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Exam 7: Intellectual Property Rights

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Question 1

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) copyright infringement.
B) a "fair use."
C) a legitimate creative act.
D) none of the choices.

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Question 2

Multiple Choice

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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.

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Question 3

Multiple Choice

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

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

Under the Madrid Protocol, the fees and procedures for trademark registration vary significantly among individual countries.

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

Obtaining a court order to close down the domain name of a website is an effective tool that U.S. officials use to combat online sales of

The United States can prosecute foreign counterfeiters under U.S. law.

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

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 licensor who allows a licensee to use a trademark as part of the licensee's company name must also permit the licensee to use the mark on its products.

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

Berry Good LLC registers its trademark with the U.S. Patent and Trademark Office, and uses it to market a distinctive line of ice cream products. Crabapple Inc. uses the mark without Berry's consent to sell imitation frozen desserts. Berry has a cause of action against

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

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

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

Certain business processes are copyrightable.

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

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

Works that are copyrightable include