Question 1

Mace copies Nick's book,Off the Beaten Path,in its entirety and sells it to Parkland Books,Inc. ,without Nick's permission.Parkland publishes it under Mace's name.This is
A)copyright infringement.
B)fair use.
C)licensing.
D)protected expression.

Accepted Answer

Mace has violated Nick's exclusive rights as the owner of the copyright by copying and selling the book without his permission. This is copyright infringement. Fair use is a legal doctrine that allows the limited use of copyrighted material without permission for purposes such as commentary, criticism, news reporting, teaching, scholarship, or research. Licensing refers to an agreement between the owner of a copyrighted work and another party who seeks to use that work. Protected expression refers to creative works that are protected by copyright or other intellectual property laws.

Question 2

Mary Kate Corporation allows Ashley Company to use Mary Kate's trademark as part of Ashley's domain name.This is
A)a license.
B)a likelihood of consumer confusion.
C)cybersquatting.
D)trademark dilution.

Accepted Answer

This is a license agreement where Mary Kate Corporation has allowed Ashley Company to use their trademark as part of Ashley's domain name. This is a legal agreement where Mary Kate is permitting Ashley to use their trademark in exchange for certain benefits.

Question 3

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 is using a similar name to EZ Goo without the consent of Delightful Toys, which can lead to trademark dilution. This can create confusion for consumers and can harm the distinctiveness of the EZ Goo brand.

Question 4

The graphics used in Go! a handheld computer game featuring racing cars,is protected by
A)copyright law.
B)patent law.
C)trademark law.
D)none of the choices.

Accepted Answer

Graphics fall under the category of artistic works, and are protected by copyright law.

Question 5

In 2011,Sara writes Terror at the Track,a novel about racecar driving.Sara does not register the work with the appropriate government office.Under federal copyright law,Sara's work is protected
A)for ten years.
B)for twenty years.
C)for the life of the author plus seventy years.
D)forever.

Accepted Answer

Under federal copyright law, Sara's work is protected for the life of the author plus seventy years. This means that even though Sara did not register her work with the appropriate government office, her work is still protected for a significant amount of time.

Question 6

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 visual appearance of a product or its packaging, including the design, shape, and colors used. In this case, Ernie's Good Eatin' Cafe's distinctive decor, layout, menu, and style of service all contribute to its trade dress, which helps establish its unique brand identity and distinguish it from other restaurants.

Question 7

Garland publishes a book titled Half Pipe,Full Throttle,which includes a chapter from Ian's copyrighted book Snowboarder.Garland's use of the chapter is actionable provided
A)consumers are confused.
B)Garland's use is intentional.
C)Garland's use reproduces Ian's chapter exactly.
D)Garland does not have Ian's permission.

Accepted Answer

The only requirement for infringement in this scenario is that Garland does not have Ian's permission.

Question 8

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

Accepted Answer

The scenario describes Gas Up, Inc. copying Hybrid Corporation's designs without permission. This is a violation of patent law, as patents protect the design and function of a product or process. Copyright infringement deals with the copying of creative works, such as books or music. Trademark infringement involves the unauthorized use of a company's brand or logo.

Question 9

Like most successful companies,Paychex,Inc. ,has trade secrets.The law protects those secrets if
A)Paychex employees do not divulge the information to outside parties.
B)Paychex employees do not handle confidential documents.
C)Paychex employees never leave the company's employ.
D)the information is unique and has value to a competitor.

Accepted Answer

The law protects trade secrets if the information is unique and has value to a competitor. Choices A, B, and C are not accurate as they do not fully capture the conditions under which trade secrets are protected.

Question 10

Elementals,Inc. ,makes computer chips identical to Flik Quik Corporation's patented chip,except for slight differences 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

Making identical computer chips to Flik Quik Corporation's patented chip without permission is a violation of the patent law, which protects inventions or designs. Therefore, it is most likely a patent infringement, not copyright or trademark infringement.

Question 11

Lex reproduces Mina's copyrighted work without paying royalties.Lex is most likely excepted from liability for copyright infringement under the "fair use" doctrine if
A)Lex copies the entire work.
B)Lex distributes the copies freely to the public.
C)Lex's use has no effect on the market for Mina's work.
D)Lex's use is for a commercial purpose.

Accepted Answer

The fair use doctrine allows for reproduction of copyrighted material for certain purposes, such as criticism, commentary, news reporting, teaching, scholarship, or research. One of the factors that is considered when determining fair use is whether the reproduction has an impact on the market for the original work. If Lex's use of Mina's work has no effect on the market, then it is more likely to be considered fair use. However, if Lex copies the entire work or uses it for a commercial purpose, it is less likely to be considered fair use. Distributing the copies freely to the public also does not necessarily make it fair use.

Question 12

Switch/On Company develops "Instant," software to speed the display of graphics on Web sites."Instant" has the most copyright protection under
A)the Federal Trademark Dilution Act.
B)the Internet Corporation for Assigned Names and Numbers.
C)the Trade-Related Aspects of Intellectual Property Rights agreement.
D)the Uniform Trade Secrets Act.

Accepted Answer

The answer of Switch/On Company develops "Instant," software to speed...

Question 13

Ross e-mails Super Surfboard Company's marketing campaign to Summer Sports Corporation,Super's competitor,without its permission.This is
A)a sneaky but legal method to shock a business rival.
B)a secretive but lawful way to exact revenge on a supervisor.
C)a simple,legitimate attempt to create a job opportunity.
D)a theft of trade secrets.

Accepted Answer

Ross is stealing and revealing confidential information related to Super Surfboard Company's marketing campaign, which includes trade secrets. This act is illegal and unethical.

Question 14

In 2012,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.

Question 15

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 answer of Modern Clothing,Inc. ,and National Denim Corporation use...

Question 16

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

A patent is usually granted for a period of 20 years, during which the inventor holds exclusive rights to make, use, and sell the invention. After that time, the invention falls into the public domain and can be used freely by anyone.

Question 17

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)not infringement.

Accepted Answer

This is most likely trademark infringement because "CoCoCafe" is a unique name associated with the product made by Beans Coffee & Cocoa Company, and Darkroast Java, Inc. used a similar name "KoKoKafe" that could cause confusion among customers.

Question 18

Bubbly Cola features Sparkly Cola's trademark without its owner's permission.Bubbly's use of the mark is actionable provided
A)consumers are confused.
B)Bubbly's use is intentional.
C)Bubbly and Sparkly are not otherwise competitors.
D)Sparkly's mark is registered.

Accepted Answer

The use of Sparkly Cola's trademark by Bubbly Cola would be actionable if consumers are confused, as it would be an infringement on Sparkly Cola's intellectual property rights.

Question 19

The idea for "On Your Mark," a computer game featuring racing cars,is protected by
A)copyright law.
B)patent law.
C)trademark law.
D)trade secrets law.

Accepted Answer

The answer of The idea for "On Your Mark," a...

Question 20

Kay and Leo copy and exchange MP3 music files over the Internet without anyone's permission.With respect to songs owned by Natural Recording Company,this is
A)copyright infringement.
B)fair use.
C)licensing.
D)protected expression.

Accepted Answer

Copying and exchanging MP3 music files without permission from the owner of the copyright (Natural Recording Company) is a clear violation of their exclusive right to make copies and distribute their work, thus it constitutes copyright infringement. Fair use, licensing, and protected expression do not apply in this situation.

Quiz 14: Intellectual Property and Internet Law

Mace copies Nick's book,Off the Beaten Path,in its entirety and sells it to Parkland Books,Inc. ,without Nick's permission.Parkland publishes it under Mace's name.This is

Mary Kate Corporation allows Ashley Company to use Mary Kate's trademark as part of Ashley's domain name.This 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

The graphics used in Go! a handheld computer game featuring racing cars,is protected by

In 2011,Sara writes Terror at the Track,a novel about racecar driving.Sara does not register the work with the appropriate government office.Under federal copyright law,Sara's work is protected

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

Garland publishes a book titled Half Pipe,Full Throttle,which includes a chapter from Ian's copyrighted book Snowboarder.Garland's use of the chapter is actionable provided

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

Like most successful companies,Paychex,Inc. ,has trade secrets.The law protects those secrets if

Elementals,Inc. ,makes computer chips identical to Flik Quik Corporation's patented chip,except for slight differences in the "look," without Flik's permission.This is most likely

Lex reproduces Mina's copyrighted work without paying royalties.Lex is most likely excepted from liability for copyright infringement under the "fair use" doctrine if

Switch/On Company develops "Instant," software to speed the display of graphics on Web sites."Instant" has the most copyright protection under

Ross e-mails Super Surfboard Company's marketing campaign to Summer Sports Corporation,Super's competitor,without its permission.This is

In 2012,Online Marketing Corporation registers its trademark as provided by federal law.After the first renewal,this registration

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

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

Bubbly Cola features Sparkly Cola's trademark without its owner's permission.Bubbly's use of the mark is actionable provided

The idea for "On Your Mark," a computer game featuring racing cars,is protected by

Kay and Leo copy and exchange MP3 music files over the Internet without anyone's permission.With respect to songs owned by Natural Recording Company,this is