Cola Co. manufactures, markets, sells, and distributes non-alcoholic potables such as Lemcaa and Thunder Up under its brand name Cola and uses green and red logo. Mola Co., a new company, starts manufacturing, marketing, selling, and distributing non-alcoholic potables like Lumca and Cloud Up under its brand name Mola and uses green and red logo.
Which of the following violations has been committed by Mola Co.?
- Copyright infringement
- Trademark infringement
- Patent law
- Plagiarism
Answer(s): B
Explanation:
Trademark infringement is a violation of the exclusive rights attaching to a trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the license). Infringement may occur when one party, the 'infringer', uses a trademark that is identical or confusingly similar to a trademark owned by another party, in relation to products or services that are identical or similar to the products or services that the registration covers. An owner of a trademark may commence legal proceedings against a party that infringes its registration.
Answer option C is incorrect. Patent laws are used to protect the duplication of software. Software patents cover the algorithms and techniques that are used in creating the software. It does not cover the entire program of the software. Patents give the author the right to
make and sell his product. The time of the patent of a product is limited though, i.e., the author of the product has the right to use the patent for only a specific length of time.
Answer option A is incorrect. Copyright infringement, also known as copyright violation, is the use of material which is covered by copyright law, in a way that violates one of the original copyright owner's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works that build upon it. The slang term bootleg (from the use of boots to smuggle items) is often used to describe illegally copied material. For media such as movies and music, unauthorized copying and distribution is occasionally called piracy or theft.
Answer option D is incorrect. Plagiarism is defined as the "use or close imitation of the language and thoughts of another author and the representation of them as one's own original work." While plagiarism in scholarship and journalism has a centuries-old history, the development of the Internet, where articles appear as electronic text, has made the physical act of copying the work of others much easier. Plagiarism is not copyright infringement.
While both terms may apply to a particular act, they are different transgressions. Copyright infringement is a violation of the rights of a copyright holder, when material protected by copyright is used without consent. On the other hand, plagiarism is concerned with the unearned increment to the plagiarizing author's reputation that is achieved through false claims of authorship.