Question 1

Which of the following words could be registered as a trademark?
A) Crunchy peanut butter.
B) Low-fat peanut butter.
C) Green peas.
D) yStar peanuts.

Accepted Answer

"yStar peanuts" is a unique and distinctive name that is not generic or descriptive. It has the potential to be trademarked as it can be associated with a specific brand or product. "Crunchy peanut butter" and "low-fat peanut butter" are generic and descriptive terms that cannot be trademarked. "Green peas" is a common and generic term for a type of vegetable that cannot be associated with a specific brand or product.

Question 2

Which of the following started out as a trademark name?
A) Zipper.
B) Linoleum.
C) Nylon.
D) All the above.

Accepted Answer

Zipper, Linoleum, and Nylon all started out as trademark names before becoming generic terms.

Question 3

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:
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.

Accepted Answer

In order to prove copyright infringement, Richard must prove that his work was original and that the infringer actually copied his work or had access to it. He must also demonstrate that the two works are substantially the same. The fact that he copyrighted his work and had it professionally printed supports his claim of originality and ownership of the work. The requirement for proving money damages comes after establishing copyright infringement. Registering the song for copyright is not required, as copyright protection is automatic upon creation of the work.

Question 4

International copyright protection:
A) is automatic for works created in member countries of the Berne Convention.
B) is granted for the life of the author plus 70 years under the Berne Convention.
C) is not yet available for computer programs.
D) lacks any enforcement capability for overseas infringement of works authored in the United States.

Accepted Answer

The answer of International copyright protection:
A) is automatic for works...

Question 5

A trademark lasts for:
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.

Accepted Answer

A trademark lasts for 10 years, but it can be renewed for an unlimited number of terms as long as it is used. This means that as long as the trademark owner continues to use the trademark in commerce, they can keep renewing it for additional 10-year terms indefinitely.

Question 6

The law that protects financial services from being infringed on is:
A) America Invents Act
B) Uniform Trade Secrets Act
C) Anticybersquatting Consumer Protection Act
D) The Lanham Act

Accepted Answer

The Uniform Trade Secrets Act protects financial services by safeguarding trade secrets, which can include proprietary financial information and methods.

Question 7

If you buy a CD you do not like you are entitled to:
A) Financial damages
B) Sell it to anyone you want
C) Copy it to your hard drive and then sell the physical CD.
D) None of the answers are correct

Accepted Answer

If you buy a CD that you do not like, you have the right to sell it to anyone you want. This is because you have purchased the physical copy and are free to transfer ownership to another person. However, copying the CD to your hard drive and then selling the physical CD would be considered copyright infringement and is not legal. Financial damages are not typically awarded in this type of situation unless there was some sort of misrepresentation or fraud involved in the sale of the CD.

Question 8

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.
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.

Accepted Answer

The act of copying seven chapters from the book and placing them for sale in the bookstore without the permission of the author is a clear violation of copyright law. The fact that the material was incorporated into an educational packet does not make it exempt from copyright infringement.

Question 9

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

Accepted Answer

The Paris Convention for the Protection of Industrial Property, signed in 1883, is an international treaty that allows for the recognition and enforcement of patents in member countries, including the United States.

Question 10

Intellectual property:
A) producers are likely to be adequately paid in the free market.
B) production is not subsidized by the government.
C) typically is expensive to produce but cheap to reproduce and transmit.
D) typically is expensive to produce,copy,and transmit.

Accepted Answer

The answer of Intellectual property:
A) producers are likely to be...

Question 11

A company's trade secret lasts for:
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.

Accepted Answer

Trade secrets have no fixed duration and can last as long as they are kept confidential. Unlike patents or trademarks, there is no registration requirement or fixed period for which the trade secret will be protected.

Question 12

The Digital Millennium Copyright Act:
A) It is illegal to delete copyright information from an article
B) It is illegal to circumvent encryption or scrambling devices that protect copyrighted works
C) It is illegal to distribute tools and technologies used to circumvent encryption devices
D) all of these answers are correct

Accepted Answer

All of the statements listed are true about the Digital Millennium Copyright Act (DMCA). It is illegal to remove or alter any information regarding a copyright, including author information or copyright notices. It is also illegal to circumvent any technology or device that protects a copyrighted work. Additionally, distribution of technology or tools that can be used for this purpose is also prohibited under the DMCA.

Question 13

Jack goes to Fast Copy Center and pays to have 40 copies of a textbook made.Jack then sells the photocopied versions of the book to fellow students for $60 a copy (as opposed to the $95 textbook price).The textbook author learns of this and sues Jack and the copy center.Which statement is correct?
A) Jack and the copy center are both liable to the author.
B) Jack is liable to the author but the copy center is not.
C) The copy center is liable to the author but Jack is not.
D) Neither the copy center nor Jack is liable to the author.

Accepted Answer

Both Jack and the copy center are liable to the author for copyright infringement. Making unauthorized copies of a textbook is a violation of copyright law and both parties involved in the copying and distribution can be held responsible. Selling the copied textbooks at a lower price than the original textbook price does not excuse the infringement.

Question 14

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.He proved he had registered the mark in several states more than ten years before Victoria obtained her trademark.Will Don prevail?
A) Yes.Don did not have to register the trademark to enforce it.
B) 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.
D) None of the above.

Accepted Answer

Under the Lanham Act, a federal trademark registration provides nationwide priority over state registrations, unless the state user can prove they used the mark before the federal registration and continued to use it without interruption. However, since Don did not take action for six years, Victoria's federal registration is likely incontestable, barring any claims of fraud or other exceptions.

Question 15

The law that protects Jack's secret sauce is:
A) America Invents Act
B) Uniform Trade Secrets Act
C) Anticybersquatting Consumer Protection Act
D) The Lanham Act

Accepted Answer

The Uniform Trade Secrets Act (UTSA) is the law that protects trade secrets like Jack's secret sauce, which is confidential information that provides an economic advantage to its owner. The UTSA defines what is considered a trade secret, how to protect it, and the legal remedies available if it is misappropriated.

Question 16

Ernest invents a novel,useful,nonobvious product.He:
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 file an application.
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.

Accepted Answer

The answer of Ernest invents a novel,useful,nonobvious product.He:
A) must apply...

Question 17

In Lapin v.Seinfeld the issue was whether:
A) a vaguely similar approach could be used as copyright infringement.
B) the use of macaroni and cheese was a copyright infringement
C) The name of two books had to be substantially
D) whether a paperback and a hardcover were the same category in copyright law

Accepted Answer

The issue in Lapin v. Seinfeld was whether a vaguely similar approach to creating a book could be considered copyright infringement, rather than specific elements such as the use of macaroni and cheese or the format of the books.

Question 18

In the first decade of this century,music sales at American record labels declined by:
A) 58%
B) 3%
C) 75%
D) 20%

Accepted Answer

Music sales at American record labels declined by 58% in the first decade of this century.

Question 19

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?
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.

Accepted Answer

The answer of Monic,a college professor,makes 30 photocopies of a...

Question 20

Nike's "Just do it" is an example of a:
A) trademark.
B) patent
C) copyright
D) domain name

Accepted Answer

"Just do it" is a phrase that has been registered as a trademark by Nike.

Quiz 28: Intellectual Property

Which of the following words could be registered as a trademark?

Which of the following started out as a trademark name?

International copyright protection:

A trademark lasts for:

The law that protects financial services from being infringed on is:

If you buy a CD you do not like you are entitled to:

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

Intellectual property:

A company's trade secret lasts for:

The Digital Millennium Copyright Act:

Jack goes to Fast Copy Center and pays to have 40 copies of a textbook made.Jack then sells the photocopied versions of the book to fellow students for $60 a copy (as opposed to the $95 textbook price) .The textbook author learns of this and sues Jack and the copy center.Which statement is correct?

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.He proved he had registered the mark in several states more than ten years before Victoria obtained her trademark.Will Don prevail?

The law that protects Jack's secret sauce is:

Ernest invents a novel,useful,nonobvious product.He:

In Lapin v.Seinfeld the issue was whether:

In the first decade of this century,music sales at American record labels declined by:

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?

Nike's "Just do it" is an example of a: