CHAPTER 8 LAW – Flashcards

Unlock all answers in this set

Unlock answers
question
The need to protect intellectual property is recognized in the Declaration of Independence
answer
FALSE
question
A patent and a copyright are examples of intellectual property, but a trademark is not an example of intellectual property
answer
FALSE
question
A beverage company that competes with Coca-Cola Company cannot call its products "Koke."
answer
TRUE
question
The 1995 Federal Trademark Dilution Act allowed trademark owners to bring suit in federal court for trademark dilution
answer
TRUE
question
A trademark can be diluted by the use of a similar mark
answer
TRUE
question
A trademark does not need to be registered to support a trademark infringement action
answer
TRUE
question
The states and the federal government provide for registration of trademarks.
answer
TRUE
question
A fanciful use of ordinary words may be trademarked
answer
TRUE
question
A suggestive use of ordinary words may be trademarked
answer
TRUE
question
A generic term is not protected under trademark law unless it acquires a secondary meaning.
answer
FALSE
question
A service mark distinguishes products used, or "put into service," by the government
answer
FALSE
question
A certification mark distinguishes products approved, or "certified," by the government
answer
FALSE
question
It is estimated that over 70 percent of the goods imported to the United States are counterfeit
answer
FALSE
question
Trade names have the same legal protection as trademarks
answer
TRUE
question
A trade name can be protected if it is unusual or fanciful
answer
TRUE
question
A license permits the use of another's intellectual property for certain limited purposes
answer
TRUE
question
The owner of intellectual property may put restrictions on the use of the intellectual property in a license agreement
answer
TRUE
question
By using another's trademark, a business could lead consumers to believe that its goods were made by the other business
answer
TRUE
question
To be patentable, an invention, discovery, or design must be novel, useful and not obvious in light of current technology
answer
TRUE
question
Patent infringement is a tort
answer
TRUE
question
Foreign firms cannot obtain U.S. patent protection on items that they sell in the United States
answer
FALSE
question
Copyright protection is automatic—registration is not required
answer
TRUE
question
It is possible to copyright an idea
answer
FALSE
question
A copyright owner must place a © or an ® on the work to have the work protected from copyright infringement
answer
FALSE
question
A copy does not need to be exactly the same as the original to infringe a copyright.
answer
TRUE
question
A person who buys a copyrighted work cannot sell it to someone else
answer
FALSE
question
A marketing technique can be a trade secret
answer
TRUE
question
A customer list is not a trade secret
answer
FALSE
question
Pricing information is not a trade secret
answer
FALSE
question
Information that is not or cannot be protected under trademark, patent, or copyright law may be protected under the law of trade secrets
answer
TRUE
question
Anyone who writes a book has automatic international copyright protection
answer
FALSE
question
Each member country of the TRIPS agreement must include in its domestic laws intellectual property rights
answer
TRUE
question
The TRIPS agreement established standards for the international protection of intellectual property rights for computer programs
answer
TRUE
question
In the European Union, the period of royalty protection for musicians is seventy years
answer
TRUE
question
The Anti-Counterfeiting Trade Agreement applies to counterfeit physical goods and to pirated copyrighted works being distributed via the Internet
answer
TRUE
question
Paula develops a new espresso machine that she names "Sure Shot." She also writes an operating manual for the machine. Paula can obtain trademark protection for
answer
The name "Sure Shot"
question
Trademarks are protected from use on noncompeting goods by
answer
the Federal Trademark Dilution Act
question
Beans Coffee & Cocoa Company makes and sells a chocolate-flavored coffee drink under the name "CoCoCafe." Darkroast Java, Inc., later markets a similar drink under the name "KoKoKafe." This is most likely
answer
trademark infringement
question
Bubbly Cola features Sparkly Cola's trademark without its owner's permission. Bubbly's use of the mark is actionable provided
answer
consumers are confused
question
Li'l Canine Company (LCC) uses a trademark that neither LCC nor anyone else has registered with the government. Under federal trademark law, LCC
answer
can register the mark for protection
question
In 2012, Online Marketing Corporation registers its trademark as provided by federal law. After the first renewal, this registration
answer
is renewable every 10 years
question
From Southeast Asia, Tai Ltd. exports genuine trademarked goods to the United States. Tai also makes labels and packaging bearing another firm's trademark, ships the labels to another location, and then affixes them to an inferior product to deceive buyers. Tai sells these goods to retailers who are unaware that the marks are counterfeit. Under the Stop Counterfeiting in Manufactured Goods Act, it is a crime to
answer
traffic in counterfeit labels, stickers, and packaging
question
Billy opens a bicycle shop that sells an innovative new kind of bicycle. He decides to call the bicycles "Bicycles." Billy extensively markets his product, has a high sales volume and becomes well known for selling Bicycles. The term Bicycle
answer
receives no protection against trademark infringement
question
Wendy works as a weather announcer for a TV station under the character name Weather Wendy. Wendy can register her name as a
answer
a service mark
question
Trek Transport Company uses a mark associated with its name to distinguish its services from those of other trucking firms. This mark is
answer
a service mark
question
Which of the following cannot be registered as a trade name?
answer
strawberries
question
Trevor's operates The Spicy Chocolatier Café chain of restaurants. "The Spicy Chocolatier Café" is
answer
a trade name
question
Mary Kate Corporation allows Ashley Company to use Mary Kate's trademark as part of Ashley's domain name. This is
answer
a license
question
In its ads for athletic shoes, Sleek Feet LLC uses a trademark that is similar, but not identical, to the famous, registered mark of Trend Flash, Ltd. Sleek Feet's unauthorized use of the mark constitutes trademark dilution, provided that
answer
consumers are confused
question
Moving Advanced Technology Corporation can not claim a trademark in the phrase "Moving to the Market" if the phrase
answer
is generic
question
Ric designs a new tablet computer that he names "Sci Phi." He also writes the operating manual to be included with each final product. Ric can obtain patent protection for
answer
the tablet computer
question
Ryan invents a pen that digitally "remembers" what is written or drawn with it. To obtain a patent for the pen, Ryan does not have to show that it is
answer
marketable
question
Sights Unseen, Inc., (SUI) sells telescopes with distinctively designed lenses and mirrors. Later, without SUI's permission, Telescopes Etc. Corporation begins to sell scopes with identical structures of lenses and mirrors. This is most likely
answer
patent infringement
question
Zoe invents "All for One," new business inventory control software, and applies for a patent. If Zoe is granted a patent, it will protect her product
answer
for twenty years
question
RiteMade Machinery, Inc., designs, makes, and sells a unique drill press. Steel Equipment Company copies the design without RiteMade's permission. Steel's conduct is actionable provided that
answer
RiteMade's design is patented
question
Stormclouds Inc. makes and markets its U.S. patented Tempest Tablet in the United States. Squalls Ltd., a Chinese firm, begins making and marketing the same product in China as Outburst Pad without Stormclouds's permission. Squalls is
answer
not guilty of patent infringement
question
Gas Up, Inc., designs, makes, and sells a fuel injection system that copies Hybrid Corporation's design without Hybrid's permission. This is most likely
answer
patent infringement
question
Riley invents a new valve to cap undersea oil spills. He names the valve "Great Catch." He also writes the installation manual to be included with each valve. Riley can obtain copyright protection for
answer
the installation manual
question
Sayers is very clever and spends lots of time creating new things. Which of the following is not copyrightable?
answer
Sayers's idea for a new way to play the guitar
question
Go! is a handheld video game featuring races between imaginary creatures and vehicles. The graphics used in the game are protected by
answer
copyright law
question
Elvin publishes a book titled First Place, which includes a chapter from Frank's copyrighted book Olympic Winners & Losers. Elvin's use of the chapter is actionable provided
answer
Elvin does not have Frank's permission
question
Mace copies Nick's book, Mumbai Monsoon, in its entirety and sells it to Parkland Books, Inc., without Nick's permission. Parkland publishes it under Mace's name. This is
answer
copyright infringement
question
Joey reproduces Mina's copyrighted work Storm on the Mountain without paying royalties. Joey is most likely excepted from liability for copyright infringement under the "fair use" doctrine if
answer
Joey's use has no effect on the market for Mina's work
question
James buys a copy of the book Downpour. Later, after reading the book, James sells it to his sister. Under the first sale doctrine, James's sale of the book is
answer
legal
question
Creation Worx, Inc., develops, makes, and markets new computer programs for businesses and consumers. Generally, copyright protection extends to
answer
those parts of the software that can be read by humans
question
The idea for "On Your Mark," a computer game featuring world-class athletic competition in extreme and unique contests, is protected by
answer
trade secrets law
question
Ewa is Diamond Financial Planners' most productive employee. She is dissatisfied with the commission structure, however, so she quits to work for Feldstar Investments, Inc. When she leaves Diamond's employ, she takes her list of Diamond's clients so that she can induce them to switch to Feldstar. Trade secrets law covers
answer
Diamond's list of clients
question
Caramello Chip & Cookie Corporation (4C) obtains, and gives its employees, a list of the customers of Sugar & Spice Sales, Inc. (3S). Under the law that applies to trade secrets, 4C's conduct is actionable provided
answer
4C does not have 3S's permission to use the list
question
Ross, an employee at Super Snowboard Company, is laid off. Before he exits Super's building, he e-mails the company's marketing campaign to Winter Sports Corporation, Super's competitor, without permission. This is
answer
a theft of trade secrets
question
New Apps Company develops "Browser Lite" software, which speeds the display of graphics on Web sites. Browser "Lite" has the most copyright protection under
answer
the Berne Convention
Get an explanation on any task
Get unstuck with the help of our AI assistant in seconds
New