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Exam 8: Intellectual Property Rights

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Question 21

Multiple Choice

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

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

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Question 22

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Some business processes can be protected as trade secrets.

A) True
B) False

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Question 23

Multiple Choice

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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 descriptive term is protected under trademark law if it acquires a secondary meaning.

Tapping into a competitor's computer to obtain confidential business data is not a theft of trade secrets.

Ruby invents a new type of pillow and obtains a patent for it.Sleep-Time Inc.believes that Ruby's pillow infringes on one of Sleep-Time's previously patented products.Sleep-Time must file a challenge to Ruby's patent within

Apex Electrical Inc.agrees to allow Apex Foundations LLC to use the owner's trademark "Apex" as part of its company name but not otherwise.The domain name apex.com can be used online by

Graphix S.A.traffics in labels that bear counterfeit trademarks.This is a crime

Leigh buys Masters of Business,a copyrighted book.Under the first sale doctrine,Leigh can legally

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

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

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

Works that are copyrightable include product packaging.

After a patent is issued,there is a nine-month limit before it can be challenged.

Don One decides to use his personal name for a line of clothing he is developing.In this circumstance,Don One will receive trademark protection under the law when

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

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.

A copyright owner who sells a copy of a work retains the right to control the further distribution of that copy.

The need to protect intellectual property is recognized in the U.S.Constitution.

A license that limits the uses of a patent by the licensee is unlawful.