Question 1

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

Accepted Answer

This is a license agreement where Gamma Corporation is giving permission to Kappa Company to use its trademark as part of its domain name.

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

Accepted Answer

Trade dress refers to the overall appearance and image of a product or service, including its design, packaging, and presentation. In the case of Ernie's Good Eatin' Cafe, its distinctive decor, layout, menu, and style of service are its trade dress.

Question 3

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

Accepted Answer

Using someone else's melody without their permission is a violation of their copyright.

Question 4

Mod Clothing,Inc. ,and Natty 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.Mod and Natty are not in business together and do not own this mark.The mark is

Accepted Answer

The answer of Mod Clothing,Inc. ,and Natty Denim Corporation use...

Question 5

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

Accepted Answer

Ellen's use of Frank's copyrighted material without permission is considered infringement regardless of whether consumers are confused or Ellen and Frank are competitors. The fact that she used a chapter from his book without permission constitutes a violation of his exclusive rights to reproduce and distribute his original work.

Question 6

Energo,Inc. ,designs and makes a fuel injection system that copies Fuel-In Corporation's designs without Fuel-In's permis?sion.This is most likely

Accepted Answer

Designing and making a fuel injection system that copies another company's design without permission would likely be patent infringement, as patents protect the design and invention of products. Copyright infringement typically applies to creative works such as literature, music, and art, while service mark infringement and trademark infringement refer to unauthorized use of logos or symbols associated with a company.

Question 7

The graphics used in "Go!," a handheld computer game featuring racecars,are protected by

Accepted Answer

Graphics used in a computer game are considered creative works and are therefore protected by copyright law. Patent law protects inventions, trademark law protects brand names and logos, and trade secrets law protects confidential business information.

Question 8

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

Accepted Answer

This is a case of trademark dilution, as Fast Adhesives is using a similar name to Delightful Toys' product without consent, which can potentially weaken the distinctiveness and reputation of the EZ Goo trademark.

Question 9

In 2009,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

Accepted Answer

Under federal copyright law, Sara's work is protected for the life of the author plus seventy years. This means that Sara's work will be protected for her lifetime plus an additional seventy years after her death.

Question 10

Delta,Inc. ,copies Eagle Corporation's patented invention in its entirety.Delta sells it as its own invention to First Products Company,without Eagle's permission.Eagle's patent is infringed by

Accepted Answer

The answer of Delta,Inc. ,copies Eagle Corporation's patented invention in...

Question 11

Copy Products,Inc. ,uses,in its ads,a trademark that is similar,but not identical,to a distinctive mark used by Durable Goods,Inc.Copy's use of the mark is actionable

Accepted Answer

The Lanham Act prohibits the use of any trademark that is likely to cause confusion, or to cause mistake, or to deceive.

Question 12

George owns Murphy's Grill,a restaurant in a small town in Ohio.Without George's consent,Food Business,Inc. ,opens a club in New York City called Murphy's and begins to use "murphys" as part of the URL for the club's Web site.Food Business has committed

Accepted Answer

The answer of George owns Murphy's Grill,a restaurant in a...

Question 13

Precise Factory Machinery,Inc. ,obtains a patent on a drill press.Quackley Equipment Company copies the design.This patent is infringed

Accepted Answer

Patent infringement occurs when someone makes, uses, sells or imports a patented invention without the permission of the patent holder, regardless of whether they copied the design entirely or sold it in the market. So, option D is the correct answer.

Question 14

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

Accepted Answer

A service mark is used to identify services instead of goods. In this case, USA Transport Company is using a mark to distinguish its transportation services from others in the industry.

Question 15

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

Accepted Answer

A patent grants exclusive rights to an inventor for a period of 20 years from the filing date of the patent application. After the 20-year period, the invention falls into the public domain and can be used by anyone without permission or payment to the original inventor.

Question 16

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

Accepted Answer

Donna has committed copyright infringement by making and distributing copies of a movie without permission from the owner of the copyright. This is a violation of federal law and can result in damages, fines, or imprisonment.

Question 17

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

Accepted Answer

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

Question 18

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

Accepted Answer

The "Good Housekeeping Seal of Approval" is a certification mark because it certifies that the products of Finest Products Company and Great Goods, Inc. meet certain quality standards. It is not a collective mark because it is not owned by a group or association, and it is not a service mark because it does not identify services, but rather certifies products. It is also not trade dress, which refers to the visual appearance of a product or its packaging.

Question 19

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

Accepted Answer

Patent protection is available for inventions like the hard drive, not for names or written manuals. The name could be trademarked, and the manual could be copyrighted.

Question 20

Fiona invents a new deep-sea fishing net,which she names "Great Catch." She also writes the operating manual to be included with each net.Fiona could obtain copyright protection for

Accepted Answer

The answer of Fiona invents a new deep-sea fishing net,which...

Quiz 5: Intellectual Property and Internet Law