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A beverage company that competes with Coca-Cola Company cannot call its products “Koke.”
true
State and federal governments provide for the registration of trademarks.
true
Trademark dilution requires proof that consumers are likely to be confused by the unauthorized use of a mark.
false

the federal trademark dilution act
Trademark dillution laws protect distinctive or famous trademars from certain unauthorized uses even when the use is on noncompeting goods or is unlikely to confuse.
An applicant cannot register a trademark on the basis of an intention to use the mark in commerce.
false

Under current law, a mark can be registered if it is currently in commerce or if the applicant intends to put it into commerce within six months
An arbitrary use of ordinary words may not be trademarked.
false

arbitrary trademarks are those that use common words in an uncommon way that is nondescriptive, such as "dutch boy" as a name for paint, or Xeorx etc.
A personal name is protected under trademark law if it acquires a secondary meaning.
true
A generic term is not protected under trademark law unless it acquires a secondary meaning
false

generic terms refer to an entire class of products, such as bicycle and computer, recieve no protection, even if they acquire secondary meanings.
Trade dress has the same legal protection as trademarks.
true

refers to the image and overall appearance of a product. It is a broad concept and can include either all or part of the total image or overall impression created by a product or its packaging.
A certification mark distinguishes products approved, or “certified,” by the government.
false

is used by one or more persons, other that the owner, to certify the region, materilas, mode of manufacture, quality or other characteristic of specific goods or services.
A trade name cannot be registered with the federal government unless it is also a trademark or a service mark.
true

trade names apply to products. A trade name may be protected as a trademark if the trade name is also the name of the companys trademared product - for exmaple, coca cola. Unless it is also used as a trademark or service mark, a trade name cannot be registered with the federal government.
Patent protection begins on the date that a patent is issued.
false

the firs person to invent a product or process gets the patent rights rather than the first person to file for a patent on that product or process. The period starts on the date the patent application is filed rather than when the patent is issued.
Patent infringement occurs only if an invention is copied in its entirety.
false

If a firms makes, uses, sells another firms patent product
Copyright protection is automatic—registration is not required.
true
copyright: for intangible property
is given automatically for the rest of the authors life + 70 years
It is possible to copyright an idea.
false

its impossible
A person can reproduce copyrighted material for purposes such as teaching, including multiple copies for classroom use, without paying royalties.
true
Exchanging pirated, copyrighted works with oth­ers is not infringement unless money is involved.
false

A marketing technique can be a trade secret.
true

a trade secret is basically information of commercial value. Trade secrets may include customer lists, plans, research and development, pricing information, marketing methods, production techniques, and generally anything that makes and individual company unique and that would have value to a competitor.
International copyright protection is automatic—even in nations that have not signed international agreements relating to intellectual property rights.
false

it only applies to the nations that have signed the agreement
Theft of confidential data by industrial espionage is a theft of trade secrets.
true
International copyright protection exists for computer programs as “intellectual creations.”
true
Pola develops a new espresso machine, which she names “Sure Shot.” She also writes the operating manual. Pola can obtain trademark protection for
a.         the espresso machine.
b.         the “newness” of the espresso machine.
c.         the name.
d.         the operating manual.
c.         the name.
Sincere Forms, Inc., uses, in its ads, a trademark that is similar, but not identical, to the famous, registered mark of Desired Objects, Inc. Sincere’s unauthorized use of the mark constitutes trademark dilution provided
a.         consumers are confused.
b.         Sincere and Desired are competitors.
c.         Sincere’s use is intentional.
d.         Sincere’s use lessens the value of Desired’s mark.
d.         Sincere’s use lessens the value of Desired’s mark.
Standard Corporation can not claim a trademark in the phrase “Quality Is Standard” if the phrase
a.         has a secondary meaning.
b.         is descriptive.
c.         is generic.
d.         is memorable.
c.         is generic.
Excel Goods, Inc., and Finest Products Corporation use the mark “Good Housekeeping Seal of Approval” to certify the quality of their products. Excel and Finest 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.
            a.         a certification mark.   is used by one or more persons, other tha the owne, tocertify the region, materials, mode of manufacture....
USA Transport Company uses a mark associated with its name to distin­guish its services from those of other transport firms. The mark is
a.         a certification mark.
b.         a collective mark.
c.         a service mark.
d.         trade dress.
            c.         a service mark.
 
mark to distinguish services
Trevor’s business is The Spicy Chocolatier Café chain. “The Spicy Chocolatier Café” is
a.         a certification mark
b.         a collective mark.
c.         a service mark.
d.         a trade name.
d.         a trade name.

the term trade name is used to indicate part or all of a business name.
E-Shopping Corporation inserts Fiesta Mall, Inc.’s trademark as a meta tag in E-Shopping’s Web site’s key-words field without Fiesta’s permission in a manner that suggests Fiesta authorized the use. This is
a.         copyright infringement.
b.         patent infringement.
c.         trademark infringement.
d.         none of the choices.
c.         trademark infringement.
Ric designs a new computer hard drive, which he names “Sci Phi.” He also writes the operating manual to be included with each final product. Ric could obtain patent protection for
a.         the hard drive only
b.         the name only.
c.         the operating manual only.
d.         the hard drive, the name, and the operating manual.
            a.         the hard drive only.   patents are for invention demfall für materielli sache
Sights Unseen, Inc., (SUI) sells scopes with distinctively designed and made lenses and mirrors to scientists. Telescopes, Etc. Corporation later begins to sell scopes with identical set-ups of lenses and mirrors, without SUI’s permission, to consumers. This is most likely
a.         copyright infringement.
b.         patent infringement.
c.         trademark infringement.
d.         none of the choices.
b.         patent infringement.

A patent is a grant from the goernment that gives an inventor the right to exclude others from making, using, or selling his or her invention for a period of twenty years from the date of filing the application for a patent.
RiteMade Machinery, Inc., designs, makes, and sells a drill press. Steel Equipment Company copies the design without RiteMade’s permission. Steel’s conduct is actionable provided
a.         consumers are confused.
b.         Steel’s conduct is intentional.
c.         Steel’s conduct reduces the value of RiteMade’s design.
d.         RiteMade’s design is patented.
d.         RiteMade’s design is patented.
Felicia invents a new valve to cap undersea oil spills, which she names “Great Catch.” She also writes the installation manual to be included with each valve. Felicia could obtain copyright protection for
a.         the valve
b.         the “newness” of the valve.
c.         the name.
d.         the installation manual.
d.         the installation manual.
Cathy uses, on her new recording Drive By, the melody of a song written by Ed, without Ed’s permission. This is
a.         copyright infringement.
b.         patent infringement.
c.         trademark infringement.
d.         none of the choices.
a.         copyright infringement.
 
whenever the form or expression of an idea is copied, an infringement of copyright has occurred. The reproduction does not have to be exactly the same as the origninal, nor does it have ot reproduce the original, in its entirety. If a substantial part of the copyright has been reproduced, it is infringed
Donna makes and distributes copies of Every Good Boy Does Fine, a movie copyrighted by Great Films Corporation, without Great Films’ permission. Donna may be liable for
a.         damages, fines, or imprisonment
b.         damages only.
c.         fines or imprisonment only.
d.         nothing.
a.         damages, fines, or imprisonment.
Ellen publishes a book titled First Place, which includes a chapter from Frank’s copyrighted book Great NASCAR Drivers without his permission. Ellen’s use of the chapter is actionable
a.         only if consumers are confused.
b.         only if Ellen and Frank are competitors.
c.         only if consumers are confused and Ellen and Frank are competitors.
d.         regardless of whether consumers are confused or Ellen and Frank are competitors.
d.         regardless of whether consumers are confused or Ellen and Frank are competitors.
Kim uses, on her new recording Let’s Go, the guitar solo from Malcolm’s digital sound recording without his permission. This is
a.         copyright infringement
b.         fair use.
c.         licensing.
d.         protected expression.
a.         copyright infringement.
Rockstar Software, Inc., develops a new series of performance-related video games. The games are most likely pro­tected by
a.         copyright law
b.         patent law.
c.         trademark law.
d.         trade secrets law.
a.         copyright law.
Diamond Financial Planners employs Elle, Diamond’s most productive performer. Elle, however, dissatisfied with the commission structure, quits to work for Feldstar Investments, Inc. Elle takes her list of Diamond clients to induce them to switch to Feldstar. Laws related to trade secrets cover
a.         Diamond’s list of clients.
b.         Elle’s performance methods.
c.         Feldstar’s commission structure.
d.         none of the choices.
a.         Diamond’s list of clients.
The process behind the production of “Numb3rs,” a suite of business accounting and inventory software, is protected by
a.         copyright law.
b.         patent law.
c.         trademark law.
d.         trade secrets law.
            d.         trade secrets law.    
Canada and the United States are signatories of the Berne Convention.  Doug, a citizen of Canada, publishes a book first in Canada and then in the United States. Doug’s copyright must be recognized by
a.         Canada only.
b.         Canada and the United States only.
c.         all of the signatories of the Berne Convention.
d.         none of the choices.
            c.         all of the signatories of the Berne Convention.
Symphony, Inc., a U.S. jewelry designer and maker, files a suit against Kawa, Ltd., a Japanese jewelry maker, for the infringement of intellectual property rights under Japan’s national laws. Under the TRIPS agreement, Symphony is entitled to receive
a.         better treatment than Kawa.
b.         the same treatment as Kawa.
c.         worse treatment than Kawa.
d.         nothing.
            b.         the same treatment as Kawa.
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