Business Law Ch 8 Part II: Question Preview (ID: 22915)

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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 name
b) the espresso machine
c) the newness of the espresso machine
d) the operating manual

Standard Corporation can NOT claim a trademark in the phrase Quality is Standard if the phrase
a) is generic
b) has a secondary meaning
c) is descriptive
d) is memorable

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 certification mark
b) a collective mark
c) a service mark
d) trade dress

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 service mark
b) a certification mark
c) a collective ark
d) trade dress

Trevor's business is The Spicy Chocolatier Cafe chain. The Spicy Chocolatier Cafe is
a) a trade name
b) a certification mark
c) a collective mark
d) a service mark

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) trademark infringement
b) none of the choices
c) copyright infringement
d) patent infringement

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) patent infringement
b) copyright infringement
c) trademark infringement
d) none of the choices

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

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) damages, fines, or imprionment
b) damages only
c) fines or imprisonment only
d) nothing

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
c) only if Ellen and Fran are competitors
d) only if consumers are confused and Ellen and Frank are competitors

Kim uses, on her new recording Let's Go, the guitar solo from Malcolm's digital sound recording without his permission. This is
a) copyright law
b) patent law
c) trademark law
d) trade secrets law

The process behind the production of Numb3rs, a suite of business accounting and inventory software, is protected by
a) trade secrets law
b) copyright law
c) patent law
d) trademark law

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

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) better treatment than Kawa
c) worse treatment than Kawa
d) nothing

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