D216 Business Law for Accountants Diagnostic –
Questions With A+ Solutions
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Terms in this set (65)
Ace Widget Company created a d. Ace will win because it was the first user and the
product it called the Wizzo brand of second mark was similar enough to cause confusion.
widget, and began selling it around
the nation, but its attorney forgot to
register that trademark. The following
year Barrett Widget Company began
to sell a product it called the Wizzo
widget. Ace sues for infringement of
its trademark. Most likely:
a. Ace will lose because it did not
register the mark.
b. Ace will lose because the two
names are not identical.
c. Both b and c are reasons for Ace to
lose.
d. Ace will win because it was the first
user and the second mark was similar
enough to cause confusion.
,Charlie Corrigan owned a restaurant, c. CCs Chow, because it is more distinctive.
and wanted to choose a good service
mark for his restaurant. Which of these
is the strongest mark?
a. Corrigan's, because it is his own
proper name.
b. Charlie's Place, because it is a more
generic name.
c. CCs Chow, because it is more
distinctive.
d. There is no way to get a service
mark for a restaurant.
Ace Widget Company's "Wizzo" b. In danger of losing protection for that mark as it
widgets become so popular that, over becomes a generic term.
the years, consumers have begun to
call all widgets "wizzos." At times,
other companies have used the name
"wizzo" in their advertising, saying
things like "our products work like
wizzos," but Ace did not seek legal
relief against that advertising as it was
too expensive to do so. Ace is:
a. The owner of a very powerful mark.
b. In danger of losing protection for
that mark as it becomes a generic
term.
b. Lucky that people think of its
product first.
c. Not in danger of losing the mark as
long as they register it.
,David bought a handbag for his wife c. Both a and b.
for her birthday, thinking it was a
Donatello original handbag. In fact, it
was a carefully made copy, down to
the distinctive Donatello markings on
the bag. David reported this copy to
the authorities. The store selling the
copy might:
a. Be required to give restitution to
Donatello for lost profits.
b. Possibly be fined or go to prison.
c. Both a and b.
d. Be required to give David his
money back.
, Edward wrote a book describing a b. Win because he had a common law copyright in
famous battle from the Revolutionary his book and the second book copied his way of
War that was fought in the area where arranging the facts.
he lives. He spent years looking for a
publisher without success. One day,
while in a bookstore, he saw a book
about that very same battle, published
by one of the publishing companies to
which he sent his manuscript. When he
looked at that book, he saw that the
author described the book from the
standpoint of one particular soldier, a
real historical figure. This was exactly
the same technique Edward used.
Edward sues for copyright
infringement. Assume he can prove
that he wrote his book at the time he
claims he wrote it. Edward will likely:
a. Win because he had a common law
copyright in his book and the second
book described the same facts.
b. Win because he had a common law
copyright in his book and the second
book copied his way of arranging the
facts.
c. Lose because he failed to register
his copyright.
Questions With A+ Solutions
Save
Terms in this set (65)
Ace Widget Company created a d. Ace will win because it was the first user and the
product it called the Wizzo brand of second mark was similar enough to cause confusion.
widget, and began selling it around
the nation, but its attorney forgot to
register that trademark. The following
year Barrett Widget Company began
to sell a product it called the Wizzo
widget. Ace sues for infringement of
its trademark. Most likely:
a. Ace will lose because it did not
register the mark.
b. Ace will lose because the two
names are not identical.
c. Both b and c are reasons for Ace to
lose.
d. Ace will win because it was the first
user and the second mark was similar
enough to cause confusion.
,Charlie Corrigan owned a restaurant, c. CCs Chow, because it is more distinctive.
and wanted to choose a good service
mark for his restaurant. Which of these
is the strongest mark?
a. Corrigan's, because it is his own
proper name.
b. Charlie's Place, because it is a more
generic name.
c. CCs Chow, because it is more
distinctive.
d. There is no way to get a service
mark for a restaurant.
Ace Widget Company's "Wizzo" b. In danger of losing protection for that mark as it
widgets become so popular that, over becomes a generic term.
the years, consumers have begun to
call all widgets "wizzos." At times,
other companies have used the name
"wizzo" in their advertising, saying
things like "our products work like
wizzos," but Ace did not seek legal
relief against that advertising as it was
too expensive to do so. Ace is:
a. The owner of a very powerful mark.
b. In danger of losing protection for
that mark as it becomes a generic
term.
b. Lucky that people think of its
product first.
c. Not in danger of losing the mark as
long as they register it.
,David bought a handbag for his wife c. Both a and b.
for her birthday, thinking it was a
Donatello original handbag. In fact, it
was a carefully made copy, down to
the distinctive Donatello markings on
the bag. David reported this copy to
the authorities. The store selling the
copy might:
a. Be required to give restitution to
Donatello for lost profits.
b. Possibly be fined or go to prison.
c. Both a and b.
d. Be required to give David his
money back.
, Edward wrote a book describing a b. Win because he had a common law copyright in
famous battle from the Revolutionary his book and the second book copied his way of
War that was fought in the area where arranging the facts.
he lives. He spent years looking for a
publisher without success. One day,
while in a bookstore, he saw a book
about that very same battle, published
by one of the publishing companies to
which he sent his manuscript. When he
looked at that book, he saw that the
author described the book from the
standpoint of one particular soldier, a
real historical figure. This was exactly
the same technique Edward used.
Edward sues for copyright
infringement. Assume he can prove
that he wrote his book at the time he
claims he wrote it. Edward will likely:
a. Win because he had a common law
copyright in his book and the second
book described the same facts.
b. Win because he had a common law
copyright in his book and the second
book copied his way of arranging the
facts.
c. Lose because he failed to register
his copyright.
