Multiple Choice Questions
1. Thomas’s English muffins wanted to protect the method by which it makes muffins with air
pockets – what it calls "nooks and crannies". What would be the best way to achieve this goal?
(a) Patent
(b) Copyright
(c) Trademark
(d) Trade secret
(e) This method cannot be protected.
Answer: D. Answer It might be able to do so with a patent, but that would expire in 20 years.
2. VitaminWater has become such a success that other companies are also now selling similar (but
not identical) flavored colored water. Some competitors bottle their drinks in a similar bellshaped bottle with a two-toned label that has a horizontal color band. What is the best
infringement claim for VitaminWater to make against these competitors?
(a) Patent
(b) Copyright
(c) Trademark
(d) Trade secret
(e) There is no good claim
Answer: C. A violation of their trade dress
3. Faber-Castell began manufacturing pencils in 1761. Although pencils and erasers had both
existed for some time, not until the 1870s, did the company began putting erasers on the end of its
pencils. The company was sued by an inventor who had previously patented this idea. The case
went to the Supreme Court. Who won the case?
(a) The patent holder because no one had ever put an eraser on a pencil before.
(b) The patent holder because the PTO had approved his patent.
(c) Faber-Castell because the pencil with an eraser was not novel.
(d) Faber-Castell because the pencil with an eraser was not useful.
Answer: C. The court ruled that there was no new result produced by this combination.
Reckendorfer v. Faber, 92 U.S. 347 (S/ Ct. 1875)
4. If you buy a DVD, you have the legal right to:
(a) Watch it as many times as you want and then give it away
(b) Copy it to your computer and then give it to a friend
(c) Copy it to your computer and sell it on eBay
(d) All of the above.
(e) a and b only.
Answer: A.
5. A couple thought up a clever name for an automobile. They wanted to protect this name so that
they could ultimately sell it to a car manufacturer. What would be the best method to obtain this
goal?
(a) Patent
(b) Copyright
(c) Trademark
(d) Trade secret
(e) This name cannot be protected.
Answer: E. They could trademark it if they were going to use the name on a car in interstate
commerce within 6 months. But that was not their plan.