Question 1

Tosucceed 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  False

Question 2

Copyright protection is automatic-registration is not required.

Accepted Answer

A) True 
 B)False  True

Question 3

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

Accepted Answer

A) True 
 B)False  True

Question 4

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

Accepted Answer

A) True 
 B)False

Question 5

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)  licensing. 
D)  protected expression. 
A)  copyright infringement. 
B)  fair use. 
C)  licensing. 
D)  protected expression.

Question 6

Bubbly Cola features Sparkly Cola’s trademark without its owner’s permission. Bubbly’s use of the mark is actionable provided

Accepted Answer

A) consumers are confused. 
B) Bubbly’s use is intentional. 
C) Bubbly’s use reduces the value of Sparkly’s mark. 
D) Sparkly’s mark is registered. 
A) consumers are confused. 
B) Bubbly’s use is intentional. 
C) Bubbly’s use reduces the value of Sparkly’s mark. 
D) Sparkly’s mark is registered.

Question 7

Production techniques are not trade secrets.

Accepted Answer

A) True 
 B)False

Question 8

A patent applicant must demonstrate that an invention is "commercially practicable" to receive a patent.

Accepted Answer

A) True 
 B)False

Question 9

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 10

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

Question 11

It is not possible to copyright an idea.

Accepted Answer

A) True 
 B)False

Question 12

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

Accepted Answer

A) True 
 B)False

Question 13

A service mark distinguishes products used by those in public service.

Accepted Answer

A) True 
 B)False

Question 14

Li'l Canine Company (LCC) uses a trademark that neither LCC nor anyone else has registered with the government. Under federal trademark law, LCC

Accepted Answer

A)  can register the mark for protection. 
B)  cannot register a mark that has been used in commerce. 
C)  has committed trademark infringement. 
D)  must put off registration until the mark is out of use for six months. 
A)  can register the mark for protection. 
B)  cannot register a mark that has been used in commerce. 
C)  has committed trademark infringement. 
D)  must put off registration until the mark is out of use for six months.

Question 15

John Jones decides to use his personal name for a line of clothing he is developing. Whether or not the name John Jones acquires a secondary meaning will depend on

Accepted Answer

A)  how extensively John markets his line of clothing. 
B)  the market for John's line of clothing. 
C)  the number of clothing sales John makes. 
D)  all of the choices are correct. 
A)  how extensively John markets his line of clothing. 
B)  the market for John's line of clothing. 
C)  the number of clothing sales John makes. 
D)  all of the choices are correct.

Question 16

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

Accepted Answer

A) True 
 B)False

Question 17

All aspects of software are protected by copyright law.

Accepted Answer

A) True 
 B)False

Question 18

Gas Up, Inc., designs, makes, and sells a fuel injection system that copies Hybrid Corporation's design without Hybrid's permis-sion. 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 19

States do not have trademark statutes.

Accepted Answer

A) True 
 B)False

Question 20

Creation Worx, Inc., develops, makes, and markets new computer programs for businesses and consumers. Generally, copyright protection extends to

Accepted Answer

A)  all aspects of the software. 
B)  the "look and feel" of the software. 
C)  those parts of the software that can be read by humans. 
D)  all of the choices. 
A)  all aspects of the software. 
B)  the "look and feel" of the software. 
C)  those parts of the software that can be read by humans. 
D)  all of the choices.

Exam 6: Intellectual Property Rights

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

Copyright protection is automatic-registration is not required.

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

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

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

Bubbly Cola features Sparkly Cola’s trademark without its owner’s permission. Bubbly’s use of the mark is actionable provided

Production techniques are not trade secrets.

A patent applicant must demonstrate that an invention is "commercially practicable" to receive a patent.

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

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

It is not possible to copyright an idea.

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

A service mark distinguishes products used by those in public service.

Li'l Canine Company (LCC) uses a trademark that neither LCC nor anyone else has registered with the government. Under federal trademark law, LCC

John Jones decides to use his personal name for a line of clothing he is developing. Whether or not the name John Jones acquires a secondary meaning will depend on

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

All aspects of software are protected by copyright law.

Gas Up, Inc., designs, makes, and sells a fuel injection system that copies Hybrid Corporation's design without Hybrid's permis-sion. This is most likely

States do not have trademark statutes.

Creation Worx, Inc., develops, makes, and markets new computer programs for businesses and consumers. Generally, copyright protection extends to

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