1. Pepsi Cola Company sought to enjoin Pepsee Company of America and other beverage companies from, among other things, using the word Pepsee for their products. Pepsee contended that the Pepsi Cola trademark was a fraudulent representation in that, by use of the Pepsi name, the company represented that their beverage contained an extra amount of energy, or “pep”, from the addition of various illegal chemicals. This claim is substantiated by evidence that such chemicals were used for the first three years of production, but not in the dozens of years of sales since, and Pepsi advertised to the public that no such chemicals were being used. Based on the court’s ruling in Case 8.1, The Coca-Cola Co. v. The Koke Co. of America, the court in this case would most likely rule in favor of
a. Pepsi, because it had a valid trademark.
b. Pepsee, because of Pepsi’s fraudulent misrepresentation.
c. Pepsi, because its product was first on the market.
d. Pepsee, because the court is interested in promoting a free market economy.
2. On National Consumer Company’s (NCC) products, NCC currently uses a trademark that neither NCC nor anyone else has registered with the government. Under federal trademark law, NCC
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 postpone registration until the mark is out of use for six months.
3. In 2005, Digital Equipment Corporation registers its trademark as provided by federal law. This registration provides protection
a. for ten years.
b. for twenty years.
c. for the life of the corporation plus seventy years.
d. forever.
4. Fred’s Good Eats Cafe uses a distinctive decor, layout, menu, and style of service. This restaurant’s image and overall appearance is
a. a certification mark.
b. a collective mark.
c. a service mark.
d. trade dress.
5. Modern Clothing, Inc., and National Denim Corporation use the mark “Made by Members of the U.S. Textile Workers Union” on the tags of their products to indicate the participation of the union in the manufacture. Modern and National 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.
6. Phil invents new Web site design software and applies for a patent. If Phil is granted a patent, his invention will be protected
a. for ten years.
b. for twenty years.
c. for the life of the inventor plus seventy years.
d. forever.
7. Delightful Toys, Inc., makes EZ Goo, a children’s toy. Without Delightful’s consent, Fast Adhesives Company begins to use “ezgoo” as part of the URL for Fast’s Web site. Fast claims that no consumer would confuse the Web site with the toy. Fast has committed
a. copyright infringement.
b. patent infringement.
c. trademark dilution.
d. none of the above.
8. Gamma Corporation allows Kappa Company to use Gamma’s trademark as part of Kappa’s domain name. This is
a. a license.
b. an injunction.
c. dilution.
d. litigious.
9. Delta, Inc., copies Eagle Corporation’s patented invention in its entirety. Delta sells it as its own invention to First Products Company, without Eagle’s permission. Eagle’s patent is infringed by
a. Delta and First.
b. Delta only.
c. First only.
d. neither Delta nor First.
10. Able, Inc., designs and makes a fuel injection system that copies Baker Corporation’s designs without Baker’s permission. This is most likely
a. copyright infringement.
b. patent infringement.
c. service mark infringement.
d. trademark infringement.
11. In 2005, Sara writes Terror at the Track, a novel about racecar driving. Sara does not register the work with the appropriate government office. Under federal copyright law, Sara’s work is protected
a. for ten years.
b. for twenty years.
c. for the life of the author plus seventy years.
d. forever.
12. The graphics used in “Go!,” a handheld computer game featuring racing cars, is protected by
a. copyright law.
b. patent law.
c. trademark law.
d. trade secrets law.
13. Mike copies Nora’s book, One for the Money, to a substantial degree and sells it to Peak Editions, Inc., without Nora’s permission. Peak publishes it under Mike’s name. Nora’s copyright is infringed by
a. Mike only.
b. Peak only.
c. Mike and Peak.
d. none of the above.
14. Rita copies Sam’s book, Two for the Show, in its entirety and sells it to USA Books, Inc., without Sam’s permission. USA publishes it under Rita’s name. Sam’s copyright is infringed by
a. Rita only.
b. USA only.
c. Rita and USA.
d. none of the above.
15. Lex reproduces Mina’s copyrighted work without paying royalties. Lex is most likely excepted from liability for copyright infringement under the “fair use” doctrine if
a. Lex copies the entire work.
b. Lex distributes the copies freely to the public.
c. Lex’s use has no effect on the market for Mina’s work.
d. Lex’s use is for a commercial purpose.
16. Kay and Leo copy and exchange MP3 music files over the Internet without anyone’s permission. With respect to songs owned by Natural Recording Company, this is
a. copyright infringement.
b. fair use.
c. licensing.
d. protected expression.
17. Creative Marketing Corporation (CMC) obtains, and gives its employees, a list of the customers of Dandy Sales, Inc. (DSI), without DSI’s permission. Under the law that applies to trade secrets, CMC’s use of the list is actionable
a. only if CMC and DSI are competitors.
b. only if DSI’s customers are confused.
c. only if CMC and DSI are competitors and DSI’s customers are confused.
d. regardless of whether CMC and DSI are competitors or DSI’s customers are confused.
18. The idea for “On Your Mark,” a computer game featuring racing cars, is protected by
a. copyright law.
b. patent law.
c. trademark law.
d. trade secrets law.
19. ABC Software, Inc., develops the software for a new series of computer games. Under the law that applies to trade secrets, this software is protected in
a. its idea only.
b. its expression only.
c. its idea and its expression.
d. none of the above.
20. Alpha Company develops “Browser Lite,” software to speed the display of graphics on Web sites. Browser Lite has the most copyright protection under
a. the Berne Convention.
b. the Paris Convention
c. the TRIPS Agreement.
d. none of the above.