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Intellectual Property-FAll2011

Page history last edited by abogado 8 years, 11 months ago

QUIZZES-LAW10-FALL2011

 

 

1. Jill develops a new espresso machine, which she names “Quik Shot.” She

also writes the operating manual. Jill can obtain trademark protection

for

a. the espresso machine only.

b. the espresso machine, the name, and the operating manual.

c. the name only.

d. the operating manual only. 

 


2. In The Coca-Cola Co. v. The Koke Co. of America,  when the Koke  Company of America marketed its cola product under the name “Koke,” it infringed the Coca-Cola Company’s

a. copyright.

b. patent.

c. trademark.

d. none of the choices.

 


3. Original, Inc., sells its product under the name “Phido.” Quik Corporation begins to market a similar product under the name “Fido.” This is

a. copyright infringement.

b. patent infringement.

c. trademark infringement.

d. none of the choices.

 


4. 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.

 


5. 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.

 


6. 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.

 


7. 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.

 


8. 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.

 


9. 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.

 


10. Integrity Products, Inc., obtains a patent on a valve. Jiffy-Make Company copies the design. This patent is infringed a. only if Jiffy-Make copies the valve in its entirety.

b. only if Jiffy-Make sells the valve in the market.

c. only if Jiffy-Make copies the valve in its entirety and sells it.

d. regardless of whether the valve is copied in its entirety or sold.

 


11. Fiona invents a new deep-sea fishing net, which she names “Great Catch.” She also writes the operating manual to be included with each net. Fiona could obtain copyright protection for

a. the manual only.

b. the name only.

c. the net only.

d. the manual, the net, and the name.

 


12. 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.

 


13. 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.

 


14. Ellen publishes a book titled First Place, which includes a chapter from Frank’s copyrighted book Great Racecar 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.

 


15. Carol buys Dan’s book, Expedition!, photocopies more than half of it without his permission, and sells the copies without paying him royalties. This is most likely

a. copyright infringement.

b. fair use.

c. licensing.

d. protected expression.

 


16. Blog magazine buys and publishes an article by Cleo. Later, Blog markets a Web site database that contains a compilation of Blog articles, including Cleo’s, without her consent. Blog has most likely committed

a. copyright infringement.

b. patent infringement.

c. theft of trade secrets.

d. trademark infringement.

 


17. The process behind the production of “Fast Pace,” a racing car video game, is protected by

a. copyright law.

b. patent law.

c. trademark law.

d. trade secrets law.

 


18. 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.

 


19. 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.

 


20. Jewel Software, Inc., a U.S. manufacturer, files a suit against Kawa, Ltd., a Japanese software maker, for the infringement of intellectual property rights under Japan’s national laws. Under the TRIPS agreement, Jewel is entitled to receive

a. better treatment than Kawa.

b. the same treatment as Kawa.

c. worse treatment than Kawa.

d. nothing.


 

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