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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.

E) A) and B)
F) A) and C)

Correct Answer

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New Apps Company develops "Browser Lite" software, which speeds the display of graphics on Web sites.Browser "Lite" has the most copyright protection under


A) the Berne Convention.
B) the Paris Convention.
C) the TRIPS Agreement.
D) the Madrid Protocol.

E) All of the above
F) A) and B)

Correct Answer

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Moving Advanced Technology Corporation can not claim a trademark in the phrase "Moving to the Market" if the phrase


A) has a secondary meaning.
B) is descriptive.
C) is generic.
D) is memorable.

E) A) and B)
F) B) and D)

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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.

E) None of the above
F) C) and D)

Correct Answer

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Anyone who writes a book has automatic international copyright protection.

A) True
B) False

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The idea for "On Your Mark," a computer game featuring world-class athletic competition in extreme and unique contests, is protected by


A) copyright law.
B) patent law.
C) trademark law.
D) trade secrets law.

E) All of the above
F) A) and D)

Correct Answer

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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.

E) A) and C)
F) A) and B)

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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.

E) None of the above
F) B) and C)

Correct Answer

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

A) True
B) False

Correct Answer

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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.

E) None of the above
F) B) and D)

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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.

E) A) and B)
F) A) and C)

Correct Answer

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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.

E) All of the above
F) C) and D)

Correct Answer

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

A) True
B) False

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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.

E) B) and C)
F) B) and D)

Correct Answer

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A marketing technique can be a trade secret.

A) True
B) False

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

A) True
B) False

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

A) True
B) False

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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.

E) A) and B)
F) A) and C)

Correct Answer

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Trade names have the same legal protection as trademarks.

A) True
B) False

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

A) True
B) False

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