatier Café chain."The Spicy Chocolatier Café" is

The process behind the production of "Numb3rs," a suite of business accounting and inventory software,is protected by

Standard Corporation can not claim a trademark in the phrase "Quality Is Standard" if the phrase

Canada and the United States are signatories of the Berne Convention.Doug,a citizen of Canada,publishes a book first in Canada and then in the United States.Doug's copyright must be recognized by

Symphony,Inc. ,a U.S.jewelry designer and maker,files a suit against Kawa,Ltd. ,a Japanese jewelry maker,for the infringement of intellectual property rights under Japan's national laws.Under the TRIPS agreement,Symphony is entitled to receive

Cathy uses,on her new recording Drive By,the melody of a song written by Ed,without Ed's permission.This is

Sincere Forms,Inc. ,uses,in its ads,a trademark that is similar,but not identical,to the famous,registered mark of Desired Objects,Inc.Sincere's unauthorized use of the mark constitutes trademark dilution provided

E-Shopping Corporation inserts Fiesta Mall,Inc.'s trademark as a meta tag in E-Shopping's Web site's key-words field without Fiesta's permission in a manner that suggests Fiesta authorized the use.This is

Excel Goods,Inc. ,and Finest Products Corporation use the mark "Good Housekeeping Seal of Approval" to certify the quality of their products.Excel and Finest are not in business together and do not own this mark.The mark is

Ric designs a new computer hard drive,which he names "Sci Phi." He also writes the operating manual to be included with each final product.Ric could obtain patent protection for

Ellen publishes a book titled First Place,which includes a chapter from Frank's copyrighted book Great NASCAR Drivers without his permission.Ellen's use of the chapter is actionable

RiteMade Machinery,Inc. ,designs,makes,and sells a drill press.Steel Equipment Company copies the design without RiteMade's permission.Steel's conduct is actionable provided

USA Transport Company uses a mark associated with its name to distinguish its services from those of other transport firms.The mark is

Donna makes and distributes copies of Every Good Boy Does Fine,a movie copyrighted by Great Films Corporation,without Great Films' permission.Donna may be liable for