Quizzes-Law10-Fall2013
Chp. 8 Intellectual Property
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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. Kay and Leocopy 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.
17. 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.
18. 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.
19. 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.
20. 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.
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