1. In Case 14.1, The Coca-Cola Co. v. The Koke Co. of America,
the United States Supreme Court permitted a Coca Cola competitor to
call a product “Koke.”
1. A famous trademark may be diluted only by the unauthorized use of an
identical mark.
1. A trademark must be registered to support a trademark infringement
action.
1. A suggestive use of ordinary words may not be trademarked.
1. A service mark distinguishes products used by the government.
1. The unauthorized use of another’s mark in a domain name is generally
permissible because the Internet is vast.
1. A trade name cannot be protected if it is unusual or fanciful.
1. A license permits the use of intellectual property for certain limited
purposes.
1. A patent applicant must demonstrate that an invention is “commercially
practicable” to receive a patent.
1. Almost anything is patentable.
1. In determining whether copyright protection should be granted, the cen–
tral issue is the idea that forms the basis for a work.
1. In determining whether a copyrighted work is infringed under the “fair
use” doctrine, one factor is the effect of the use on the market for the
work.
1. A copy must be exactly the same as the original to infringe a
copyright.
1. Downloading software or music into a computer’s random access
memory without authorization is copyright infringement.
1. Exchanging pirated, copyrighted works with others is not a crime unless
money is involved.
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1. There are no registration requirements for trade secrets.
1. Pricing information is not a trade secret.
1. The theft of trade secrets is not a crime unless a contract is
breached.
1. Anyone who writes a book has copyright protection in every country in
the world.
XOAXOA: AACSB Analytic AICPA Legal
1. Under the Madrid Protocol, a company can register its trademark in
more than one country with a single application.
1. 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.
1. 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.
1. 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.
1. 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.
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.
1. 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.
1. 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.
1. 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.
1. 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.
1. 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.
1. 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.
1. 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.
1. 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.
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.
1. 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.
1. 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.
1. 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.
1. 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.
1. 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.
1. 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.
1. For five years, baby-food makers Baby-One Corporation and Baby-B-
Mine, Inc., both use the phrase “Tastes Good” on their labels. Baby-
One files a suit against Baby-B-Mine, claiming trademark infringement.
Baby-B-Mine argues that the phrase is not generally associated with
any particular firm, pointing to other companies that use the same
phrase on their labels. In whose favor is the court most likely to rule,
and why?
1. Hawk Corporation begins making and selling motorcycles in 1995 under
the mark “Hawk.” Ten years later, Hawk.com, Inc., a different company
selling medical equipment and supplies, begins to use “hawk” as part of
its URL and registers it as a domain name. Can Hawk Corporation
stop Hawk.com’s use of “hawk”? If so, what must the motorcycle-maker
show?
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