Question 1

AVCO used a famous registered trademark of BNC,Inc.in a manner that reduced its value.This is a violation of the
A)Federal Fair Use Act.
B)Federal Trademark Dilution Act.
C)Federal Trade Protection Act.
D)Cleveland/Myer Act.

Accepted Answer

The Federal Trademark Dilution Act prohibits the unauthorized use of a famous trademark in a manner that reduces its value or tarnishes its reputation. AVCO's use of BNC, Inc.'s registered trademark in a manner that reduced its value would be a violation of this act. The other acts mentioned do not specifically address trademark infringement or dilution.

Question 2

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

A trade secret can last indefinitely as long as it is kept confidential. There is no set time limit for how long a trade secret can last.

Question 3

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 owner of the trademark continues to use it to identify their goods or services, they can renew the trademark indefinitely.

Question 4

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
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.

Accepted Answer

An injunction to prevent further infringement is a common remedy in trademark infringement cases, as it directly addresses the issue of stopping the infringing party from continuing to use the trademark in a way that could confuse consumers.

Question 5

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

Copying seven chapters from a book and placing them for sale in a bookstore without obtaining permission from the author or publisher is a violation of copyright law. Educational personnel are not exempt from liability under copyright law for infringing on an author's work. Additionally, the fact that the professor placed the material for sale in the bookstore indicates that there was an intention to profit from the use of the author's work. While "fair use doctrine" does allow for limited copying for educational purposes, copying an entire book or a significant portion of it is unlikely to qualify as fair use.

Question 6

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?
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.

Accepted Answer

Don will not prevail because Victoria's trademark has been registered for six years, and under the Lanham Act, a registered trademark becomes incontestable after five years, barring certain exceptions.

Question 7

McDonald's famous golden arches and other marks used by the company illustrate a
A)suggestive mark.
B)service mark.
C)certification mark.
D)collective mark.

Accepted Answer

McDonald's golden arches and other marks are used as a service mark to identify and distinguish their services (fast food restaurant and related services) from those of others in the market.

Question 8

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 9

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)a "knock off."
B)a parody.
C)a "mockarama."
D)a "link."

Accepted Answer

A parody is a humorous or satirical imitation of a serious piece of literature or writing or a popular song, usually with altered lyrics to make the original work seem ridiculous. In this case, James and his band made up different funny words for a popular song, thus creating a parody. "Knock off" and "mockarama" are not commonly used terms for this situation, and "link" does not apply at all.

Question 10

The Good Housekeeping Seal of Approval is an example of a
A)trademark.
B)service mark.
C)collective mark.
D)certification mark.

Accepted Answer

The Good Housekeeping Seal of Approval is a certification mark, as it certifies that a product meets certain standards set by Good Housekeeping magazine.

Question 11

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 show that his work was original, and the infringer actually copied his work or had access to his song and that the two works are substantially the same. It is not necessary for Richard to prove that he sustained money damages as a result of the infringement or that he registered the song for copyright, although registration can provide additional legal benefits.

Question 12

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 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.

Accepted Answer

According to patent law, an inventor must apply for a patent within one year of selling the product commercially, or else they lose the right to patent the invention. Therefore, option A is the correct choice. Options B, C, and D contain false information.

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?
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.

Accepted Answer

The answer of A new savings and loan bank,called Federal...

Question 14

Which of the following phrases 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 phrase that can be registered as a trademark. "Crunchy peanut butter" and "low-fat peanut butter" are descriptive terms that cannot be trademarked. "Green peas" is a generic term that cannot be trademarked.

Question 15

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 is a treaty that allows for the recognition and enforcement of patents in member countries. It was first signed in 1883 and has been revised several times since then.

Question 16

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

Accepted Answer

The Berne Convention provides automatic copyright protection for works created in member countries without the need for registration.

Question 17

NikeShoes.com produces a running shoe that it sells in the United States.The shoe has a check mark on the side,uses inferior materials and is made using child labor.Nike,Inc.sues NikeShoes for trademark infringement under the Federal Trademark Dilution Act of 1995 What is likely to be the grounds for this suit?
A)NikeShoes is diluting the value of Nike, Inc.'s product and tarnishing its image.
B)NikeShoes is not paying Nike, Inc. a percentage of its sales.
C)Nike, Inc. does not want its products compared to competitors.
D)NikeShoes should have not been awarded a trademark for the check mark on its shoes.

Accepted Answer

The grounds for the suit would likely be that NikeShoes is diluting the value of Nike, Inc.'s product and tarnishing its image by using inferior materials and child labor, which goes against the values associated with the Nike brand. The trademark dilution act protects against the "blurring" or "tarnishing" of a famous trademark's distinctiveness, and Nike, Inc. would argue that NikeShoes' use of a similar check mark on an inferior product using unethical practices can harm the reputation of the Nike brand. Options B, C, and D are not relevant to the case.

Question 18

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

Accepted Answer

The scenario describes the concept of safe harbor, which provides immunity to online service providers like YouTube from legal liability for user-generated content posted on their platforms. This is provided they promptly remove infringing content upon notice from the copyright owner.

Question 19

Intellectual property is
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.

Accepted Answer

The answer of Intellectual property is
A)protected in the same way...

Question 20

There are five categories of distinctive marks.Which is NOT one of them?
A)fanciful marks
B)arbitrary marks
C)generic marks
D)marks with secondary meaning

Accepted Answer

The five categories of distinctive marks are fanciful marks, arbitrary marks, suggestive marks, descriptive marks with secondary meaning, and generic marks. Generic marks are not considered distinctive because they describe the general category of goods or services and are not specific to a single source or brand.

Quiz 41: Intellectual Property

AVCO used a famous registered trademark of BNC,Inc.in a manner that reduced its value.This is a violation of the

A company's trade secret lasts for

A trademark lasts for

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?

McDonald's famous golden arches and other marks used by the company illustrate a

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?

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

The Good Housekeeping Seal of Approval is an example of a

Ernest invents a novel,useful,nonobvious product.He

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?

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

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

International copyright protection is

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

Intellectual property is

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