Question 1

A generic term is not protected under trademark law unless it acquires a secondary meaning.

Accepted Answer

A) True 
 B)False

Question 2

A fanciful use of ordinary words may be trademarked.

Accepted Answer

A) True 
 B)False

Question 3

Billy opens a bicycle shop that sells an innovative new kind of bicycle. He decides to call the bicycles "Bicycles." Billy extensively markets his product, has a high sales volume and becomes well known for selling Bicycles. The term Bicycle

Accepted Answer

A)   is automatically protected against trademark infringement.
B)   receives no protection against trademark infringement.
C)   can be registered as a trademark to obtain protection against trademark infringement.
D)   can be registered as a certification mark.E) A) and B)
F) A) and C)

Question 4

Mace copies Nick's book, Mumbai Monsoon, 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.E) A) and B)
F) A) and D)

Question 5

A copy does not need to be exactly the same as the original to infringe a copyright.

Accepted Answer

A) True 
 B)False

Question 6

The idea for "On Your Mark," a computer game featuring world-class athletic competition in extreme and unique contests, is protected by

Accepted Answer

A)   copyright law.
B)   patent law.
C)   trademark law.
D)   trade secrets law.E) All of the above
F) C) and D)

Question 7

A license permits the use of another's intellectual property for certain limited purposes.

Accepted Answer

A) True 
 B)False

Question 8

Sayers is very clever and spends lots of time creating new things. Which of the following is not copyrightable?

Accepted Answer

A)   A sculpture of Sayers's horse
B)   A book about Sayers's life
C)   A movie about Sayers's life
D)   Sayers's idea for a new way to play the guitarE) B) and C)
F) A) and B)

Question 9

It is possible to copyright an idea.

Accepted Answer

A) True 
 B)False

Question 10

A customer list is not a trade secret.

Accepted Answer

A) True 
 B)False

Question 11

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 that

Accepted Answer

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.E) A) and D)
F) C) and D)

Question 12

Trademarks are protected from use on noncompeting goods by

Accepted Answer

A)   the Federal Trademark Dilution Act.
B)   the America Invents Act.
C)   the Anticybersquatting Consumer Protection Act.
D)   the Copyright Act.E) A) and B)
F) C) and D)

Question 13

Trek Transport Company uses a mark associated with its name to distinguish its services from those of other trucking firms. This mark is

Accepted Answer

A)   a certification mark.
B)   a collective mark.
C)   a service mark.
D)   a trade name.E) None of the above
F) A) and B)

Question 14

In cyberspace, no two businesses can use the same domain name.

Accepted Answer

A) True 
 B)False

Question 15

Pricing information is not a trade secret.

Accepted Answer

A) True 
 B)False

Question 16

A trade name can be protected if it is unusual or fanciful.

Accepted Answer

A) True 
 B)False

Question 17

Sights Unseen, Inc., (SUI)  sells telescopes with distinctively designed lenses and mirrors. Later, without SUI's permission, Telescopes Etc. Corporation begins to sell scopes with identical structures of lenses and mirrors. This is most likely

Accepted Answer

A)   copyright infringement.
B)   patent infringement.
C)   trademark infringement.
D)   not infringement.E) C) and D)
F) B) and D)

Question 18

James buys a copy of the book Downpour. Later, after reading the book, James sells it to his sister. Under the first sale doctrine, James's 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.E) A) and C)
F) A) and B)

Question 19

Ryan invents a pen that digitally "remembers" what is written or drawn with it. To obtain a patent for the pen, Ryan does not have to show that it is

Accepted Answer

A)   novel.
B)   marketable.
C)   useful.
D)   not obvious in light of current technology.E) C) and D)
F) A) and B)

Question 20

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.E) A) and B)
F) All of the above

Exam 5: Intellectual Property and Internet Law

The idea for "On Your Mark," a computer game featuring world-class athletic competition in extreme and unique contests, is protected by

Correct AnswerverifiedShow Answer

A trade name can be protected if it is unusual or fanciful.

Correct AnswerverifiedShow Answer

It is possible to copyright an idea.

Correct AnswerverifiedShow Answer

Billy opens a bicycle shop that sells an innovative new kind of bicycle. He decides to call the bicycles "Bicycles." Billy extensively markets his product, has a high sales volume and becomes well known for selling Bicycles. The term Bicycle

Correct AnswerverifiedShow Answer

A customer list is not a trade secret.

Correct AnswerverifiedShow Answer

A license permits the use of another's intellectual property for certain limited purposes.

Correct AnswerverifiedShow Answer

Trademarks are protected from use on noncompeting goods by

Correct AnswerverifiedShow Answer

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 that

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Pricing information is not a trade secret.

Correct AnswerverifiedShow Answer

Trek Transport Company uses a mark associated with its name to distinguish its services from those of other trucking firms. This mark is

Correct AnswerverifiedShow Answer

A generic term is not protected under trademark law unless it acquires a secondary meaning.

Correct AnswerverifiedShow Answer

Ryan invents a pen that digitally "remembers" what is written or drawn with it. To obtain a patent for the pen, Ryan does not have to show that it is

Correct AnswerverifiedShow Answer

Mace copies Nick's book, Mumbai Monsoon, in its entirety and sells it to Parkland Books, Inc., without Nick's permission. Parkland publishes it under Mace's name. This is

Correct AnswerverifiedShow Answer

Sayers is very clever and spends lots of time creating new things. Which of the following is not copyrightable?

Correct AnswerverifiedShow Answer

In cyberspace, no two businesses can use the same domain name.

Correct AnswerverifiedShow Answer

A fanciful use of ordinary words may be trademarked.

Correct AnswerverifiedShow Answer

James buys a copy of the book Downpour. Later, after reading the book, James sells it to his sister. Under the first sale doctrine, James's sale of the book is

Correct AnswerverifiedShow Answer

A copy does not need to be exactly the same as the original to infringe a copyright.

Correct AnswerverifiedShow Answer

Sights Unseen, Inc., (SUI) sells telescopes with distinctively designed lenses and mirrors. Later, without SUI's permission, Telescopes Etc. Corporation begins to sell scopes with identical structures of lenses and mirrors. This is most likely

Correct AnswerverifiedShow Answer

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