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Exam 8: Intellectual Property Rights

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Question 1

Multiple Choice

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Go! is a handheld video game featuring races between imaginary creatures and vehicles.The graphics used in the game are protected by

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

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

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Question 2

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Patent infringement is a tort.

A) True
B) False

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Question 3

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The TRIPS agreement established standards for the international protection of intellectual property rights for computer programs.

RiteMade Machinery, Inc., designs, makes, and sells a drill press.Steel Equipment Company copies the design without RiteMade's permission.Steel's conduct is actionable provided that

A generic term is not protected under trademark law unless it acquires a secondary meaning.

Gas Up, Inc., designs, makes, and sells a fuel injection system that copies Hybrid Corporation's design without Hybrid's permission.This is most likely

The states and the federal government provide for the registration of trademarks.

A trademark does not need to be registered to support a trademark infringement action.

Ross, an employee at Super Snowboard Company, is laid off.Before he exits Super's building, he e-mails the company's marketing campaign to Winter Sports Corporation, Super's competitor, without permission.This is

Billy opens a bicycle shop that sells an innovative new kind of bicycle.He decides to call the bicycles "Bicycles." Billy extensively markets his product, has a high sales volume and becomes well known for selling Bicycles.The term Bicycle

From Southeast Asia, Tai Ltd.exports genuine trademarked goods to the United States.Tai also makes labels and packaging bearing another firm's trademark, ships the labels to another location, and then affixes them to an inferior product to deceive buyers.Tai sells these goods to retailers who are unaware that the marks are counterfeit.Under the Stop Counterfeiting in Manufactured Goods Act, it is a crime to

Joey reproduces Mina's copyrighted work Storm on the Mountain without paying royalties.Joey is most likely excepted from liability for copyright infringement under the "fair use" doctrine if

In 2003, Hawk Corporation begins making and selling electric motorcycles under the mark "Hawk." Ten years later, Hawk.com, Inc., a different company selling medical equipment and supplies, begins to use "hawk" as part of its URL and registers it as a domain name.Can Hawk Corporation stop Hawk.com's use of "hawk"? If so, what must the motorcycle-maker show?

Zoe invents "All for One," new business inventory control software, and applies for a patent.If Zoe is granted a patent, it will protect her product

Pricing information is not a trade secret.

The TRIPS agreement covers computer programs.

To be patentable, an invention, discovery, or design must be novel, useful and not obvious in light of current technology.

Caramello Chip & Cookie Corporation (4C) obtains, and gives its employees, a list of the customers of Sugar & Spice Sales, Inc.(3S) .Under the law that applies to trade secrets, 4C's conduct is actionable provided

A service mark distinguishes products used, or "put into service," by the government.

A customer list is not a trade secret.