Question 1

To succeed in a suit for trademark infringement, the owner must show that the infringer acted intentionally.

Accepted Answer

A) True 
 B)False

Question 2

Sea Coast Café uses the trademark of Tacos del Mar without permission. This use of the mark is actionable as trademark infringement

Accepted Answer

A)   if consumers are confused.
B)   all of the choices.
C)   only if the two companies' products are similar.
D)   if the use diminishes the distinctive quality of the mark.E) All of the above
F) C) and D)

Question 3

An unauthorized reproduction must be exactly the same as the original, and reproduce the original in its entirety, for infringement of copyright to occur.

Accepted Answer

A) True 
 B)False

Question 4

Once a manufacturer's trademark is established, another manufacturer may use it without permission.

Accepted Answer

A) True 
 B)False

Question 5

A trademark owner that successfully proves infringement can recover the profits that the infringer wrongfully received from the infringement.

Accepted Answer

A) True 
 B)False

Question 6

Chris operates the Devil's Brew chain of coffee stands. "Devil's Brew" is

Accepted Answer

A)   none of the choices.
B)   a trade secret.
C)   a service mark.
D)   a trade name.E) B) and C)
F) None of the above

Question 7

Arbitrary and fanciful trademarks are sometimes considered to be the most distinctive trademarks.

Accepted Answer

A) True 
 B)False

Question 8

Like most successful companies, Phones Inc. has trade secrets. The law protects those secrets if the information is

Accepted Answer

A)   not revealed to outside parties.
B)   cataloged by the company as "confidential."
C)   useful and is in fact used by the company.
D)   of value to a competitor.E) A) and C)
F) A) and B)

Question 9

The idea for "Price & Profit," an app that businesses can use to track their revenue, profit, and payroll, is protected by

Accepted Answer

A)   copyright law.
B)   patent law.
C)   none of the choices.
D)   trade secrets law.E) B) and D)
F) All of the above

Question 10

An unusual or fanciful trade name is not protected under trademark law.

Accepted Answer

A) True 
 B)False

Question 11

Certain business processes are patentable.

Accepted Answer

A) True 
 B)False

Question 12

To obtain copyright protection under federal law, a work must be original.

Accepted Answer

A) True 
 B)False

Question 13

Brewed Beans Inc. makes and sells "CoCoCafe," a chocolate-flavored coffee. Darkroast Inc. later markets a similar drink under the name "KoKoKafe." This is most likely

Accepted Answer

A)   copyright infringement.
B)   patent infringement.
C)   trademark infringement.
D)   none of the choices.E) B) and C)
F) A) and D)

Question 14

If a creative work is not copyrightable, other intellectual property law will not protect it.

Accepted Answer

A) True 
 B)False

Question 15

Only the federal government provides for the registration of trademarks.

Accepted Answer

A) True 
 B)False

Question 16

France and the United States are signatories of the Berne Convention. Alain, a citizen of France, publishes a book first in France and then in the United States. Alain's copyright must be recognized by

Accepted Answer

A)   France only.
B)   France and the United States only.
C)   all of the signatories of the Berne Convention.
D)   none of the choices.E) A) and B)
F) None of the above

Question 17

Each member country to the TRIPS agreement must include in its domestic laws broad intellectual property rights and effective remedies for violations.

Accepted Answer

A) True 
 B)False

Question 18

Graphix S.A. traffics in labels that bear counterfeit trademarks. This is a crime

Accepted Answer

A)   only if the labels have negative effects on legitimate businesses.
B)   only if the labels are attached to counterfeit goods.
C)   under all circumstances.
D)   under no circumstances.E) B) and C)
F) A) and B)

Question 19

To be protected under the Copyright Act, a work must be

Accepted Answer

A)   an inseparable idea and expression.
B)   original and fixed in a durable medium.
C)   a concept, principle, or discovery.
D)   none of the choices.E) A) and B)
F) A) and C)

Question 20

Stig creates unique graphic works that feature characters of his own imagination. Copyright protection for Stig's work is

Accepted Answer

A)   not possible.
B)   automatic.
C)   available only on registration with the U.S. Copyright Office.
D)   enforceable only if Stig places a circled "c" on the work.E) A) and B)
F) A) and C)

Exam 7: Intellectual Property Rights

Chris operates the Devil's Brew chain of coffee stands. "Devil's Brew" is

Correct AnswerverifiedShow Answer

Certain business processes are patentable.

Correct AnswerverifiedShow Answer

Each member country to the TRIPS agreement must include in its domestic laws broad intellectual property rights and effective remedies for violations.

Correct AnswerverifiedShow Answer

To succeed in a suit for trademark infringement, the owner must show that the infringer acted intentionally.

Correct AnswerverifiedShow Answer

Once a manufacturer's trademark is established, another manufacturer may use it without permission.

Correct AnswerverifiedShow Answer

Graphix S.A. traffics in labels that bear counterfeit trademarks. This is a crime

Correct AnswerverifiedShow Answer

Arbitrary and fanciful trademarks are sometimes considered to be the most distinctive trademarks.

Correct AnswerverifiedShow Answer

To obtain copyright protection under federal law, a work must be original.

Correct AnswerverifiedShow Answer

Like most successful companies, Phones Inc. has trade secrets. The law protects those secrets if the information is

Correct AnswerverifiedShow Answer

A trademark owner that successfully proves infringement can recover the profits that the infringer wrongfully received from the infringement.

Correct AnswerverifiedShow Answer

An unusual or fanciful trade name is not protected under trademark law.

Correct AnswerverifiedShow Answer

To be protected under the Copyright Act, a work must be

Correct AnswerverifiedShow Answer

Only the federal government provides for the registration of trademarks.

Correct AnswerverifiedShow Answer

Sea Coast Café uses the trademark of Tacos del Mar without permission. This use of the mark is actionable as trademark infringement

Correct AnswerverifiedShow Answer

Brewed Beans Inc. makes and sells "CoCoCafe," a chocolate-flavored coffee. Darkroast Inc. later markets a similar drink under the name "KoKoKafe." This is most likely

Correct AnswerverifiedShow Answer

An unauthorized reproduction must be exactly the same as the original, and reproduce the original in its entirety, for infringement of copyright to occur.

Correct AnswerverifiedShow Answer

The idea for "Price & Profit," an app that businesses can use to track their revenue, profit, and payroll, is protected by

Correct AnswerverifiedShow Answer

If a creative work is not copyrightable, other intellectual property law will not protect it.

Correct AnswerverifiedShow Answer

Stig creates unique graphic works that feature characters of his own imagination. Copyright protection for Stig's work is

Correct AnswerverifiedShow Answer

France and the United States are signatories of the Berne Convention. Alain, a citizen of France, publishes a book first in France and then in the United States. Alain's copyright must be recognized by

Correct AnswerverifiedShow Answer

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