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1. A beverage company that competes with Coca-Cola Company cannot
call its products “Koke.”
1. State and federal governments provide for the registration of
trademarks.
1. Trademark dilution requires proof that consumers are likely to be
confused by the unauthorized use of a mark.
1. An applicant cannot register a trademark on the basis of an
intention to use the mark in commerce.
1. An arbitrary use of ordinary words may not be trademarked.
1. A personal name is protected under trademark law if it acquires a
secondary meaning.
1. A generic term is not protected under trademark law unless it acquires
a secondary meaning.
1. Trade dress has the same legal protection as trademarks.
1. A certification mark distinguishes products approved, or “certified,” by
the government.
1. A trade name cannot be registered with the federal government unless
it is also a trademark or a service mark.
1. Patent protection begins on the date that a patent is issued.
1. Patent infringement occurs only if an invention is copied in its entirety.
1. Copyright protection is automatic—registration is not required.
1. It is possible to copyright an idea.
1. A person can reproduce copyrighted material for purposes such as
teaching, including multiple copies for classroom use, without paying
royalties.
1. Exchanging pirated, copyrighted works with others is not infringement
unless money is involved.
1. A marketing technique can be a trade secret.
1. International copyright protection is automatic—even in nations that have
not signed international agreements relating to intellectual property
rights.
1. Theft of confidential data by industrial espionage is a theft of trade
secrets.
1. International copyright protection exists for computer programs as
“intellectual creations.”
1. 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.
1. 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.
1. 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.
1. 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.
1. 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.
1. 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.
1. 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.
1. 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.
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.
1. 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.
1. 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.
1. 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.
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.
1. 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.
1. 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.
1. 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.
1. 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.
1. 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.
1. 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.
1. 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.
1. Max plots a new Batman adventure and carefully and skillfully imitates
the art of DC Comics to create an authentic-looking Batman comic.
Max is not affiliated with the owners of the copyright to Batman. Can
Max publish the comic without infringing on the owners’ copyright?
1. College Copy Shop (CCS) compiles, copies, and sells reading materials
to students on the instructions of their professors, who indicate which
parts of which publications should be included. These include texts
published by Deep Topics, Inc. CCS does not obtain the permission of
Deep Topics, or any of the other original publishers of the copied
materials, and does not pay royalties on the sales of the compilations.
Deep Topics and others file a suit against CCS, alleging infringement
of the plaintiffs’ intellectual property rights. Which type of intellectual
property is involved in this situation? What is CCS’s likely defense?
How is a court most likely to rule? Explain.
