Question 1

A person can reproduce copyrighted material for purposes such as teaching, including multiple copies for classroom use, without paying royalties.

Accepted Answer

A) True 
 B)False

Question 2

A personal name is protected under trademark law if it acquires a secondary meaning.

Accepted Answer

A) True 
 B)False  True

Question 3

Mary Kate Corporation allows Ashley Company to use Mary Kate's trademark as part of Ashley's domain name. This is​

Accepted Answer

A)  a license.
B)  a likelihood of consumer confusion.
C)  cybersquatting.
D)  trademark dilution.E) A) and D)
F) B) and C)

Question 4

Metro Movers Miami Corporation allows Metro Movers Milwaukee Company to use Metro Movers' trademark as part of its company advertising. This is​

Accepted Answer

A)  a license.
B)  likely to confuse consumers.
C)  trademark infringement.
D)  trademark dilution.E) B) and C)
F) All of the above

Question 5

Counterfeit goods copy or otherwise imitate trademarked goods, and they are in fact sometimes genuine.

Accepted Answer

A) True 
 B)False

Question 6

An exception to liability for copyright infringement is made under the "fair use" doctrine.

Accepted Answer

A) True 
 B)False

Question 7

If anyone who is a citizen of a country that has not signed the Berne Convention first publishes a book in a signatory country, all other signatory countries must recognize the author's copyright.

Accepted Answer

A) True 
 B)False

Question 8

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.

Accepted Answer

The intellectual property at issue in this situation is copyright-specifically, of course, the copyrights of the publishers of the materials that CCS copies and sells without permission. CCS is likely to assert the "fair use" doctrine in its defense. This doctrine includes exceptions to the general requirement that an owner's permission be obtained before copyrighted material can be copied. CCS is probably likely to argue that its compilations are excepted because they are dedicated to "educational" uses. A court is most likely to conclude, however, that the copying and selling of the materials is not a fair use, because CCS profits from their sale, which undercuts the potential market for the copyrighted publications from which the copies are made. In determining fair use, a court considers four factors: the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used in relation to the copyrighted work as a whole, and the effect of the use on the potential market for or value of the copyrighted work. In this situation, the fourth factor is most significant and supports the conclusion that CCS's use of the materials is not a fair use.

Question 9

It is not possible to copyright an idea.

Accepted Answer

A) True 
 B)False

Question 10

A famous trademark may be diluted only by the unauthorized use of an identical mark.

Accepted Answer

A) True 
 B)False

Question 11

In 2016, Data Marketing, Inc., registers its trademark as provided by federal law. After the first renewal, this registration​

Accepted Answer

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.E) All of the above
F) A) and D)

Question 12

Zoey invents "One for All," new business inventory control software, and applies for a patent. If Zoey is granted a patent, it will protect her product​

Accepted Answer

A)  for ten years.
B)  for twenty years.
C)  for the life of the inventor plus seventy years.
D)  forever.E) A) and D)
F) B) and D)

Question 13

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​

Accepted Answer

A)  copyright infringement.
B)  fair use.
C)  a license.
D)  protected expression.E) A) and B)
F) None of the above

Question 14

A trademark need not be registered to support a trademark infringement action.

Accepted Answer

A) True 
 B)False

Question 15

A marketing technique can be a trade secret.

Accepted Answer

A) True 
 B)False  True

Question 16

The idea for "Price+Profit," an app that businesses can use to track their revenue, profit, and payroll, is protected by​

Accepted Answer

A)  copyright law.
B)  patent law.
C)  none of the choices.
D)  trade secrets law.E) C) and D)
F) B) and D)

Question 17

States do not have trademark statutes.

Accepted Answer

A) True 
 B)False

Question 18

Constellation Analytics Inc. uses a mark associated with its name to distinguish its services from those of other tech firms. This mark is​

Accepted Answer

A)  a certification mark.
B)  a collective mark.
C)  a service mark.
D)  none of the choices.E) A) and B)
F) All of the above

Question 19

Quinn designs a new tablet computer, which he names "PhlipTop." He also writes the operating manual that is included with each final product. Quinn could obtain patent protection for​

Accepted Answer

A)  the tablet.
B)  all of the choices.
C)  the name.
D)  the operating manual.E) B) and C)
F) B) and D)

Question 20

A copy must be exactly the same as the original to infringe a copyright.

Accepted Answer

A) True 
 B)False

Exam 4: Intellectual Property

A person can reproduce copyrighted material for purposes such as teaching, including multiple copies for classroom use, without paying royalties.

Correct Answer
verified

A personal name is protected under trademark law if it acquires a secondary meaning.

Correct Answer
verified
True

Mary Kate Corporation allows Ashley Company to use Mary Kate's trademark as part of Ashley's domain name. This is

Correct Answer
verified

Metro Movers Miami Corporation allows Metro Movers Milwaukee Company to use Metro Movers' trademark as part of its company advertising. This is

Correct Answer
verified

Counterfeit goods copy or otherwise imitate trademarked goods, and they are in fact sometimes genuine.

Correct Answer
verified

An exception to liability for copyright infringement is made under the "fair use" doctrine.

Correct Answer
verified

If anyone who is a citizen of a country that has not signed the Berne Convention first publishes a book in a signatory country, all other signatory countries must recognize the author's copyright.

Correct Answer
verified

It is not possible to copyright an idea.

Correct Answer
verified

A famous trademark may be diluted only by the unauthorized use of an identical mark.

Correct Answer
verified

In 2016, Data Marketing, Inc., registers its trademark as provided by federal law. After the first renewal, this registration

Correct Answer
verified

Zoey invents "One for All," new business inventory control software, and applies for a patent. If Zoey is granted a patent, it will protect her product

Correct Answer
verified

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

Correct Answer
verified

A trademark need not be registered to support a trademark infringement action.

Correct Answer
verified

A marketing technique can be a trade secret.

Correct Answer
verified
True

The idea for "Price+Profit," an app that businesses can use to track their revenue, profit, and payroll, is protected by

Correct Answer
verified

States do not have trademark statutes.

Correct Answer
verified

Constellation Analytics Inc. uses a mark associated with its name to distinguish its services from those of other tech firms. This mark is

Correct Answer
verified

Quinn designs a new tablet computer, which he names "PhlipTop." He also writes the operating manual that is included with each final product. Quinn could obtain patent protection for

Correct Answer
verified

A copy must be exactly the same as the original to infringe a copyright.

Correct Answer
verified

Exam 4: Intellectual Property

A person can reproduce copyrighted material for purposes such as teaching, including multiple copies for classroom use, without paying royalties.

Correct AnswerverifiedShow Answer

A personal name is protected under trademark law if it acquires a secondary meaning.

Correct AnswerverifiedTrue

Mary Kate Corporation allows Ashley Company to use Mary Kate's trademark as part of Ashley's domain name. This is​

Correct AnswerverifiedShow Answer

Metro Movers Miami Corporation allows Metro Movers Milwaukee Company to use Metro Movers' trademark as part of its company advertising. This is​

Correct AnswerverifiedShow Answer

Counterfeit goods copy or otherwise imitate trademarked goods, and they are in fact sometimes genuine.

Correct AnswerverifiedShow Answer

An exception to liability for copyright infringement is made under the "fair use" doctrine.

Correct AnswerverifiedShow Answer

If anyone who is a citizen of a country that has not signed the Berne Convention first publishes a book in a signatory country, all other signatory countries must recognize the author's copyright.

Correct AnswerverifiedShow Answer

It is not possible to copyright an idea.

Correct AnswerverifiedShow Answer

A famous trademark may be diluted only by the unauthorized use of an identical mark.

Correct AnswerverifiedShow Answer

In 2016, Data Marketing, Inc., registers its trademark as provided by federal law. After the first renewal, this registration​

Correct AnswerverifiedShow Answer

Zoey invents "One for All," new business inventory control software, and applies for a patent. If Zoey is granted a patent, it will protect her product​

Correct AnswerverifiedShow Answer

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​

Correct AnswerverifiedShow Answer

A trademark need not be registered to support a trademark infringement action.

Correct AnswerverifiedShow Answer

A marketing technique can be a trade secret.

Correct AnswerverifiedTrue

The idea for "Price+Profit," an app that businesses can use to track their revenue, profit, and payroll, is protected by​

Correct AnswerverifiedShow Answer

States do not have trademark statutes.

Correct AnswerverifiedShow Answer

Constellation Analytics Inc. uses a mark associated with its name to distinguish its services from those of other tech firms. This mark is​

Correct AnswerverifiedShow Answer

Quinn designs a new tablet computer, which he names "PhlipTop." He also writes the operating manual that is included with each final product. Quinn could obtain patent protection for​

Correct AnswerverifiedShow Answer

A copy must be exactly the same as the original to infringe a copyright.

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
verified
True

Mary Kate Corporation allows Ashley Company to use Mary Kate's trademark as part of Ashley's domain name. This is

Correct Answer
verified

Metro Movers Miami Corporation allows Metro Movers Milwaukee Company to use Metro Movers' trademark as part of its company advertising. This is

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

In 2016, Data Marketing, Inc., registers its trademark as provided by federal law. After the first renewal, this registration

Correct Answer
verified

Zoey invents "One for All," new business inventory control software, and applies for a patent. If Zoey is granted a patent, it will protect her product

Correct Answer
verified

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

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
True

The idea for "Price+Profit," an app that businesses can use to track their revenue, profit, and payroll, is protected by

Correct Answer
verified

Correct Answer
verified

Constellation Analytics Inc. uses a mark associated with its name to distinguish its services from those of other tech firms. This mark is

Correct Answer
verified

Quinn designs a new tablet computer, which he names "PhlipTop." He also writes the operating manual that is included with each final product. Quinn could obtain patent protection for

Correct Answer
verified

Correct Answer
verified