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An individual can circumvent encryption software or other technological antipiracy protection as long as he or she gives notice to the copyright holder beforehand.

A) True
B) False

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Gargantua Equipment Corporation registers its trademark as provided by federal law. This registration gives notice that the mark belongs exclusively to Gargantua. This notice is


A) nationwide.
B) limited to Gargantua's home state.
C) limited to Gargantua's market.
D) limited to those who have actual notice of it.

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

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College Copy Shop (CCS) compiles, copies, and sells reading materials to students on the instructions of their professors, who indicate which parts of certain publications to include. These include texts published by Deep Topics, Inc. CCS does not obtain the permission of Deep Topics, or any of the other original publishers of the copied materials, and does not pay royalties on the sales of the compilations. Deep Topics and others file a suit against CCS, alleging infringement of the plaintiffs' intellectual property rights. Which type of intellectual property is involved in this situation? What is CCS's likely defense? How is a court most likely to rule? Explain.

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The intellectual property at issue in th...

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Engines 4 Sale LLC, an auto broker, uses the trademark of Ford Motor Corporation in a meta tag without Ford's permission. This is


A) cybersquatting.
B) a legitimate business practice.
C) trademark infringement.
D) trademark dilution.

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

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Roman registers a domain name-sweetfriedpotatos.com-that is confusingly similar to the trademark of Sweet Fried Potatoes Inc. Roman has a "bad faith intent" to profit from the mark by selling the domain name to the mark's owner. This is


A) a legitimate business practice.
B) illegal cybersquatting.
C) a bid to obtain a license.
D) trademark dilution.

E) None of the above
F) All of the above

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File-sharing can be used to download others' stored music files without raising copyright issues.

A) True
B) False

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Bette choreographs a dance to accompany City Orchestra's performance of a medley of movie scores. Dian, a dance instructor, distributes copies of a short portion of the choreography to her students. This is most likely


A) copyright infringement.
B) a "fair use."
C) legal only on a payment of royalties to Bette.
D) legal only on a payment of royalties to City Orchestra.

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

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To obtain copyright protection under federal law, a work must be original.

A) True
B) False

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Greg is marketing manager for Home Stuff LLC. Greg is responsible for branding the company's products. Aspects of branding that can be trademarked include


A) a catchy phrase, such as "Stuff your home with Home Stuff!"
B) the shape of a container, even if it does not aid in product identification .
C) use of another party's established trademark, with or without permission.
D) the size and weight of the company's products .

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

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Sea Coast Café uses the trademark of Tacos del Mar without permission. This use of the mark is potentially actionable as trademark infringement


A) if consumers are likely to be confused by a connection between the unauthorized use and the mark.
B) if Tacos del Mar considered its trademark a trade secret.
C) only if the two companies' products are identical .
D) only if the trademark was considered fanciful by the court .

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

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Information must be trademarked, patented, or copyrighted before it is eligible to receive protection as a trade secret.

A) True
B) False

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Paving Corporation taps into the computer network of Roadwork Inc., a competitor, and downloads confidential business data without Roadwork's knowledge or authorization. This is most likely


A) copyright infringement .
B) patent infringement .
C) trademark infringement .
D) a theft of trade secrets.

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

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Information that may be protected as trade secrets includes


A) customer lists .
B) pricing information .
C) marketing techniques .
D) all of the choices .

E) All of the above
F) None of the above

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Constellation Research Inc. uses a mark associated with its name to distinguish its services from those of other tech firms. This mark is


A) a copyright.
B) a trade secret .
C) a service mark .
D) a trade name.

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

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Smart Minds Inc. owns a brain-computer interface that enables physicians to diagnose and treat some diseases quickly and accurately. Federal copyright protection extends to


A) the overall structure, sequence, and organization of the app .
B) the parts of the app that can be read by computers .
C) the parts of the app that can be read by humans .
D) all of the choices .

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

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Organos Ltd. traffics in nutritional supplements that are marketed as genuine, trademark-branded products when in fact they are counterfeit. This is a crime


A) only if the counterfeit products have negative effects on legitimate businesses.
B) only if the counterfeit products present serious public health risks.
C) under all circumstances.
D) under no circumstances.

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

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Without the permission of the copyright owner, Faye copies the literary expression of Game of Thrones , changes the names of the main characters, and publishes the result as her own work. This is


A) copyright infringement.
B) a "fair use."
C) a legitimate creative act.
D) patent infringement.

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

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Without authorization, Omar downloads music into his computer's random access memory, or RAM. This is most likely


A) copyright infringement .
B) trademark infringement .
C) patent infringement.
D) not infringement of intellectual property.

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

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Cybersquatting is legal when the person offering for sale a domain name that is the same as another's trademark intends to profit from the sale.

A) True
B) False

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Brewed Beans Inc. makes and sells "CoCoCafe," a chocolate-flavored coffee. Darkroast Inc. later markets a similar drink under the name "KoKoKafe." This is most likely


A) copyright infringement .
B) patent infringement .
C) trademark infringement .
D) trade secret infringement.

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

Correct Answer

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