Question 1

Bisha created a new recipe for a sandwich spread and applied for a patent to protect her trade secret.She is likely to receive this patent.

Accepted Answer

A) True 
 B)False  False

Question 2

Explain what a trademark is and list the four different types of "marks" that can be protected under trademark law.Explain how each mark is used.

Accepted Answer

A trademark is any combination of words and symbols that a business uses to identify its products and services and distinguish them from others.Trademarks are important to both businesses and consumers.Often,the terms "trademark" or "mark" are used to refer to both trademarks and service marks.Technically,though,a trademark is affixed to goods in interstate commerce A service mark identifies services,not products.For example,Burger King is a service mark.Certification marks are words or symbols used by a person or organization to verify that certain products or services produced by others meet certain standards.An example of a certification mark would be the Good Housekeeping Seal of Approval.A collective mark is used to identify a group,such as the Rotary or Boy Scouts.

Question 3

There are five categories of distinctive marks.Which is NOT one of them?

Accepted Answer

A) fanciful marks 
B) arbitrary marks 
C) generic marks 
D) marks with secondary meaning 
A) fanciful marks 
B) arbitrary marks 
C) generic marks 
D) marks with secondary meaning C

Question 4

A college professor copies seven chapters from a book called "How to Get Better Grades-A Creative Approach to College Success!" There are ten chapters in the book.She incorporates this material into a packet of material that is printed in her college's copy center.The packet is then placed in the local book store and is placed on the required materials list for students to purchase.The author of the book on getting better grades believes the professor has violated his copyright.

Accepted Answer

A) The author is right.The professor should not have copied the chapters and placed them for sale in the bookstore. 
B) The author is technically correct. However, even though an infringement occurred, he cannot sue the professor since educational personnel are exempt from liability under copyright law. 
C) The author is not correct. Under the "fair use doctrine" a college professor can copy material and distribute it to students for educational purposes. 
D) The author is not correct. It does not appear that the professor actually made any money from the alleged copyright infringement. 
A) The author is right.The professor should not have copied the chapters and placed them for sale in the bookstore. 
B) The author is technically correct. However, even though an infringement occurred, he cannot sue the professor since educational personnel are exempt from liability under copyright law. 
C) The author is not correct. Under the "fair use doctrine" a college professor can copy material and distribute it to students for educational purposes. 
D) The author is not correct. It does not appear that the professor actually made any money from the alleged copyright infringement.

Question 5

Intellectual property is

Accepted Answer

A) protected in the same way as land. 
B) exclusive. 
C) expensive to produce but cheap to reproduce and transmit. 
D) expensive to produce, copy, and transmit. 
A) protected in the same way as land. 
B) exclusive. 
C) expensive to produce but cheap to reproduce and transmit. 
D) expensive to produce, copy, and transmit.

Question 6

The Good Housekeeping Seal of Approval is an example of a

Accepted Answer

A) trademark. 
B) service mark. 
C) collective mark. 
D) certification mark. 
A) trademark. 
B) service mark. 
C) collective mark. 
D) certification mark.

Question 7

Richard wrote a song called "College Days." He copyrighted the composition and had it professionally printed.A couple years later he was attending a business meeting about 1500 miles from his home.While sitting in a nightclub,he heard a small local band perform a song called "College Memories." The music and words were extremely similar to his song.The composer of "College Memories" claims he never heard of Richard's song and that she is offended he would accuse her of stealing his work.If Richard wishes to sue for copyright infringement,he must prove

Accepted Answer

A) only that his song and the infringer's song are substantially the same. 
B) that his work was original, and the infringer actually copied his work or that the infringer had access to his song and that the two works are substantially the same. 
C) that he sustained money damages as a result of the infringement. 
D) that he registered the song for a copyright. 
A) only that his song and the infringer's song are substantially the same. 
B) that his work was original, and the infringer actually copied his work or that the infringer had access to his song and that the two works are substantially the same. 
C) that he sustained money damages as a result of the infringement. 
D) that he registered the song for a copyright.

Question 8

Briefly define patent,copyright,and trademark,and explain how long they last.

Accepted Answer

Patent - Patent is a federal righ

Question 9

The Supreme Court has held that parody of copyrighted material is a violation of copyright law.

Accepted Answer

A) True 
 B)False

Question 10

A copyright is valid for 28 years after it is obtained and can be renewed for another 28 years.

Accepted Answer

A) True 
 B)False

Question 11

Ernest invents a novel,useful,nonobvious product.He

Accepted Answer

A) must apply for a patent within one year of selling the product commercially. 
B) is entitled to a patent over someone else who invents the same product if he is the first to invent it. 
C) may receive patent protection for two years by filing a simpler, shorter, cheaper provisional patent application while he is working on his complex, regular patent application. 
D) may sell his product for up to five years to see how well it sells before going through the complex process of filing a patent application with the PTO Office. 
A) must apply for a patent within one year of selling the product commercially. 
B) is entitled to a patent over someone else who invents the same product if he is the first to invent it. 
C) may receive patent protection for two years by filing a simpler, shorter, cheaper provisional patent application while he is working on his complex, regular patent application. 
D) may sell his product for up to five years to see how well it sells before going through the complex process of filing a patent application with the PTO Office.

Question 12

In order for a copyright holder to collect money damages from a person who used copyrighted material,it must be proven that

Accepted Answer

A) the infringement was intentional. 
B) the copyright holder sustained more than $500 in actual damages. 
C) the copyrighted material contained the copyright symbol, name of the copyright holder, and the year of copyright. 
D) the infringer actually copied the work. 
A) the infringement was intentional. 
B) the copyright holder sustained more than $500 in actual damages. 
C) the copyrighted material contained the copyright symbol, name of the copyright holder, and the year of copyright. 
D) the infringer actually copied the work.

Question 13

Unlike with patents,the ideas underlying copyrighted material need not be novel.

Accepted Answer

A) True 
 B)False

Question 14

Rick wrote a song entitled "Wonderful." At the bottom of the first page of music he wrote "1990 by Rick Reed." Four months later a local band was playing his song at a bar.Rick felt that the bar was an inappropriate setting for his music.What is his remedy?

Accepted Answer

Musical works are protected by the Copyr

Question 15

Monic,a college professor,makes 30 photocopies of a magazine article and passes the article out to her students.The students are assigned to read the article and write an opinion paper about it.Has Monic violated copyright law?

Accepted Answer

A) Yes.Though the author will probably not enforce his or her rights under this situation, Monic has technically violated federal copyright law. 
B) Yes. Though educators have a right under the "fair use doctrine" to make limited use of copyrighted materials, Monic violated the law when she made photocopies of an entire article and distributed them to her students. 
C) No. Monic has acted within the fair use doctrine. 
D) No, as up to 50 photocopies of articles are always permissible. 
A) Yes.Though the author will probably not enforce his or her rights under this situation, Monic has technically violated federal copyright law. 
B) Yes. Though educators have a right under the "fair use doctrine" to make limited use of copyrighted materials, Monic violated the law when she made photocopies of an entire article and distributed them to her students. 
C) No. Monic has acted within the fair use doctrine. 
D) No, as up to 50 photocopies of articles are always permissible.

Question 16

Which of the following is correct?

Accepted Answer

A) A copyright can be renewed once it expires. 
B) A patent can be renewed once it expires. 
C) A trademark can be renewed as long as the mark is still in use. 
D) Copyrights, patents and trademarks are not renewable. 
A) A copyright can be renewed once it expires. 
B) A patent can be renewed once it expires. 
C) A trademark can be renewed as long as the mark is still in use. 
D) Copyrights, patents and trademarks are not renewable.

Question 17

If Cub Cadet wins a trademark infringement suit by proving the defendant's trademark,Kub Kadet,is likely to deceive customers about who made the goods,Cub Cadet is entitled to

Accepted Answer

A) up to twice the actual damages. 
B) an injunction to prevent further infringement. 
C) any profits Kub Kadet makes on its infringing product going forward. 
D) a public apology. 
A) up to twice the actual damages. 
B) an injunction to prevent further infringement. 
C) any profits Kub Kadet makes on its infringing product going forward. 
D) a public apology.

Question 18

Victoria registered a trademark under the Lanham Act.Six years later Don noticed Victoria's trademark and filed a lawsuit to enjoin her from using it because he had used it in his home state,even though he hadn't registered it.Will Don prevail?

Accepted Answer

A) Yes.Victoria should have conducted a better search of trademarks registered under state laws. 
B) Yes. Federal law specifically states a federal trademark is not valid for any lawful owner of the same mark under state law. 
C) No. Don will not prevail and Victoria can continue to use the mark because of the time involved. 
D) No. But Don can register the mark after it has been 10 years since Victoria registered it because Victoria cannot renew it. 
A) Yes.Victoria should have conducted a better search of trademarks registered under state laws. 
B) Yes. Federal law specifically states a federal trademark is not valid for any lawful owner of the same mark under state law. 
C) No. Don will not prevail and Victoria can continue to use the mark because of the time involved. 
D) No. But Don can register the mark after it has been 10 years since Victoria registered it because Victoria cannot renew it.

Question 19

Jason and Stacey posted a copy of their favorite movie,Frozen,on YouTube.When YouTube realized it was posted,it removed it to avoid breaking copyright laws and was not liable for the posting.This is known as

Accepted Answer

A) a legal reaction. 
B) a safe harbor. 
C) the digital solution. 
D) copyright liability. 
A) a legal reaction. 
B) a safe harbor. 
C) the digital solution. 
D) copyright liability.

Question 20

A trademark lasts for

Accepted Answer

A) 20 years after the application is filed. 
B) 70 years after the death of the creator. 
C) 10 years, but it can be renewed for an unlimited number of terms as long as it is used. 
D) as long as it is kept confidential. 
A) 20 years after the application is filed. 
B) 70 years after the death of the creator. 
C) 10 years, but it can be renewed for an unlimited number of terms as long as it is used. 
D) as long as it is kept confidential.

Exam 41: Intellectual Property

Bisha created a new recipe for a sandwich spread and applied for a patent to protect her trade secret.She is likely to receive this patent.

Explain what a trademark is and list the four different types of "marks" that can be protected under trademark law.Explain how each mark is used.

There are five categories of distinctive marks.Which is NOT one of them?

Intellectual property is

The Good Housekeeping Seal of Approval is an example of a

Briefly define patent,copyright,and trademark,and explain how long they last.

The Supreme Court has held that parody of copyrighted material is a violation of copyright law.

A copyright is valid for 28 years after it is obtained and can be renewed for another 28 years.

Ernest invents a novel,useful,nonobvious product.He

In order for a copyright holder to collect money damages from a person who used copyrighted material,it must be proven that

Unlike with patents,the ideas underlying copyrighted material need not be novel.

Rick wrote a song entitled "Wonderful." At the bottom of the first page of music he wrote "1990 by Rick Reed." Four months later a local band was playing his song at a bar.Rick felt that the bar was an inappropriate setting for his music.What is his remedy?

Monic,a college professor,makes 30 photocopies of a magazine article and passes the article out to her students.The students are assigned to read the article and write an opinion paper about it.Has Monic violated copyright law?

Which of the following is correct?

If Cub Cadet wins a trademark infringement suit by proving the defendant's trademark,Kub Kadet,is likely to deceive customers about who made the goods,Cub Cadet is entitled to

Victoria registered a trademark under the Lanham Act.Six years later Don noticed Victoria's trademark and filed a lawsuit to enjoin her from using it because he had used it in his home state,even though he hadn't registered it.Will Don prevail?

Jason and Stacey posted a copy of their favorite movie,Frozen,on YouTube.When YouTube realized it was posted,it removed it to avoid breaking copyright laws and was not liable for the posting.This is known as

A trademark lasts for

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