Question 1

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 has infringed on Great Films Corporation's copyright by making and distributing copies of their movie without their permission. As a result, she may be liable for damages, fines, or imprisonment.

Question 2

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

Trade secret laws protect confidential and proprietary information, such as Diamond's client list, from being used by competitors like Feldstar without permission. Elle's performance methods and Feldstar's commission structure are not considered trade secrets in this scenario.

Question 3

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 4

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 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

E-Shopping Corporation is using Fiesta Mall, Inc.'s trademark without their permission, which violates their exclusive rights to use their own trademark. This is known as trademark infringement.

Question 6

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

Accepted Answer

Copyright law protects original works of authorship, including video games, from unauthorized copying and distribution. Patent law protects inventions, but video games are not typically eligible for patent protection. Trademark law protects brand names, logos, and other indications of source or quality, which may apply to the video game itself or related merchandise, but it is not the primary form of protection for the content of the game. Trade secrets law protects confidential business information, which may be used in developing the game, but it does not protect the game itself as a creative work.

Question 7

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 is using Ed's work without his permission, which violates his exclusive right to control the use of his creation. This is copyright infringement.

Question 8

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

Since both Canada and the United States are signatories of the Berne Convention, Doug's copyright must be recognized not only in Canada and the United States but also in all other signatory countries to the convention.

Question 9

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 Frank's copyrighted material without permission is actionable regardless of whether there is confusion among consumers or whether Ellen and Frank are competitors. The unauthorized use of copyrighted material is a violation of the owner's exclusive rights, regardless of the context in which it occurs.

Question 10

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

Using someone else's digital sound recording without their permission is a clear violation of their copyright.

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, all members must provide equal treatment to foreign and domestic intellectual property rights holders. Therefore, Symphony is entitled to the same treatment as Kawa under Japan's national laws regardless of their nationality.

Question 12

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 of the espresso machine, "Sure Shot," as it is a unique identifier for her product. Trademarks protect names, logos, and other identifying marks used to distinguish a product or service from those of competitors. The espresso machine itself may be eligible for patent protection if it meets certain criteria, and the operating manual can be protected by copyright, but neither would be eligible for trademark protection. The "newness" of the machine is not a protectable intellectual property concept.

Question 13

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

Patent infringement occurs when another company makes, uses, sells, or imports a patented invention without permission from the patent holder. In this case, SUI has distinctively designed and made lenses and mirrors, which suggests they may have a patent on the technology. Telescopes, Etc. Corporation sells scopes with identical set-ups of lenses and mirrors without permission. Therefore, Telescopes, Etc. Corporation is likely committing patent infringement.

Question 14

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 unique value of a famous mark. It does not require consumer confusion or intentional use. As long as the similarity of the marks is likely to cause blurring or tarnishing of the famous mark's distinctiveness, trademark dilution exists.

Question 15

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

The answer of Standard Corporation can not claim a trademark...

Question 16

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 Equipment Company's conduct is only actionable if RiteMade's design is patented.

Question 17

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 considered a trade secret, meaning it is protected under trade secret law. This is because the information is valuable to the company's competitive advantage and has not been publicly disclosed. Copyright law protects original works of authorship, patent law protects inventions or designs, and trademark law protects branding and logos.

Question 18

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 19

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 the company's services from those of other transport firms. A certification mark is used to indicate that a product or service meets certain standards, while a collective mark is used to indicate membership of a particular group or organization. Trade dress refers to the visual appearance of a product or its packaging.

Question 20

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 a creative work of authorship that is fixed in a tangible medium of expression. Copyright does not protect the valve itself, which may be eligible for patent protection, or the name, which may be eligible for trademark protection. The "newness" of the valve may be a factor in determining whether it is eligible for patent protection, but it is not itself protected by copyright.

Quiz 8: A: Intellectual Property and Internet Law

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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