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Reference no: EM13648712

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. trade secret.

3. In 2007, 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. Copy Products, Inc., uses, in its ads, a trademark that is similar, but not identical, to a distinctive mark used by Durable Goods, Inc. Copy's use of the mark is actionable

a. only if consumers are confused.
b. only if Copy and Durable are competitors.
c. only if consumers are confused and Copy and Durable are competitors.
d. regardless of whether consumers are confused or Copy and Durable are competitors.

5. Original, Inc., sells its product under the name "Phido." Quik Corporation begins to market an identical product under the name "Fido." This is

a. copyright infringement.
b. patent infringement.
c. trademark infringement.
d. none of the above.
6. AAA Cola features Best Cola's trademark without its owner's permission. Cartel Company does not make or bottle AAA Cola, but distributes and sells it. Dian buys a bottle of AAA Cola. The mark has been infringed by

a. AAA.
b. Best.
c. Dian.
d. none of the above.

7. 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.

8. 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.

9. 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.


10. Finest Products Company and Great Goods, Inc., use the mark "Good Housekeeping Seal of Approval" to certify the quality of their products. Finest and Great 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.
11. Carol buys Dan's book, Expedition! and photocopies more than half of it without his permission, then sells the copies without paying him royalties. This is

a. copyright infringement.
b. fair use.
c. licensing.
d. protected expression.

12. 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.

13. 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.

14. 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 committed

a. copyright infringement.
b. patent infringement.
c. theft of trade secrets.
d. trademark infringement.

15. Abby and Ben copy and exchange MP3 music files over the Internet without anyone's permission. With respect to songs owned by Charter Recording Company, this is

a. copyright infringement.
b. fair use.
c. licensing.
d. protected expression.

16. The process behind the production of "Fast Pace," a racecar video game, is protected by

a. copyright law.
b. patent law.
c. trademark law.
d. trade secrets law.

17. 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.

18. Peak Corporation hacks into Quality Data Company's computers and downloads confidential business data. There is no contract between Peak and Quality regarding the data. This is

a. patent infringement .
b. trademark infringement.
c. trade secrets theft.
d. none of the above.

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. all of the signatories of the Berne Convention.
b. Canada and the United States only.
c. Canada only.
d. none of the signatories of the Berne Convention.

20. Jiffy 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, Jiffy is entitled to receive

a. better treatment than Kawa.
b. the same treatment as Kawa.
c. worse treatment than Kawa.
d. nothing.

Reference no: EM13648712

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