Question 1

Your school is embarking on a new advertising campaign and has started using the tagline "The Rolls-Royce of Higher Education." If Rolls-Royce is a registered trademark,can your school be liable for trademark infringement or trademark dilution?

Accepted Answer

The answer of Your school is embarking on a new...

Question 2

Name the five factors that courts use to determine whether certain material constitutes a trade secret.

Accepted Answer

The answer of Name the five factors that courts use...

Question 3

Why are trademarks worthy of protections as valuable business assets?

Accepted Answer

The answer of Why are trademarks worthy of protections as...

Question 4

Mike has written a novel.When,if ever,would Mike's novel be copyright protected?

Accepted Answer

A) The novel receives copyright protections immediately upon completion; however,
suing to enforce the protections requires registration.
\) The novel receives copyright protections immediately upon completion; however, suing to enforce the protections requires registration.
]) The novel receives copyright protections immediately upon completion; however, suing to enforce the protections requires registration.
^) The novel receives copyright protections immediately upon completion; however, suing to enforce the protections requires registration.

Question 5

Which of the following is a service mark?

Accepted Answer

A) Geek Squad represents a service provided by Best Buy, while the remaining
choices distinguish a company's products from competitors.
o) Geek Squad represents a service provided by Best Buy, while the remaining choices distinguish a company's products from competitors.
p) Geek Squad represents a service provided by Best Buy, while the remaining choices distinguish a company's products from competitors.
q) Geek Squad represents a service provided by Best Buy, while the remaining choices distinguish a company's products from competitors.

Question 6

Name the factors the Federal Trademark Dilution Act sets forth for courts to consider in determining whether dilution by blurring has occurred.

Accepted Answer

The answer of Name the factors the Federal Trademark Dilution...

Question 7

The Digital Millennium Copyright Act provided each of the following protections except

Accepted Answer

A) The DMCA did not provide that manufacturers of CD-writers were required to pay 2 percent of their sales into a special fund.
e) The DMCA did not provide that manufacturers of CD-writers were required to pay 2 percent of their sales into a special fund.
f) The DMCA did not provide that manufacturers of CD-writers were required to pay 2 percent of their sales into a special fund.
g) The DMCA did not provide that manufacturers of CD-writers were required to pay 2 percent of their sales into a special fund.

Question 8

Trade secret protections are provided through

Accepted Answer

A) Each state provides for trade secret protections for companies, often modeling the
state laws after the UTSA.
A) Each state provides for trade secret protections for companies, often modeling the state laws after the UTSA.
B) Each state provides for trade secret protections for companies, often modeling the state laws after the UTSA.
C) Each state provides for trade secret protections for companies, often modeling the state laws after the UTSA.

Question 9

Since a trademark can gain protection by being used in commerce,what would the advantages be of registering the trademark with the U.S.Patent and Trademark Office?

Accepted Answer

The answer of Since a trademark can gain protection by...

Question 10

Why does Xerox Corporation take out full-page ads in national publications stressing that it is improper to use the word Xeroxing when referring to making a photocopy?

Accepted Answer

The answer of Why does Xerox Corporation take out full-page...

Question 11

A professor at your school has discovered that if certain music is played in the background during lectures,the room is lit to a particular level,the temperature is maintained at a particular level,and the professor speaks within a particular tonal range,students understand and retain the information presented at an astonishing 84 percent higher rate than students hearing the same lecture without these conditions.The professor has even created a machine that converts the professor's voice to the tonal range required.The school has been advertising that this process will be implemented in all classrooms,and freshman applications have more than tripled.Is this process protectable as a trade secret,and if so,how effective will the protection be?

Accepted Answer

The answer of A professor at your school has discovered...

Question 12

Name the factors looked at by courts in applying the Polaroid test to determine whether trademark infringement has occurred.

Accepted Answer

The answer of Name the factors looked at by courts...

Question 13

How is it possible for two different parties to have simultaneous rights to use the same trademark?

Accepted Answer

The answer of How is it possible for two different...

Question 14

The Computer Software Copyright Act defined computer software programs as

Accepted Answer

A) By defining software programs as literary works, such programs could be
copyrighted and protected.
A) By defining software programs as literary works, such programs could be copyrighted and protected.
B) By defining software programs as literary works, such programs could be copyrighted and protected.
C) By defining software programs as literary works, such programs could be copyrighted and protected.

Question 15

Companies sometimes make a strategic decision not to patent a particular invention or process.Why might a company sometimes choose not to seek a patent?

Accepted Answer

The answer of Companies sometimes make a strategic decision not...

Question 16

Martin is an intern working for Tennessee Fried Chicken (TFC),an international company with over 1,000 franchised restaurants throughout the United States and in 21 other countries.TFC heavily advertises on television and in various print media that its chicken is superior due to its blend of "42 secret herbs and spices." Many have tried to duplicate the recipe unsuccessfully,and burglars have even been caught trying to steal it.One day Martin is called into the president's office for an assignment,and during their conversation,the president leaves the room,leaving Martin alone.Martin notices that the wall safe is open and looks inside,where he sees an envelope labeled "THE RECIPE." He opens it and finds that it is the list of the 42 secret herbs and spices,along with quantities and order of use.He quickly makes a copy of the recipe and returns the envelope to the safe.That afternoon,he calls Bluto's Fried Chicken,a TFC competitor,and informs Bluto's of the information he possesses,and they arrange a meeting.If Martin sells the recipe to Bluto's,who,if anyone,would be guilty of misappropriation?

Accepted Answer

A) Since the recipe was widely regarded as a trade secret and it meets the other requirements for protection, both Martin and Bluto's are guilty. Leaving the safe open was an error but not an abandonment of the secret.
b) Since the recipe was widely regarded as a trade secret and it meets the other requirements for protection, both Martin and Bluto's are guilty. Leaving the safe open was an error but not an abandonment of the secret.
c) Since the recipe was widely regarded as a trade secret and it meets the other requirements for protection, both Martin and Bluto's are guilty. Leaving the safe open was an error but not an abandonment of the secret.
d) Since the recipe was widely regarded as a trade secret and it meets the other requirements for protection, both Martin and Bluto's are guilty. Leaving the safe open was an error but not an abandonment of the secret.

Question 17

Which of the following does not have to be shown for copyright protection to be granted?

Accepted Answer

A) Value is not a consideration regarding the awarding of copyright protection.
l) Value is not a consideration regarding the awarding of copyright protection.
m) Value is not a consideration regarding the awarding of copyright protection.
n) Value is not a consideration regarding the awarding of copyright protection.

Question 18

A design patent will last for

Accepted Answer

A) Design patents run for 14 years from the filing of the application.
_) Design patents run for 14 years from the filing of the application.
`) Design patents run for 14 years from the filing of the application.
a) Design patents run for 14 years from the filing of the application.

Question 19

Cynthia hates writing term papers and reports,so when she receives an assignment to write a paper for her law class,she calls her friend Stephanie and agrees to pay Stephanie to write the paper for her.Stephanie,instead of writing the paper,copies a paper from a small,remote law journal that publishes faculty-written papers from throughout the world online.When the plagiarism is discovered,an infringement claim is brought.Cynthia is guilty of

Accepted Answer

A) Stephanie is Cynthia's agent, so as her principal, Cynthia is responsible for Stephanie's act, which in this case is an actionable infringement.
h) Stephanie is Cynthia's agent, so as her principal, Cynthia is responsible for Stephanie's act, which in this case is an actionable infringement.
i) Stephanie is Cynthia's agent, so as her principal, Cynthia is responsible for Stephanie's act, which in this case is an actionable infringement.
j) Stephanie is Cynthia's agent, so as her principal, Cynthia is responsible for Stephanie's act, which in this case is an actionable infringement.
k) Stephanie is Cynthia's agent, so as her principal, Cynthia is responsible for Stephanie's act, which in this case is an actionable infringement.

Question 20

Professor Patty is very distraught that three students in her class cannot afford to buy the 1- chapter book for the course.The book is used for two semesters,although not all students take the second semester.She finally tells the three students that she will make copies of the first 21 chapters for them,at no charge.Professor Patty makes the copies and gives each chapter to the students prior to her coverage of the relevant chapter in class.If Professor Patty is sued for copyright infringement

Accepted Answer

A) Phrases and snippets from a text may be reproduced under the fair use defense;
however, large sections such as chapters or multiple chapters may not be reproduced.
A) Phrases and snippets from a text may be reproduced under the fair use defense; however, large sections such as chapters or multiple chapters may not be reproduced.
B) Phrases and snippets from a text may be reproduced under the fair use defense; however, large sections such as chapters or multiple chapters may not be reproduced.
C) Phrases and snippets from a text may be reproduced under the fair use defense; however, large sections such as chapters or multiple chapters may not be reproduced.

Quiz 24: Intellectual Property