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Alpha Corp. creates a syrup that is flavored with coffee and chocolate and sells it under the name MochaMerge. Beta Co. begins to sell a similar product under the name MokaMerge. This is most likely a matter of:
a. trademark infringement.
b. copyright infringement.
c. trade dress infringement.
d. patent infringement.
Amy Mendoza is a local radio personality who goes by the name "Amy in the A.M." on the air. She also uses that label in print ads to help radio listeners distinguish her show from the other morning radio shows in her town. Amy would be most likely to register her name as a:
a. service mark.
b. certification mark.
c. trade name.
d. collective mark.
Buster invents a new camp grill that he names Buster's Burger Blaster. He writes specific instructions about how to use it in a manual that comes with every grill. Buster can obtain a trademark for:
a. the manual only.
b. the grill only.
c. the grill, the name, and the manual.
d. the name only.
The grill, the name, and the manual.
On the Border Mexican restaurants all have the same terra-cotta and turquoise color scheme, with posters of bullfighters and maps of Mexico on the walls. The restaurants also have identical furniture and menus, the wait staff wear similar types of clothing, and the same music plays in the background. The restaurants have a unique ambience, known in legal terms as their:
b. trade dress.
c. trade secret.
d. trade name
Hot Products owns a patent for a fan motor that it uses in ceiling fans. Allied Electric uses a fan motor that is identical to Hot Products' in the air conditioners it manufactures. Allied Electric does not have Hot Products' permission to use the motor. Can Hot Products win a patent infringement case against Allied Electric?
a. Yes, if Allied Electric and Hot Products are competitors.
b. No, unless Hot Products has sold the motor in the marketplace.
c. No, unless consumers are confused.
d. Yes, because Allied Electric infringed on Hot Products' patent.
Yes, because Allied Electric infringed on Hot Products' patent.
In 2014, Mugaba wrote her memoirs, My Life in the Congo. Mugaba did not register a copyright. Under federal copyright law, Mugaba's book:
a. is not protected at all.
b. is protected forever.
c. is protected for her life plus seventy years.
d. is protected for ten years.
Is protected for her life plus seventy years.
Without permission, Sally copies photographs from Isaiah's book Mount Everest: Top of the World and uses them in a new book. Sally's book is about photography not mountains. Sally's use of the photos is:
a. protected under the fair use doctrine.
b. an infringement of Isaiah's copyright only if consumers are confused.
c. an infringement of Isaiah's copyright.
d. protected if Sally and Isaiah are competitors.
An infringement of Isaiah's copyright.
Cason thinks of a new concept for a palm-sized computer notebook. He also thinks of a new, faster process for producing the notebooks. Federal copyright law protects:
a. Cason's concept.
b. neither Cason's concept nor his process.
c. Cason's concept and process.
d. Cason's process.
Neither Cason's concept nor his process.
A&O is the software designer of the most popular video game in the country. A&O decides to develop the game into a series and have its best designer, Laz, head the team of programmers working on the next game. Laz quits and goes to work for GameWare, taking some files for the new game with him. Under trade secret laws, A&O has protection for:
a. only the information contained in the files for the new game.
b. only Laz's ideas concerning the design of the game.
c. the information in the files and Laz's ideas for the game design.
d. none of the information in the files
The information in the files and Laz's ideas for the game design.
Rachel has just finished the business plan for a franchise that she expects will have international appeal. She is concerned about protecting the trade name of the business. Which of the listed answers provides her an avenue for registering a trade name internationally?
a. The Madrid Protocol
b. The Berne Convention
c. The Anti-Counterfeiting Trade Agreement
d. The TRIPS Agreement
The Madrid Protocol
Roger McDonald decides to open up a series of liquor stores in his home state. He calls his chain McDonald's and uses a large, blue, curvy M as his logo. McDonald's Corporation, the famous fast food restaurant chain, wants him to stop using the curvy M, as it resembles McDonald's Corporation's famous golden arches. Assuming that the association with a liquor store would likely harm McDonald's Corporation's reputation, McDonald's Corporation wants to stop Roger from using the blue M. Which statement is true?
a. McDonald's cannot stop him from using the blue M because it is not identical to the golden arches.
b. McDonald's cannot stop him from using the blue M because McDonald's cannot trademark an entire letter of the alphabet.
c. McDonald's can stop him from using the blue M only if there is a substantial likelihood of confusion by consumers.
d. McDonald's can stop him from using the blue M if the similarity between the marks creates an association between them.
McDonald's can stop him from using the blue M if the similarity between the marks creates an association between them.
John invents a new type of automobile-tracking system on January 1 and files a patent application for it on June 30. On March 10, Susan invents a very similar system and files a patent application on March 15. Under the America Invents Act, who holds the valid patent?
a. John because the most recent application is the most valid.
b. Susan because she filed a patent application within ten days of inventing the system.
c. John because he was the first to invent the system.
d. Susan because she filed a patent application first.
Susan because she filed a patent application first.
Carissa writes a novel but does not register a copyright for the novel. Carissa e-mails a copy of the novel to her friend Kevin. Carissa:
a. does not have a valid copyright because she did not register it.
b. has a valid copyright on the novel after Kevin opens the e-mail.
c. has a valid copyright on the novel even though she didn't register it.
d. does not have a valid copyright because novels are not copyrightable
Has a valid copyright on the novel even though she didn't register it.
BKS Incorporated has a research and development (R&D) facility in the Arizona desert. Only authorized persons are allowed in the facility, and all employees and guests must sign a non-disclosure agreement. BKS likely considers the ideas of the people in their R&D division to be:
b. trade secrets.
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