Question 1

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  False

Question 2

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

Accepted Answer

A) True 
 B)False  False

Question 3

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. A

Question 4

Derrick buys a CD but,after listening to it,decides he doesn't like the music.May he legally sell the CD to someone else? If he thinks his cousin would enjoy the music,may he legally copy the CD for her?

Accepted Answer

Under the first sale doctrine,Derrick ha

Question 5

James and his band played a very familiar song.However,they made up different words for the song that were intended to be funny.James's version of the popular song with different words is known as a

Accepted Answer

A) knock off. 
B) parody. 
C) mockarama. 
D) link. 
A) knock off. 
B) parody. 
C) mockarama. 
D) link.

Question 6

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 7

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 8

Martina developed a new type of apple tree which could be reproduced through grafting.She cannot protect her rights in this tree by obtaining a plant patent since the tree cannot be reproduced by planting its seeds.

Accepted Answer

A) True 
 B)False

Question 9

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 10

Only civil penalties can be incurred under the Uniform Trade Secrets Act.​

Accepted Answer

A) True 
 B)False

Question 11

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

Question 12

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 that is printed in her college's copy center.The packet is then placed on the required materials list for students to purchase and is sold in the local book store.The author of the book 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 13

A new savings and loan bank called Federal Deposit Bank applied for a trademark of its name.Why will this bank probably not receive trademark approval?

Accepted Answer

A) It is similar to an existing mark. 
B) It is a generic trademark. 
C) It is a deceptive mark. 
D) It is a scandalous or immoral mark. 
A) It is similar to an existing mark. 
B) It is a generic trademark. 
C) It is a deceptive mark. 
D) It is a scandalous or immoral mark.

Question 14

What is the best definition of a trade secret?

Accepted Answer

A) A formula,device,process,method,or compilation of information that,when used in business,gives the owner an advantage over competitors. 
B) Any combination of words and symbols that a business uses to identify its products or services and distinguish them from others. 
C) The right of an inventor to prevent others from making,using,or selling his inventions for a limited time. 
D) The right of a creator to exclusively reproduce,distribute,and perform her work for a limited time. 
A) A formula,device,process,method,or compilation of information that,when used in business,gives the owner an advantage over competitors. 
B) Any combination of words and symbols that a business uses to identify its products or services and distinguish them from others. 
C) The right of an inventor to prevent others from making,using,or selling his inventions for a limited time. 
D) The right of a creator to exclusively reproduce,distribute,and perform her work for a limited time.

Question 15

Which is NOT a provision of the Digital Millennium Copyright Act?

Accepted Answer

A) It is illegal to delete copyright information or distribute false copyright information. 
B) It is illegal to use copyrighted material under any circumstances without permission of the creator. 
C) It is illegal to circumvent encryption or scrambling technologies that protect copyrighted works. 
D) It is illegal to distribute tools and technologies designed to circumvent encryption devices. 
A) It is illegal to delete copyright information or distribute false copyright information. 
B) It is illegal to use copyrighted material under any circumstances without permission of the creator. 
C) It is illegal to circumvent encryption or scrambling technologies that protect copyrighted works. 
D) It is illegal to distribute tools and technologies designed to circumvent encryption devices.

Question 16

A design patent protects the appearance of an item and is valid for 14 years.

Accepted Answer

A) True 
 B)False

Question 17

Rick wrote a song entitled "Wonderful." At the bottom of the first page of the music,he wrote "© 2018 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 18

What is the name of the treaty that allows American patents to be recognized and enforced in member countries?

Accepted Answer

A) the Paris Convention for the Protection of Industrial Property 
B) the International Treaty of Trademarks and Patents 
C) the World Agreement of London 
D) the Berne Convention 
A) the Paris Convention for the Protection of Industrial Property 
B) the International Treaty of Trademarks and Patents 
C) the World Agreement of London 
D) the Berne Convention

Question 19

Which of the following cases concerned a trade secret?

Accepted Answer

A) Association for Molecular Pathology v.Myriad Genetics,Inc. 
B) Bikram's Yoga College of India,L.P.v.Evolation Yoga,LLC 
C) AMF Inc.v.Sleekcraft Boats 
D) CDM Media USA,Inc.v.Simms 
A) Association for Molecular Pathology v.Myriad Genetics,Inc. 
B) Bikram's Yoga College of India,L.P.v.Evolation Yoga,LLC 
C) AMF Inc.v.Sleekcraft Boats 
D) CDM Media USA,Inc.v.Simms

Question 20

Identify the main provisions of the Digital Millennium Copyright Act.

Accepted Answer

The Digital Millennium Copyright Act (DM

Exam 41: Intellectual Property

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

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

Ernest invents a novel,useful,nonobvious product.He

Derrick buys a CD but,after listening to it,decides he doesn't like the music.May he legally sell the CD to someone else? If he thinks his cousin would enjoy the music,may he legally copy the CD for her?

James and his band played a very familiar song.However,they made up different words for the song that were intended to be funny.James's version of the popular song with different words is known as a

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

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

Martina developed a new type of apple tree which could be reproduced through grafting.She cannot protect her rights in this tree by obtaining a plant patent since the tree cannot be reproduced by planting its seeds.

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

Only civil penalties can be incurred under the Uniform Trade Secrets Act.​

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.

A new savings and loan bank called Federal Deposit Bank applied for a trademark of its name.Why will this bank probably not receive trademark approval?

What is the best definition of a trade secret?

Which is NOT a provision of the Digital Millennium Copyright Act?

A design patent protects the appearance of an item and is valid for 14 years.

Rick wrote a song entitled "Wonderful." At the bottom of the first page of the music,he wrote "© 2018 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?

What is the name of the treaty that allows American patents to be recognized and enforced in member countries?

Which of the following cases concerned a trade secret?

Identify the main provisions of the Digital Millennium Copyright Act.

Introduction to Law

Ethics and Corporate Social Responsibility

International Law

Common Law, Statutory Law, and Administrative Law

Constitutional Law

Dispute Resolution

Crime

Intentional Torts and Business Torts

Negligence, Strict Liability, and Product Liability

Privacy and Internet Law

Introduction to Contracts

Agreement: Offers and Acceptances

Consideration

Legality

Voidable Contracts: Capacity and Consent

Written Contracts

Third Parties

Contract Termination

Remedies

Practical Contracts

Introduction to Sales

Ownership, Risk and Warranties

Performance and Remedies

Secured Transactions

Creating a Negotiable Instrument

Liability for Negotiable Instruments

Accountants Liability

Agency Law

Employment and Labor Law

Employment Discrimination

Starting a Business: Llcs and Other Options

Partnerships

Life and Death of a Corporation

Management Duties

Shareholder Rights

Bankruptcy

Securities Regulation

Antitrust

Consumer Protection

Environmental Law

Real Property and Landlord Tenant Law

Personal Property and Bailment

Planning for the Future: Wills, Trusts and Insurance

Filters

Only civil penalties can be incurred under the Uniform Trade Secrets Act.