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Salty Snacks Inc.markets a fish-shaped cracker.When Tasty Tidbits Inc.begins to sell a similar product,Salty files a suit against Tasty,alleging infringement and claiming that consumers are likely to be confused.The court will most likely


A) rule in the plaintiff's favor.
B) dismiss the suit.
C) order both parties to redesign their respective products.
D) order both parties to destroy all remaining fish-shaped crackers.

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

Correct Answer

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Without permission,Race Runners Inc.uses a trademark that is similar to the registered mark of Swiftfoot,Inc.This use of the mark constitutes trademark dilution


A) if consumers are confused.
B) all of the choices.
C) only if the two companies' products are similar.
D) if the use diminishes the distinctive quality of the mark.

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

Correct Answer

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O-Ring Corporation allows Piston Company to incorporate O-Ring's patented fuel-injection system into Piston's product.This is


A) a license.
B) copyright infringement.
C) trademark infringement.
D) patent infringement.

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

Correct Answer

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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) C) and D)

Correct Answer

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Prognosis 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 general appearance of the app.
B) the parts of the app that can be read by computers.
C) the command structure of the app.
D) all of the choices.

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

Correct Answer

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

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Phoenix Inc.is a publisher.Phoenix uses a logo featuring a bird rising from a flame to identify its publications.The publications are printed in a unique process that includes a 3-D printer.Phoenix could most likely obtain trademark protection for its


A) logo.
B) publications.
C) printing process.
D) printer.

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

Correct Answer

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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) none of the choices.

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

Correct Answer

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If a creative work is not copyrightable,other intellectual property law will not protect it.

A) True
B) False

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A trademark owner that successfully proves infringement can recover the profits that the infringer wrongfully received from the infringement.

A) True
B) False

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With respect to a patented process,all steps or their equivalent must be copied for infringement to occur.

A) True
B) False

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Predictive Data LLC makes and sells software that enables a business to target its advertising precisely.The company could successfully bring an action for copyright infringement against a competitor who copies


A) the screen displays of the software.
B) the parts of the software that can be read by humans.
C) the menus of the software.
D) any of the choices.

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

Correct Answer

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Pricing information is not a trade secret.

A) True
B) False

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Fanciful trademarks are sometimes considered to be the most distinctive trademarks.

A) True
B) False

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The registration of a copyright is not evidence that the copyright is valid.

A) True
B) False

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Once a manufacturer's trademark is established,another manufacturer may use it without permission.

A) True
B) False

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A trade name is used to indicate all or part of a business's name.

A) True
B) False

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Serena invents a new,unique,long-life battery.A grant from the government that gives Serena the exclusive right to make and sell the battery for a certain period of time is


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

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

Correct Answer

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Chris operates the Devil's Brew chain of coffee stands."Devil's Brew" is


A) none of the choices.
B) a trade secret.
C) a service mark.
D) a trade name.

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

Correct Answer

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The European Union's copyright rules limit the royalty protection for musicians to ten years.

A) True
B) False

Correct Answer

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