Question 1

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

Accepted Answer

Copyright protection is not dependent on novelty, but rather on originality. The work must be independently created and possess a minimum degree of creativity, but it does not need to be new or innovative.

Question 2

Provisional patents are good for one year.

Accepted Answer

Provisional patents are valid for one year from the filing date, after which they expire and cannot be extended or renewed.

Question 3

In hopes of speeding up the approval process and making it more accurate,the Patent and Trademark Office has begun a pilot program which allows anyone to participate in the patent approval process.

Accepted Answer

The statement accurately describes the pilot program launched by the Patent and Trademark Office.

Question 4

Janice wrote a song called "Feelings of Love." She wrote the piano score and lyrics for a class she was taking at college and turned it into her professor.
A)Janice's song was automatically copyrighted when she wrote it down on paper.
B)If Janice wishes to enforce her copyright,she must first register her song with the Copyright Office.
C)Both of the above are correct.
D)Neither a nor b

Accepted Answer

Janice's song was automatically copyrighted when she wrote it down on paper, as copyright protection is granted upon fixation in a tangible medium. However, to enforce her copyright in court, she must register her song with the Copyright Office.

Question 5

Under the "fair use doctrine," instructors cannot be liable for copyright violations.

Accepted Answer

The fair use doctrine provides for certain exceptions to copyright violations, including for educational purposes. However, it is not a blanket immunity for instructors or anyone else. Whether a particular use falls under fair use is determined on a case-by-case basis and depends on factors such as the purpose and nature of the use, the amount and substantiality of the portion used, and the effect on the potential market for the copyrighted work. Instructors may still be liable for copyright violations if their use of copyrighted material does not qualify as fair use.

Question 6

The name "Johnson Garage Doors" cannot be a trademark because a surname is already being used and other people have the right to continue to use the name.

Accepted Answer

While surnames can present challenges in obtaining trademark protection, it is possible for surnames to be trademarked if they can acquire secondary meaning through use in commerce. However, this determination is made on a case-by-case basis, taking into consideration various factors such as the distinctiveness of the name and the nature of the goods or services. Therefore, it is possible for "Johnson Garage Doors" to be a trademark if it meets these criteria.

Question 7

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

Plant patents can protect new and distinct varieties of plants, including those reproduced asexually through methods such as grafting, not just those reproduced from seeds.

Question 8

A patent is available for an idea as well as a tangible application.

Accepted Answer

A patent is only available for the tangible application or embodiment of an idea, not for the idea itself. Ideas must be concretely realized in some form of invention or process to be patentable.

Question 9

The advantages of trademark registration include all EXCEPT:
A)potential damages are higher.
B)after five years the mark becomes almost impossible to challenge.
C)it allows the trademark owner to use the TM symbol to put others on notice of the protection.
D)the mark is valid nationally.

Accepted Answer

The answer of The advantages of trademark registration include all...

Question 10

Southern Bar-B-Q owns a special,secret recipe for sauce which it guards because it gives the restaurant a competitive advantage.If Mort willfully misappropriates the recipe,a court may hold him liable to Southern for double damages.

Accepted Answer

Misappropriation of a trade secret can result in liability for double damages under the Uniform Trade Secrets Act.

Question 11

Christy and Sylvester trade movies by downloading each other's movie files.If the copyrighted material has a retail value greater than $1,000,Christy and Sylvester are subject to criminal penalties under the No Electronic Theft Act,even if they had no profit motive in reproducing the movies.

Accepted Answer

The No Electronic Theft Act (NET Act) criminalizes the reproduction and distribution of copyrighted material with a retail value over $1,000, even if there is no profit motive involved. Therefore, Christy and Sylvester could be subject to criminal penalties if they engage in such activity.

Question 12

Which of the following is correct?
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)None of the above.

Accepted Answer

Trademarks can be renewed as long as the mark is still in use. Copyrights and patents cannot be renewed once they expire.

Question 13

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

Accepted Answer

Parody of copyrighted material is generally considered a fair use and thus not a violation of copyright law. The Supreme Court has recognized this in various cases, including Campbell v. Acuff-Rose Music, Inc. (1994) and Dr. Seuss Enterprises, L.P. v. Penguin Books USA, Inc. (1997).

Question 14

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

Accepted Answer

The copyright law has changed and the duration of copyright protection varies depending on the type of work and when it was created. In general, for works created after January 1, 1978, copyright protection lasts for the life of the author plus 70 years. For works created before 1978, the rules are more complex and may require research to determine the duration of copyright protection.

Question 15

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

Accepted Answer

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

Question 16

The requirements for a patent include all EXCEPT:
A)the invention must be novel.
B)the invention must be nonobvious.
C)the invention must be commercially valuable.
D)the invention must be useful.

Accepted Answer

While commercial value is certainly a consideration when obtaining a patent, it is not a requirement for receiving one. The other three factors (novelty, nonobviousness, and usefulness) are all required for a patent to be granted.

Question 17

In a recent case,In re Nuijten,the U.S.appeals court ruled that a method of encoding additional information on electronic signals emitted from digital audio files was not patentable because,although useful,the method was not a mechanical,electrical,or chemical invention,a process,a machine,or the composition of matter.

Accepted Answer

The statement accurately reflects the ruling of the U.S. appeals court in In re Nuijten.

Question 18

In order for a copyright holder to collect money damages from a person who used copyrighted material,it must be proven that:
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)None of the above.

Accepted Answer

None of these options are correct. In order for a copyright holder to collect money damages from a person who used copyrighted material, it must be proven that the person's use of the material constituted copyright infringement, regardless of whether the infringement was intentional or unintentional. Additionally, the amount of damages awarded may vary and does not have a specific minimum threshold. While including the copyright symbol and information is recommended, it is not necessary for copyright protection.

Question 19

If a trademarked name acquires a generic meaning,the owner of the trademark loses protection.

Accepted Answer

This is known as trademark genericization, where a trademarked name becomes commonly used as a generic term for a type of product or service. Once this happens, the trademark loses its distinctiveness and legal protection. Examples include Kleenex, Xerox, and Band-Aid.

Question 20

A color cannot be trademarked since it cannot be kept from use by other businesses.

Accepted Answer

A color can be trademarked if it acquires distinctiveness as a source identifier for the goods or services of one business, distinguishing them from those of others.

Quiz 33: Intellectual Property