Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key

image

Play button

image

Play button

image

Progress

1/80

Click to flip

80 Cards in this Set

  • Front
  • Back
Starting a sole proprietorship is easier and less costly than starting any other form of business.
True
To establish dilution, an alleged infringer’s use of a “famous” mark must actually reduce the value of the mark.
False
A dilution cause of action requires proof that consumers are likely to be confused by a connection between a trademark and its unauthorized use.
False
A party who unintentionally uses the trademark of another is not li¬able for trademark infringement.
False
An applicant cannot register a trademark on the basis of an intention to use the mark in commerce.
False
A fanciful use of ordinary words may be trademarked.
True
An arbitrary use of ordinary words may not be trademarked.
False
A suggestive use of ordinary words may not be trademarked.
False
The unauthorized use of a “famous” trademark is prohibited only if the unauthorized user competes directly with the owner of the mark.
False
A service mark distinguishes products used by the government.
False
A personal name is protected under trademark law if it acquires a secondary meaning.
True
A collective mark distinguishes products that are likely to be of interest to collectors.
False
A generic term is not protected under trademark law unless it acquires a secondary meaning.
False
The unauthorized use of another’s mark in a domain name is generally permissible because the Internet is vast.
False
Trade dress has the same legal protection as trademarks
True
A patent applicant must demonstrate that an invention is “commercially practicable” to receive a patent
False
A certification mark distinguishes products approved, or “certified,” by the government.
False
In the United States, patent protection is given to the first person to invent a product.
True
A trade name cannot be registered with the federal government if it is also a trademark.
False
A patent cannot be obtained for software.
False
In the United States, a patent is given to the first person to file for it.
False
In determining whether copyright protection should be granted, the cen¬tral issue is the idea that forms the basis for a work.
False
Patent infringement occurs only if an invention is copied in its entirety.
False
Intentionally distributing pirated, copyrighted works is not a crime.
False
In determining whether copyright protection should be granted, the cen¬tral issue is the way in which a particular idea is expressed.
True
In determining whether a copyrighted work is infringed under the “fair use” doctrine, one factor is the effect of the use on the market for the work.
True
It is possible to copyright an idea.
False
A copy must be exactly the same as the original to infringe a copyright.
False
Intentionally distributing pirated, copyrighted works is a crime.
True
Copyright protection extends to the parts of a computer program that can be read by humans.
True
A person can reproduce copyrighted material for purposes such as teaching, including multiple copies for classroom use, without paying royalties.
True
A list of customers is not a trade secret.
False
A formula for a chemical compound can be a trade secret.
True
Pricing information is not a trade secret.
False
Theft of confidential data by industrial espionage is a theft of trade secrets.
True
The theft of trade secrets is not a crime unless a contract is breached.
False
Each member country of the TRIPS agreement must include in its domestic laws broad intellectual property rights.
True
Anyone who writes a book has copyright protection in every country in the world.
False
The TRIPS agreement includes copyright protection for computer programs.
True
A nation that is a party to the TRIPS agreement may discriminate against the foreign owners of intellectual property rights in favor of its own citizens
False
Jill develops a new espresso machine, which she names “Quik Shot.” She also writes the operating manual. Jill can obtain trademark protection for
the name only
Beans Coffee & Cocoa Company makes and sells a chocolate-flavored coffee drink under the name “CoCoCafe.” Darkroast Java, Inc., later markets a similar tasting drink under the name “KoKoKafe.” This is most likely
trademark infringement
In Case 14.1, 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
Trademark
National Consumer Company (NCC) uses a trademark that neither NCC nor anyone else has registered with the government. Under federal trademark law, NCC
can register the mark for protection.
Original, Inc., sells its product under the name “Phido.” Quik Corporation begins to market a similar product under the name “Fido.” This is
trademark infringement
In 2008, Digital Equipment Corporation registers its trademark as pro¬vided by federal law. This registration provides protection
for ten years
Standard Corporation can not claim a trademark in the phrase “Quality Is Standard” if the phrase
is generic
Ernie’s Good Eatin’ Cafe uses a distinctive decor, layout, menu, and style of service. This restaurant’s image and overall appearance is
trade dress
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 certification mark
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 collective mark
USA Transport Company uses a mark associated with its name to distin-guish its services from those of other transport firms. The mark is
a service mark
Delightful Toys, Inc., makes EZ Goo, a children’s toy. Without Delightful’s consent, Fast Adhesives Company begins to use “ezgoo” as part of the URL for Fast’s Web site. Fast claims that no consumer would confuse the Web site with the toy. Fast has committed
trademark dilution
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
trademark infringement
Gamma Corporation allows Kappa Company to use Gamma’s trademark as part of Kappa’s domain name. This is
a license
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
the hard drive only
Phil invents “PhutureNow,” new Web site design software, and applies for a patent. If Phil is granted a patent, his invention will be protected
for twenty years
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
patent infringement
Elementals, Inc., makes computer chips iden¬tical to Flik Quik Corporation’s patented chip, except for slight dif¬fer¬ences in the “look,” without Flik’s permission. This is most likely
patent infringement
Integrity Products, Inc., obtains a patent on a valve. Jiffy-Make Company copies the design. This patent is infringed
regardless of whether the valve is copied in its entirety or sold
Gas Up, Inc., designs and makes a fuel injection system that copies parts of Hybrid Corporation’s designs without Hybrid’s permis¬sion. This is most likely
patent infringement
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
The manual only
In 2008, Sara writes Terror at the Track, a novel about racecar driving. Sara does not register the work with the appropriate government office. Under federal copyright law, Sara’s work is protected
for the life of the author plus seventy years
Cathy uses, on her new recording Drive By, the melody of a song written by Ed, without Ed’s permission. This is
copyright infringement
Mike copies Nora’s book, One for the Money, to a substantial degree and sells it to Peak Editions, Inc., without Nora’s permission. Peak publishes it under Mike’s name. This is
copyright infringement
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
damages, fines, or imprisonment.
Rita copies Sam’s book, Two for the Show, in its entirety and sells it to USA Books, Inc., without Sam’s permission. USA publishes it under Rita’s name. This is
copyright infringement
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
regardless of whether consumers are confused or Ellen and Frank are competitors.
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
Lex’s use has no effect on the market for Mina’s work
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
copyright infringement
The graphics used in “Go!,” a handheld computer game featuring racing cars, is protected by
copyright law
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
copyright infringement
Kay and Leo copy and exchange MP3 music files over the Internet with¬out anyone’s permission. With respect to songs owned by Natural Recording Company, this is
copyright infringement
The process behind the production of “Fast Pace,” a racing car video game, is protected by
trade secrets law
The idea for “On Your Mark,” a computer game featuring racing cars, is protected by
trade secrets law
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
Diamond’s list of clients
Creative Marketing Corporation (CMC) obtains, and gives its employees, a list of the customers of Dandy Sales, Inc. (DSI), without DSI’s permission. Under the law that applies to trade secrets, CMC’s use of the list is actionable
regardless of whether CMC and DSI are competitors or DSI’s customers are confused.
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
all of the signatories of the Berne Convention.
Rockstar Software, Inc., develops the software for a new series of computer games. Under the law that applies to trade secrets, this software is pro¬tected in
its idea and its expression
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
the same treatment as Kawa
Alpha Company develops “Browser Lite,” software to speed the display of graphics on Web sites. Browser Lite has the most copyright protection under
the TRIPS Agreement