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Business Law Ch 8 Part II
Test Description: Good Luck!
Instructions: Answer all questions to get your test result.
1) Pola develops a new espresso machine, which she names Sure Shot. She also writes the operating manual. Pola can obtain trademark protection for
A
the operating manual
B
the name
C
the newness of the espresso machine
D
the espresso machine
2) Standard Corporation can NOT claim a trademark in the phrase Quality is Standard if the phrase
A
is memorable
B
is descriptive
C
is generic
D
has a secondary meaning
3) 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
a collective mark
B
trade dress
C
a service mark
D
a certification mark
4) USA Transport Company uses a mark associated with its name to distinguish its services from those of other transport firms. The mark is
A
trade dress
B
a collective ark
C
a certification mark
D
a service mark
5) Trevor's business is The Spicy Chocolatier Cafe chain. The Spicy Chocolatier Cafe is
A
a service mark
B
a collective mark
C
a certification mark
D
a trade name
6) 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
patent infringement
B
none of the choices
C
copyright infringement
D
trademark infringement
7) Sights Unseen, Inc. sells scopes with distinctively designed and made lenses and mirrors to scientists. Telescopes, Etc. Co. later begins to sell scopes with identical set-ups of lenses and mirrors, without SUI's permission. This is most likely
A
copyright infringement
B
patent infringement
C
none of the choices
D
trademark infringement
8) Cathy uses, on her new recording Drive By, the melody of a song written by Ed, without Ed's permission. This is
A
copyright infringement
B
patent infringement
C
trademark infringement
D
none of the above
9) Donna makes and distributes copies of Every Good Boy Does Fine, a movie copyrighted by Great Films, without Great Films' permission. Donna may be liable for
A
nothing
B
damages only
C
fines or imprisonment only
D
damages, fines, or imprionment
10) Ellen publishes a book titled First Place, which includes a chapter from Frank's copyrighted book Great Nascar Drivers without his permission. Ellen's use of the chapter is actionable
A
regardless of whether consumers are confused or Ellen and Frank are competitors
B
only if consumers are confused and Ellen and Frank are competitors
C
only if Ellen and Fran are competitors
D
only if consumers are confused
11) Kim uses, on her new recording Let's Go, the guitar solo from Malcolm's digital sound recording without his permission. This is
A
trademark law
B
patent law
C
trade secrets law
D
copyright law
12) The process behind the production of Numb3rs, a suite of business accounting and inventory software, is protected by
A
trademark law
B
trade secrets law
C
patent law
D
copyright law
13) Canada and the United States are signatories of the Berne Convention. Dough, a citizen of Canada, publishes a book first in Canada and then in the United States. Dough's copyright must be recognized by
A
Canada only
B
Canada and the United States only
C
none of the choices
D
all of the signatories of the Berne Convention
14) Symphony, Inc., a U.S. jewelry designer and maker, files a suit against Kawa, Ltd., a Japanese jewelry maker, for the infringement of intellectual property rights under Japan's national laws. Under the TRIPS agreement, Symphony is entitled to receive
A
the same treatment as Kawa
B
worse treatment than Kawa
C
nothing
D
better treatment than Kawa
*select an answer for all questions
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