Question 1

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 Trademarks and Patents Treaty
C)The World Patent 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 (as well as trademarks, industrial designs, and other intellectual property) in member countries. It currently has 177 member countries.

Question 2

Jerome 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)is not entitled to a patent unless he proves his invention is commercially profitable.

Accepted Answer

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

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 a trademark can potentially last indefinitely as long as it is renewed and remains in use. Once a trademark is no longer in use or is abandoned by the owner, it can become open for others to use or register.

Question 4

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. Jack made the decision to have the copies made and then sold them for profit, which is a violation of the author's exclusive right to make copies of their work. The copy center also bears liability as they fulfilled Jack's order without checking if he had the right to make copies of the textbook. Both parties may be held responsible for damages and may be required to pay the author for lost revenue.

Question 5

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.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)None of the above.

Accepted Answer

The answer of Victoria registered a trademark under the Lanham...

Question 6

Brighton Inc.used a famous registered trademark of Hartley Corp.,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)Fair use doctrine

Accepted Answer

The violation described in the scenario is related to the dilution of a registered trademark, which is prohibited under the Federal Trademark Dilution Act. The Fair Use Act and Fair Use Doctrine allow limited use of trademarks under certain circumstances, but they do not apply in cases of dilution. The Federal Trade Protection Act is not a real law.

Question 7

Which of the following is an advantage of trademark registration?
A)potential damages are higher.
B)after five years the mark becomes almost impossible to challenge.
C)the mark is valid nationally.
D)all of the above

Accepted Answer

Trademark registration provides several advantages such as potential higher damages in case of infringement, the mark becoming almost impossible to challenge after five years, and the mark being valid nationally. Therefore, option D is the correct answer.

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 a copyrighted book and selling it in a bookstore without the author's permission is a clear violation of copyright law. The fact that the material was incorporated into a packet and placed on the required materials list for students to purchase only aggravates the infringement. The exemption for educational personnel under copyright law only pertains to certain limited circumstances, none of which apply in this case. The fair use doctrine allows for limited and transformative use of copyrighted material for educational purposes, but copying and selling a significant portion of a book without permission does not fall under fair use. The fact that the professor may or may not have made money from the infringement is irrelevant to the issue of whether a copyright violation occurred.

Question 9

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

Accepted Answer

All of the above started out as trademarked names. Zipper was originally the name of a fastener brand, Linoleum was the trade name of a company that makes flooring, and Nylon was a brand name for a type of synthetic fiber.

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, which is used to indicate that a product has been tested and meets certain standards set by the certifying organization. In this case, the Good Housekeeping Institute tests products and awards the seal to those that meet their standards.

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 do not have a specific duration like patents or copyrights. They last as long as they are kept confidential and provide competitive advantage to the company. Once a trade secret is disclosed, the company can no longer claim legal protection for it.

Question 12

Which of the following words could be registered as a trademark?
A)Crunchy peanut butter.
B)White garbage bags.
C)Orange Juice.
D)Jones Soy Milk.

Accepted Answer

Jones Soy Milk is the best choice as it is a unique and distinct name that can be associated with a particular brand or company. On the other hand, Crunchy peanut butter, White garbage bags, and Orange Juice are generic terms that cannot be registered as trademarks as they describe the product rather than distinguishing it from other brands.

Question 13

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 to identify and distinguish the company's services from those of others, making them service marks.

Question 14

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 15

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 16

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 a trademark infringement suit and proves that the defendant's trademark, Kub Kadet, is likely to deceive customers about who made the goods, they are entitled to all of the above- up to three times actual damages, an injunction to prevent further infringement, and any profits Kub Kadet made on its infringing product. This is known as trade dress infringement.

Question 17

A patent may be granted for:
A)processes.
B)designs.
C)plants
D)all of the above

Accepted Answer

A patent can be granted for processes, designs, and plants, as well as machines and compositions of matter. Therefore, the most accurate answer is D, which includes all of the available options.

Question 18

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 ethical but illegal act by violating the Digital Millennium Copyright Act.

Accepted Answer

Using a camcorder to film a movie in a theater is a violation of the Family Entertainment and Copyright Act and is considered a criminal offense. It is illegal to make copies of copyrighted material without permission from the owner, and filming a movie in a theater is a clear violation of this law. Therefore, choice B is the correct answer. Choices A, C, and D are all incorrect because they do not accurately reflect the legality or ethical implications of the situation.

Question 19

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 that the infringer actually copied his work or had access to his song and that the two works are substantially the same. Registration for a copyright is not necessary to establish infringement, although it does provide certain advantages in terms of damages and legal fees. Additionally, proof of money damages may be required to obtain damages, but it is not necessary to establish infringement.

Question 20

Erin and her band played a very familiar song.However,they made up different words for the song that were intended to be funny.Erin's version of the popular song with different words is known as:
A)a copyright infringement.
B)application of the fair use doctrine.
C)a copyright dilution.
D)a parody.

Accepted Answer

Erin's version of the popular song with different funny words is known as a parody. Parody is considered a form of fair use under copyright law, allowing artists to use copyrighted material for the purposes of criticism, commentary, and satire.

Quiz 34: Intellectual Property

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

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

A trademark lasts for:

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?

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

Which of the following is an advantage of trademark registration?

Which of the following started out as a trademark name?

The Good Housekeeping Seal of Approval is an example of a:

A company's trade secret lasts for:

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

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?

International copyright protection:

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 patent may be granted for:

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:

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