Modern clothing inc and national denim corporation

Question

Question 1.1. (TCO 7) Modern Clothing, Inc., and National Denim Corporation use the mark "Made by Members of the U.S. Textile Workers Union" on the tags of their products to indicate the participation of the union in the manufacture. Modern and National are not in business together and do not own this mark. This mark is _____. (Points : 2)

a certification mark

a collective mark

a service mark

trade dress

Question 2.2. (TCO 7) RiteMade Machinery, Inc., designs, makes, and sells a drill press. Steel Equipment Company copies the design without RiteMade's permission. Steel's conduct is actionable provided (Points : 2)

consumers are confused.

Steel's conduct is intentional.

Steel's conduct reduces the value of RiteMade's design.

RiteMade's design is patented.

Question 3.3. (TCO 7) Copy Products, Inc., uses, in its ads, a trademark that is similar, but not identical, to the famous, registered mark of Imitated Goods, Inc. Copy's unauthorized use of the mark constitutes trademark dilution provided _____ (Points : 2)

consumers are confused.

Copy and Imitated are competitors.

Copy's use is intentional.

Copy's use reduces the value of Imitated's mark.

Question 4.4. (TCO 7) Canada and the United States are signatories of the Berne Convention. Doug, a citizen of Canada, publishes a book first in Canada and then in the United States. Doug's copyright must be recognized by _____. (Points : 2)

all of the signatories of the Berne Convention.

Canada and the United States only.

Canada only.

none of the signatories of the Berne Convention.

Question 5.5. (TCO 8) Swinborn sells "Tyger" steroids over the Internet. He is arrested and charged with the sale of a controlled substance. This is cyber crime, which is _____ (Points : 2)

a crime in which the letter "y" is used in the misspelling of a word.

a crime that occurs in the virtual community of the Internet.

a crime that is less real than the same crime in the physical world.

no crime.

Question 6.6. (TCO 8) Harvey puts up a guitar for bids on eWay, a Web auction site. Faith makes the highest bid and sends the payment, which Harvey receives, but he does not send the guitar to her. This is online _____ (Points : 2)

auction fraud.

puffery.

retail fraud.

frustration but not fraud.

Question 7.7. (TCO 8) Michelle gives out a business card with an e-mail address on it. According to the comments that accompany the UETA, it may be reasonable to infer that Michelle has consented to (Points : 2)

transact business electronically.

submit to the jurisdiction of any selected forum.

accept and respond to any correspondence sent to that address.

nothing.

Question 8.8. (TCO 8) Gladstone regularly sends unsolicited commercial e-mail to hundreds of millions of recipients. This e-mail is prohibited or regulated in _____. (Points : 2)

most states

only a few states

no state

California only

Question 9.9. (TCO 8) Houseofcards Finance, Inc., files a financing statement regarding a transaction with Biskuit Company. A valid, enforceable financing statement must contain all of the following, except _____ (Points : 2)

a description of the collateral.

a statement of the purpose of the transaction.

the name of the debtor.

the name of the secured party.

Question 10.10. (TCO 8) Under the UCC Secured Transactions Article, perfection of a security interest by a creditor provides added protection against other parties in the event the debtor does not pay its debts. Which of the following parties is not affected by perfection of a security interest? (Points : 2)

Other prospective creditors of the debtor.

The trustee in a bankruptcy case.

A buyer in the ordinary course of business.

A subsequent personal injury judgment creditor.