Question 1

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 sue for copyright infringement, Richard must prove that his work was original and the infringer either copied his work or had access to it, and that the two works are substantially the same. Registration with the U.S. Copyright Office is not required, but it can provide additional benefits in a copyright infringement lawsuit. The fact that the infringer claims to have never heard of Richard's song does not necessarily absolve them of copyright infringement if the two works are indeed substantially similar.

Question 2

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 comedic imitation or version of a well-known work, in this case, James and his band's version of the popular song with different words. A knock off is a cheap imitation of a product, a mockarama and a link are not terms commonly used in this context.

Question 3

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 three times actual damages.
B)an injunction to prevent further infringement.
C)any profits Kub Kadet made on its infringing product.
D)All of the above.

Accepted Answer

If Cub Cadet wins the trademark infringement suit, they are entitled to all of the above remedies, including up to three times actual damages, an injunction to prevent further infringement, and any profits Kub Kadet made on its infringing product. This is covered under the Lanham Act, which provides for these remedies in cases of trademark infringement.

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.
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 a book and selling them in a packet for students to purchase is not covered under the fair use doctrine. It also does not fall under any exemption for educational personnel. The author of the book has a valid claim of copyright infringement.

Question 5

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

Accepted Answer

All three options (Zipper, Linoleum, Nylon) started out as trademark names before becoming generic terms.

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.He proved he had registered the mark in several states more than ten years before Victoria obtained her trademark.Will Don prevail?
A)Probably.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 she has been using it for more than 5 years.
D)None of the above.

Accepted Answer

Under the Lanham Act, if a trademark has been used continuously for five years after registration, it becomes incontestable, meaning Victoria's trademark is protected despite Don's prior state registrations.

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 used by the company are registered as service marks because they are used to identify and distinguish the services provided by McDonald's restaurants. Service marks are used to identify and distinguish services rather than goods.

Question 8

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 for copyright infringement as they have engaged in unauthorized copying and distribution of the textbook. The fact that Jack sold the copies for a lower price does not negate the infringement. Therefore, both parties can be held liable for damages by the author.

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

Question 10

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 being used. This renewal requirement ensures that trademarks are actively being used and not just sitting unused, preventing others from using them.

Question 11

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 created...

Question 12

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 expiration date and can last for as long as they are kept confidential.

Question 13

The Basic Books,Inc.v.Kinko's Graphic Corp.case held:
A)professors could print and sell lengthy course packets of copyrighted material under the "fair use" doctrine.
B)professors could not print and sell lengthy course packets of copyrighted material under the "fair use" doctrine.
C)professors could not use commercial printing companies under the "fair use" doctrine.
D)None of the above.

Accepted Answer

The Basic Books, Inc. v. Kinko's Graphic Corp. case held that professors could not print and sell lengthy course packets of copyrighted material under the "fair use" doctrine. This case established that commercial copying services like Kinko's could not rely on the fair use doctrine to make copies of course materials without permission from the copyright holder.

Question 14

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 signifies that a product has been evaluated by a third party and has met certain standards.

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?
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 16

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 name that could be registered as a trademark since it's not a common or descriptive term. "Crunchy peanut butter" and "low-fat peanut butter" are generic and descriptive terms that cannot be registered, and "green peas" is a common product name that is not distinctive enough to be trademarked.

Question 17

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 get a company to produce it commercially.
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 the law, Ernest must apply for a patent within one year of selling the product commercially to protect his invention. If he fails to file the patent within this period, he may lose the opportunity to patent his invention.

Question 18

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 registered trademark in a manner that reduces its value, which is exactly what AVCO did with the famous registered trademark of BNC, Inc.

Question 19

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 adequately...

Question 20

Jason and Stacey go to the movie theater and decide to use a camcorder to film the show so they can watch it again with their friends later at home.They have:
A)made an ethical,legal,wise economic decision since the cost of viewing the movie in the theater again is too high for their limited budget.
B)violated the Family Entertainment and Copyright Act,and committed a criminal offense.
C)violated the No Electronic Theft Act.
D)committed an illegal act by violating the Digital Millennium Copyright Act.

Accepted Answer

Jason and Stacey have violated the Family Entertainment and Copyright Act by using a camcorder to film the show in the movie theater. This act is considered a criminal offense as it infringes on the copyright holder's exclusive right to make and distribute copies of their work.

Quiz 33: Intellectual Property

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:

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:

Which of the following started out as a trademark name?

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?

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

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?

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

A trademark lasts for:

International copyright protection:

A company's trade secret lasts for:

The Basic Books,Inc.v.Kinko's Graphic Corp.case held:

The Good Housekeeping Seal of Approval is an example of 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?

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

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

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

Intellectual property:

Jason and Stacey go to the movie theater and decide to use a camcorder to film the show so they can watch it again with their friends later at home.They have: