Question 1

Modern Clothing, Inc., and National Denim Corporation use the mark "Made by Members of the U.S. Textile Workers Union" on the tags of their products to indicate the participation of the union in the manufacture. Modern and National 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 mark "Made by Members of the U.S. Textile Workers Union" is a collective mark because it indicates membership in a particular organization (the U.S. Textile Workers Union) and is used by multiple companies (Modern Clothing, Inc. and National Denim Corporation) to show their relationship with that organization.

Question 2

Ernie's Good Eatin' Cafe uses a distinctive decor, layout, menu, and style of service. This restaurant's image and overall appearance is
A) a certification mark.
B) a collective mark.
C) a service mark.
D) trade dress.

Accepted Answer

Trade dress refers to the overall appearance and image of a product, including its distinctive packaging, design, and presentation. In the case of a restaurant, trade dress may include the decor, layout, menu, and style of service, as mentioned in the question.

Question 3

Gamma Corporation allows Kappa Company to use Gamma's trademark as part of Kappa's domain name. This is
A) a license.
B) an injunction.
C) dilution.
D) litigious.

Accepted Answer

Gamma Corporation is allowing Kappa Company to use their trademark as part of Kappa's domain name, indicating that they have granted Kappa a license to use the trademark.

Question 4

USA Transport Company uses a mark associated with its name to distin?guish 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

The mark used by USA Transport Company is a service mark, as it is used to distinguish their transportation services from those of other companies. Certification marks are used to certify the origin or quality of goods, collective marks are used by organizations to distinguish goods or services provided by members, and trade dress refers to the visual appearance of a product or its packaging.

Question 5

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 is using Fiesta Mall, Inc.'s trademark without their permission in a way that suggests authorization.

Question 6

National Consumer Company (NCC) uses a trademark that neither NCC nor anyone else has registered with the government. Under federal trademark law, NCC
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 postpone registration until the mark is out of use for six months.

Accepted Answer

NCC can register the mark for protection because federal trademark law allows for registration of a trademark that has not been registered by anyone else.

Question 7

Original, Inc., sells its product under the name "Phido." Quik Corporation begins to market a similar product under the name "Fido." This is
A) copyright infringement.
B) patent infringement.
C) trademark infringement.
D) none of the choices.

Accepted Answer

This is trademark infringement. The similar product name "Fido" is likely to cause confusion in the market and lead consumers to believe that it is related to or endorsed by Original, Inc.'s "Phido" product.

Question 8

In Case 8.1, The Coca-Cola Co. v. The Koke Co. of America, when the Koke Company of America marketed its cola product under the name "Koke," it infringed the Coca-Cola Company's
A) copyright.
B) patent.
C) trademark.
D) none of the choices.

Accepted Answer

The Koke Company of America's use of the name "Koke" for its cola product infringed Coca-Cola's trademark. A trademark is a distinctive sign or indicator that a company uses to distinguish its products or services from those of others. Coca-Cola had registered its trademark for the name "Coca-Cola," which means that they had exclusive rights to use that name for their product. The use of a similar name "Koke" by another company could cause confusion among consumers and dilute the distinctive character of Coca-Cola's trademark.

Question 9

Elementals, Inc., makes computer chips iden?tical to Flik Quik Corporation's patented chip, except for slight dif?fer?ences in the "look," without Flik's permission. This is most likely
A) copyright infringement.
B) patent infringement.
C) trademark infringement.
D) none of the choices.

Accepted Answer

This is an example of patent infringement as Elementals, Inc. is making identical computer chips to Flik Quik Corporation's patented chip without permission. Copyright infringement refers to the unauthorized use of original works of authorship such as books, music, and photographs. Trademark infringement refers to the unauthorized use of a trademark or logo belonging to another company.

Question 10

Phil invents "PhutureNow," new Web site design software, and applies for a patent. If Phil is granted a patent, his invention will be protected
A) for ten years.
B) for twenty years.
C) for the life of the inventor plus seventy years.
D) forever.

Accepted Answer

If Phil is granted a patent, his invention will be protected for twenty years.

Question 11

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) none of the choices.

Accepted Answer

The use of a similar name in the same industry can create confusion among customers and can be seen as a violation of trademark law. Beans Coffee & Cocoa Company may hold a trademark for the name "CoCoCafe" and can take legal action against Darkroast Java, Inc. for trademark infringement. Copyright and patent infringement would not apply in this scenario since these protect creative works and inventions, respectively, and not names or brands.

Question 12

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

Accepted Answer

Trademark protection can be obtained for the name "Quik Shot" as it is used to identify and distinguish the source of the product. The espresso machine itself and the operating manual are not eligible for trademark protection.

Question 13

In 2008, Digital Equipment Corporation registers its trademark as pro?vided by federal law. This registration provides protection
A) for ten years.
B) for twenty years.
C) for the life of the corporation plus seventy years.
D) forever.

Accepted Answer

Trademark registration provides protection for a period of 10 years, after which it must be renewed to continue protection.

Question 14

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,...

Question 15

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

Selling scopes with identical set-ups of lenses and mirrors without permission is an act of patent infringement, which is the unauthorized use of a patented invention. Copyright infringement involves the unauthorized use of original works of authorship, such as literary, musical or artistic works. Trademark infringement involves the unauthorized use of a trademark or service mark, such as a company logo or brand name. However, neither copyright nor trademark infringement seem to apply in this scenario as the issue is related to the design and functionality of the product, rather than its branding or expressive qualities.

Question 16

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...

Question 17

Delightful Toys, Inc., makes EZ Goo, a children's toy. Without Delightful's consent, Fast Adhesives Company begins to use "ezgoo" as part of the URL for Fast's Web site. Fast claims that no consumer would confuse the Web site with the toy. Fast has committed
A) copyright infringement.
B) patent infringement.
C) trademark dilution.
D) none of the choices.

Accepted Answer

Fast Adhesives Company's use of "ezgoo" as part of their URL could potentially create confusion among consumers and dilute the distinctiveness of Delightful Toys, Inc.'s EZ Goo trademark. This is an example of trademark dilution.

Question 18

Gas Up, Inc., designs and makes a fuel injection system that copies parts of Hybrid Corporation's designs without Hybrid's permis?sion. This is most likely
A) copyright infringement.
B) patent infringement.
C) trademark infringement.
D) none of the choices.

Accepted Answer

Patent infringement involves making, using, or selling a patented invention without the permission of the patent owner. In this case, Gas Up, Inc. is copying parts of Hybrid Corporation's designs without permission, which is a clear instance of patent infringement.

Question 19

Integrity Products, Inc., obtains a patent on a valve. Jiffy-Make Company copies the design. This patent is infringed
A) only if Jiffy-Make copies the valve in its entirety.
B) only if Jiffy-Make sells the valve in the market.
C) only if Jiffy-Make copies the valve in its entirety and sells it.
D) regardless of whether the valve is copied in its entirety or sold.

Accepted Answer

A patent is infringed when someone makes, uses, or sells a patented invention without permission, regardless of whether the entire product is copied or sold.

Question 20

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

A phrase is considered generic if it simply describes the goods or services being offered, and therefore cannot be claimed as a trademark by any one company. "Quality Is Standard" is a descriptive phrase that is commonly used in the business world, and does not distinguish Standard Corporation's goods or services from those of competitors. Therefore, it cannot be trademarked.

Quiz 8: Intellectual Property and Internet Law

Modern Clothing, Inc., and National Denim Corporation use the mark "Made by Members of the U.S. Textile Workers Union" on the tags of their products to indicate the participation of the union in the manufacture. Modern and National are not in business together and do not own this mark. The mark is

Ernie's Good Eatin' Cafe uses a distinctive decor, layout, menu, and style of service. This restaurant's image and overall appearance is

Gamma Corporation allows Kappa Company to use Gamma's trademark as part of Kappa's domain name. This is

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

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

National Consumer Company (NCC) uses a trademark that neither NCC nor anyone else has registered with the government. Under federal trademark law, NCC

Original, Inc., sells its product under the name "Phido." Quik Corporation begins to market a similar product under the name "Fido." This is

In Case 8.1, The Coca-Cola Co. v. The Koke Co. of America, when the Koke Company of America marketed its cola product under the name "Koke," it infringed the Coca-Cola Company's

Elementals, Inc., makes computer chips iden?tical to Flik Quik Corporation's patented chip, except for slight dif?fer?ences in the "look," without Flik's permission. This is most likely

Phil invents "PhutureNow," new Web site design software, and applies for a patent. If Phil is granted a patent, his invention will be protected

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

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

In 2008, Digital Equipment Corporation registers its trademark as pro?vided by federal law. This registration provides protection

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

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

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

Delightful Toys, Inc., makes EZ Goo, a children's toy. Without Delightful's consent, Fast Adhesives Company begins to use "ezgoo" as part of the URL for Fast's Web site. Fast claims that no consumer would confuse the Web site with the toy. Fast has committed

Gas Up, Inc., designs and makes a fuel injection system that copies parts of Hybrid Corporation's designs without Hybrid's permis?sion. This is most likely

Integrity Products, Inc., obtains a patent on a valve. Jiffy-Make Company copies the design. This patent is infringed

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