Q&A Hero

Q: Megan goes to visit her friend Kathleen. While visiting, Megan downloads Kathleen's copy of Photoshop onto her computer's random access memory without Kathleen's permission. Megan is guilty of a. copyright infringement. b. patent infringement. c. cybersquatting. d. trademark dilution.

Q: 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 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.

Q: Joey reproduces Mina's copyrighted work Storm on the Mountain without paying royalties. Joey is most likely excepted from liability for copyright infringement under the "fair use" doctrine if a. Joey copies the entire work. b. Joey distributes the copies without charge to the public. c. Joey's use has no effect on the market for Mina's work. d. Joey's use is for a commercial purpose.

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

Q: Elvin publishes a book titled First Place, which includes a chapter from Frank's copyrighted book Olympic Winners & Losers. Elvin's use of the chapter is actionable provided a. consumers are confused. b. Elvin's use is intentional. c. Elvin's use reproduces Frank's chapter exactly. d. Elvin does not have Frank's permission.

Q: Go! is a handheld video game featuring races between imaginary creatures and vehicles. The graphics used in the game are protected by a. copyright law. b. patent law. c. trademark law. d. trade secrets law.

Q: Sayers is very clever and spends lots of time creating new things. Which of the following is not copyrightable? a. A sculpture of Sayers's dog b. A book about Sayers's business successes c. A movie about Sayers's life d. Sayers's idea for a new way to play the guitar

Q: Riley invents a new valve to cap undersea oil spills. He names the valve "Great Catch." He also writes the installation manual to be included with each valve. Riley can obtain copyright protection for a. the valve. b. the "newness" of the valve. c. the name. d. the installation manual.

Q: Gas Up, Inc., designs, makes, and sells a fuel injection system that copies Hybrid Corporation's design without Hybrid's permission. This is most likely a. copyright infringement. b. patent infringement. c. trademark infringement. d. a theft of trade secrets.

Q: Stormclouds Inc. makes and markets its U.S. patented Tempest Tablet in the United States. Squalls Ltd., a Chinese firm, begins making and marketing the same product in China as Outburst Pad without Stormclouds's permission. Squalls is a. not guilty of patent infringement. b. guilty of patent infringement. c. guilty of trademark infringement. d. in violation of the America Invents Act.

Q: 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 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.

Q: Zoe invents "All for One," new business inventory control software, and applies for a patent. If Zoe is granted a patent, it will protect her product a. for ten years. b. for twenty years. c. for the life of the inventor plus seventy years. d. forever.

Q: 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 a. copyright infringement. b. patent infringement. c. trademark infringement. d. not infringement.

Q: 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 a. novel. b. marketable. c. useful. d. not obvious in light of current technology.

Q: Ric designs a new tablet computer that he names "Sci Phi." He also writes the operating manual to be included with each final product. Ric can obtain patent protection for a. the tablet computer. b. the "newness" of the tablet computer. c. the name. d. the operating manual.

Q: 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. no infringement.

Q: Jeannie runs a dude ranch called J Bar B Dude Ranch and has a Web site called www,jbarbduderanch.com. Ben starts another dude ranch and registers a Web site called www,jbarbduderanch.com. Ben is a. cybersquatting. b. cyberstalking. c. not doing anything illegal. d. counterfeiting.

Q: Mary Kate Corporation allows Ashley Company to use Mary Kate's trademark as part of Ashley's domain name. This is a. a license. b. a likelihood of consumer confusion. c. cybersquatting. d. trademark dilution.

Q: Trevor's operates The Spicy Chocolatier Caf chain of restaurants. "The Spicy Chocolatier Caf" is a a. certification mark. b. collective mark. c. service mark. d. trade name.

Q: Which of the following cannot be registered as a trade name? a. Peach Blossom, Certified Public Accountant b. Apples & Oranges, Investment Partnership c. Banana Republic Clothing, Inc. d. Strawberries

Q: Trek Transport Company uses a mark associated with its name to distinguish its services from those of other trucking firms. This mark is a. a certification mark. b. a collective mark. c. a service mark. d. a trade name.

Q: Wendy works as a weather announcer for a TV station under the character name Weather Wendy. Wendy can register her name as a a. a certification mark. b. a collective mark. c. a service mark. d. a trade name.

Q: 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 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.

Q: 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 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.

Q: In 2012, Online Marketing Corporation registers its trademark as provided by federal law. After the first renewal, this registration a. is renewable every ten years. b. is renewable every twenty years. c. runs for the life of the corporation plus seventy years. d. runs forever.

Q: Li"l Canine Company (LCC) uses a trademark that neither LCC nor anyone else has registered with the government. Under federal trademark law, LCC 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 put off registration until the mark is out of use for six months.

Q: Bubbly Cola features Sparkly Cola's trademark without its owner's permission. Bubbly's use of the mark is actionable provided a. consumers are confused. b. Bubbly's use is intentional. c. Bubbly's use reduces the value of Sparkly's mark. d. Sparkly's mark is registered.

Q: Beans Coffee & Cocoa Company makes and sells a chocolate-flavored coffee drink under the name "CoCoCafe." Darkroast Java, Inc., later markets a similar drink under the name "KoKoKafe." This is most likely a. copyright infringement. b. patent infringement. c. trademark infringement. d. a theft of trade secrets.

Q: Trademarks are protected from use on noncompeting goods by a. the Federal Trademark Dilution Act. b. the America Invents Act. c. the Anticybersquatting Consumer Protection Act. d. the Copyright Act.

Q: Paula develops a new espresso machine that she names "Sure Shot." She also writes an operating manual for the machine. Paula can obtain trademark protection for a. the espresso machine. b. the "newness" of the espresso machine. c. the name "Sure Shot." d. the operating manual.

Q: The TRIPS agreement covers computer programs.

Q: Each member country of the TRIPS agreement must include in its domestic laws intellectual property rights.

Q: Anyone who writes a book has automatic international copyright protection.

Q: Information that is not or cannot be protected under trademark, patent, or copyright law may be protected under the law of trade secrets.

Q: Pricing information is not a trade secret.

Q: A customer list is not a trade secret.

Q: A marketing technique can be a trade secret.

Q: Downloading software or music into a computer's random access memory without authorization is copyright infringement.

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

Q: A copyright owner must place a or an on the work to have the work protected from copyright infringement.

Q: It is possible to copyright an idea.

Q: Copyright protection is automaticregistration is not required.

Q: Foreign firms cannot obtain U.S. patent protection on items that they sell in the United States.

Q: Patent infringement is a tort.

Q: To be patentable, an invention, discovery, or design must be novel, useful and not obvious in light of current technology.

Q: Cybersquatting occurs when a person repeatedly visits a business's website.

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

Q: In cyberspace, trademarks are sometimes called cyber marks.

Q: The owner of intellectual property may put restrictions on the use of the intellectual property in a license agreement.

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

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

Q: Trade names have the same legal protection as trademarks.

Q: It is estimated that over 70 percent of the goods imported to the United States are counterfeit.

Q: A certification mark distinguishes products approved, or "certified," by the government.

Q: A service mark distinguishes products used, or "put into service," by the government.

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

Q: A suggestive use of ordinary words may be trademarked.

Q: A fanciful use of ordinary words may be trademarked.

Q: The states and the federal government provide for the registration of trademarks.

Q: A trademark does not need to be registered to support a trademark infringement action.

Q: A trademark can be diluted by the use of a similar mark.

Q: The 1995 Federal Trademark Dilution Act allowed trademark owners to bring suit in federal court for trademark dilution.

Q: A beverage company that competes with Coca-Cola Company cannot call its products "Koke."

Q: A patent and a copyright are examples of intellectual property, but a trademark is not an example of intellectual property.

Q: The need to protect intellectual property is recognized in the Declaration of Independence.

Q: Louislarger and stronger than Micathreatens to hit Mica before hitting and injuring him. Mica files a suit against Louis for assault and battery. Mica will most likely recover for a. assault and battery. b. assault but not battery. c. battery but not assault. d. neither assault nor battery.

Q: Mary is angry with Julia so she waits outside Julia's house and hits Julia with a baseball bat as Julia leaves the house. When Julia sues Mary for battery, Mary will be considered a a. victim. b. tortfeasor. c. plaintiff. d. unreasonable person.

Q: Ike pushes Joan, who falls and breaks her arm. Ike is liable for the injury a. if Ike intended to push Joan. b. only if Ike did not intend to break Joan's arm. c. only if Ike had a bad motive for pushing Joan. d. only if Ike intended to break Joan's arm.

Q: The Class Action Fairness Act of 2005 a. shifted jurisdiction over certain class-action lawsuits from the state courts to the federal courts. b. shifted jurisdiction over certain class-action lawsuits from the federal courts to the state courts. c. made forum shopping punishable by large fines. d. limited the amount of damages that could be awarded in a medical malpractice suit.

Q: An Internet service provider cannot be held liable for disseminating others' defamatory remarks.

Q: The extreme risk of an activity is a defense against imposing strict liability.

Q: Under a dram shop act, liability can be imposed without proof of negligence.

Q: Under the "danger invites rescue" doctrine, a person who tries to rescue another individual from harm is liable for any injuries to that individual.

Q: Under the doctrine of comparative negligence, only the plaintiff's negligence is taken into consideration.

Q: An assumption of risk defense does not require that a risk be voluntarily assumed.

Q: Self-defense is a defense to negligence.

Q: If no harm results from an allegedly negligent act, there is no liability.

Q: Harm must be foreseeable to be considered the proximate cause of an injury in negligence.

Q: Proximate cause exists when the connection between an act and an injury is strong enough to justify imposing liability.

Q: Some risks are obvious but that does not necessarily excuse a business owner from the duty to protect customers from foreseeable harm.