Question 1

A certification mark distinguishes products approved, or "certified," by the government.​

Accepted Answer

A) True 
 B)False

Question 2

Chris operates the Devil's Brew chain of coffee stands. "Devil's Brew" is a

Accepted Answer

A)  ​certification mark. 
B)  ​collective mark. 
C)  ​service mark. 
D)  ​trade name. 
A)  ​certification mark. 
B)  ​collective mark. 
C)  ​service mark. 
D)  ​trade name.

Question 3

Trade Publishing Inc. owns the rights to the Aura series of paranormal-themed novels, and publishes and sells copies in bookstores and online. Sydney buys and reads a copy of each book in the series. With regard to these copies, Sydney can

Accepted Answer

A)  ​sell them to someone else. 
B)  ​only sell them back to the publisher. 
C)  ​only return them to the place of purchase for a refund. 
D)  ​not sell or return them. 
A)  ​sell them to someone else. 
B)  ​only sell them back to the publisher. 
C)  ​only return them to the place of purchase for a refund. 
D)  ​not sell or return them.

Question 4

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

Accepted Answer

A)  ​copyright infringement. 
B)  ​patent infringement. 
C)  ​trademark infringement. 
D)  ​a theft of trade secrets. 
A)  ​copyright infringement. 
B)  ​patent infringement. 
C)  ​trademark infringement. 
D)  ​a theft of trade secrets.

Question 5

To succeed in a lawsuit alleging trademark dilution, the plaintiff must prove that consumers are likely to be confused by the unauthorized use of a mark.​

Accepted Answer

A) True 
 B)False

Question 6

Galileo buys a copy of the book Hip Hop. Later, after reading the book, Galileo sells the book to his sister Inez. This sale of the book is

Accepted Answer

A)  ​legal. 
B)  ​legal only if the copyright has expired. 
C)  ​legal only if he sells it for less than he paid for it. 
D)  ​illegal. 
A)  ​legal. 
B)  ​legal only if the copyright has expired. 
C)  ​legal only if he sells it for less than he paid for it. 
D)  ​illegal.

Question 7

A person who buys a copyrighted work cannot sell it to someone else.​

Accepted Answer

A) True 
 B)False

Question 8

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

Accepted Answer

A) True 
 B)False

Question 9

Theft of confidential data by industrial espionage is a theft of trade secrets.​

Accepted Answer

A) True 
 B)False

Question 10

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. 
A)  ​a license. 
B)  ​likely to confuse consumers. 
C)  ​trademark infringement. 
D)  ​trademark dilution.

Question 11

A patent applicant must demonstrate that an invention is marketable to receive a patent.​

Accepted Answer

A) True 
 B)False

Question 12

An applicant cannot register a trademark on the basis of an intention to use the mark in commerce.​

Accepted Answer

A) True 
 B)False

Question 13

Ky downloads and sells, in international markets via the Internet, e-textbooks without the authors' or publishers' permission. The international treaty that applies to pirated copyrighted works being distributed via the Internet is

Accepted Answer

A)  ​the Federal Trademark Dilution Act. 
B)  ​the Madrid Protocol. 
C)  ​the Trade-Related Aspects of Intellectual Property Rights agreement. 
D)  ​the Anti-Counterfeiting Trade Agreement. 
A)  ​the Federal Trademark Dilution Act. 
B)  ​the Madrid Protocol. 
C)  ​the Trade-Related Aspects of Intellectual Property Rights agreement. 
D)  ​the Anti-Counterfeiting Trade Agreement.

Question 14

Production techniques are not trade secrets.​

Accepted Answer

A) True 
 B)False

Question 15

Reprise, Inc., a U.S. video production company, files a suit against Substantivo TV, Ltd., a Mexican production firm, for infringement of intellectual property rights under Mexico's national laws. Under the TRIPS agreement, Reprise is entitled to receive

Accepted Answer

A)  ​better treatment than Substantivo. 
B)  ​the same treatment as Substantivo. 
C)  ​worse treatment than Substantivo. 
D)  ​nothing. 
A)  ​better treatment than Substantivo. 
B)  ​the same treatment as Substantivo. 
C)  ​worse treatment than Substantivo. 
D)  ​nothing.

Question 16

Protection of trade secrets extends both to ideas and to their expression.​

Accepted Answer

A) True 
 B)False

Question 17

States do not have trademark statutes.​

Accepted Answer

A) True 
 B)False

Question 18

Constellation Research 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)  ​trade dress. 
A)  ​a certification mark. 
B)  ​a collective mark. 
C)  ​a service mark. 
D)  ​trade dress.

Question 19

In his recording "Nothing Nu 4U," O'Reilly uses the melody of a song written by Pete. O'Reilly did not obtain Pete's permission. This is

Accepted Answer

A)  ​copyright infringement. 
B)  ​patent infringement. 
C)  ​trademark infringement. 
D)  ​none of the choices. 
A)  ​copyright infringement. 
B)  ​patent infringement. 
C)  ​trademark infringement. 
D)  ​none of the choices.

Question 20

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​

Accepted Answer

A)  ​copyright infringement. 
B)  ​patent infringement. 
C)  ​trademark infringement. 
D)  ​a theft of trade secrets. 
A)  ​copyright infringement. 
B)  ​patent infringement. 
C)  ​trademark infringement. 
D)  ​a theft of trade secrets.

Exam 8: Intellectual Property Rights

A certification mark distinguishes products approved, or "certified," by the government.​

Chris operates the Devil's Brew chain of coffee stands. "Devil's Brew" is a

Trade Publishing Inc. owns the rights to the Aura series of paranormal-themed novels, and publishes and sells copies in bookstores and online. Sydney buys and reads a copy of each book in the series. With regard to these copies, Sydney can

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

To succeed in a lawsuit alleging trademark dilution, the plaintiff must prove that consumers are likely to be confused by the unauthorized use of a mark.​

Galileo buys a copy of the book Hip Hop. Later, after reading the book, Galileo sells the book to his sister Inez. This sale of the book is

A person who buys a copyrighted work cannot sell it to someone else.​

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

Theft of confidential data by industrial espionage is a theft of trade secrets.​

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

A patent applicant must demonstrate that an invention is marketable to receive a patent.​

An applicant cannot register a trademark on the basis of an intention to use the mark in commerce.​

Ky downloads and sells, in international markets via the Internet, e-textbooks without the authors' or publishers' permission. The international treaty that applies to pirated copyrighted works being distributed via the Internet is

Production techniques are not trade secrets.​

Reprise, Inc., a U.S. video production company, files a suit against Substantivo TV, Ltd., a Mexican production firm, for infringement of intellectual property rights under Mexico's national laws. Under the TRIPS agreement, Reprise is entitled to receive

Protection of trade secrets extends both to ideas and to their expression.​

States do not have trademark statutes.​

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

In his recording "Nothing Nu 4U," O'Reilly uses the melody of a song written by Pete. O'Reilly did not obtain Pete's permission. This is

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​

Law and Legal Reasoning

Courts and Alternative Dispute Resolution

Court Procedures

Business and the Constitution

Business Ethics

Tort Law

Strict Liability and Product Liability

Internet Law, Social Media, and Privacy

Criminal Law and Cyber Crime

Nature and Terminology

Agreement in Traditional and E-Contracts

Consideration

Capacity and Legality

Mistakes, Fraud, and Voluntary Consent

The Writing Requirement in Our Digital World

Third Party Rights

Performance and Discharge

Breach of Contract and Remedies

The Formation of Sales and Lease Contracts

Title, Risk, and Insurable Interest

Performance and Breach of Sales and Lease Contracts

Warranties

International and Space Law

Negotiable Instruments

Transferability and Holder in Due Course

Liability, Defenses, and Discharge

Banking in the Digital Age

Creditors Rights and Remedies

Secured Transactions

Bankruptcy Law

Agency Formation and Duties

Agency Liability and Termination

Employment, Immigration, and Labor Law

Employment Discrimination

Small Businesses and Franchises

All Forms of Partnerships

Limited Liability Companies and Special Business Forms

Corporate Formation and Financing

Corporate Directors, Officers, and Shareholders

Mergers and Takeovers

Investor Protection, Insider Trading, and Corporate Governance

Administrative Agencies

Consumer Law

Environmental Protection

Antitrust Law

Professional Liability and Accountability

Personal Property and Bailments

Real Property and Landlord-Tenant Law

Insurance

Wills and Trusts

The Legal Environment of Business

Torts and Crimes

Contracts and E-Contracts

Domestic and International Sales and Lease Contracts

Negotiable Instruments

Creditors Rights and Bankruptcy

Agency and Employment

Business Organizations

Government Regulation

A certification mark distinguishes products approved, or "certified," by the government.

To succeed in a lawsuit alleging trademark dilution, the plaintiff must prove that consumers are likely to be confused by the unauthorized use of a mark.

A person who buys a copyrighted work cannot sell it to someone else.

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

Theft of confidential data by industrial espionage is a theft of trade secrets.

A patent applicant must demonstrate that an invention is marketable to receive a patent.

An applicant cannot register a trademark on the basis of an intention to use the mark in commerce.

Production techniques are not trade secrets.

Protection of trade secrets extends both to ideas and to their expression.

States do not have trademark statutes.

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