Question 1

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

Accepted Answer

The fair use doctrine provides a defense against copyright infringement in certain circumstances, but it does not provide blanket protection for instructors. Instructors may still be liable for copyright violations if they do not adhere to the guidelines for fair use, which include factors such as the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect on the market for the original work.

Question 2

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.

Question 3

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 4

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

A surname can be trademarked if it has acquired distinctiveness or secondary meaning in the marketplace, indicating that the name is recognized by the public as identifying the goods or services of a particular source.

Question 5

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 6

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

Accepted Answer

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

Question 7

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

Accepted Answer

The Supreme Court has actually held that parody of copyrighted material can be considered fair use and therefore not a violation of copyright law. However, the specific circumstances of each case must be evaluated to determine whether the use qualifies as fair use.

Question 8

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

Accepted Answer

This is known as "genericide," and it has happened to several trademarked names such as aspirin, escalator, and yo-yo. Once a trademarked name becomes too commonly used as a generic term for a product or service, the owner loses the exclusive right to use and protect it as a trademark.

Question 9

​The Trademark Law Treaty made it more difficult to apply for trademarks around the world.

Accepted Answer

The Trademark Law Treaty actually made it easier to apply for trademarks around the world by simplifying and harmonizing the trademark application process across participating countries.

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 trade secrets can result in liability for double damages under the Uniform Trade Secrets Act.

Question 11

The Basic Books,Inc.v.Kinko's Graphic Corp.case held that
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)students could print and sell lengthy course packets of copyrighted material under the "fair use" doctrine.

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. Kinko's, a commercial copying service, had allowed professors to assemble and sell course readings to students without obtaining permission from the copyright owners, which was ruled to be copyright infringement.

Question 12

Of the following,which is an advantage of trademark registration?
A)Potential damages are lower.
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)It can't be used as an internet domain name.

Accepted Answer

After five years of registration, a trademark becomes "incontestable" under U.S. law, meaning its validity is almost impossible to challenge, providing a significant advantage to the trademark owner.

Question 13

The vast majority of patents that are issued are
A)design patents.
B)plant patents.
C)utility patents.
D)intellectual patents.

Accepted Answer

According to the United States Patent and Trademark Office (USPTO), utility patents, which cover inventions or discoveries of new or useful processes, machines, articles of manufacture, or compositions of matter, make up the vast majority of patents that are issued. As of 2019, utility patents accounted for over 90% of all patents issued by the USPTO. Therefore, choice C is the best answer.

Question 14

A plant patent lasts for
A)14 years from the date of issuance.
B)70 years after the death of the person who filed the patent.
C)20 years from the date of application.
D)the life of the person who filed the patent.

Accepted Answer

A plant patent lasts for 20 years from the date of filing the patent application. This is different from utility patents, which last for 20 years from the date of filing or priority date (whichever is earlier).

Question 15

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

Accepted Answer

The duration of copyright protection has been extended multiple times over the years, and currently, for works created by individuals, it lasts for the life of the creator plus 70 years after their death. For works made for hire, anonymous or pseudonymous works, and works created before 1978, the duration may differ.

Question 16

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)the infringer actually copied the work.

Accepted Answer

The copyright holder must prove that the infringer actually copied their work in order to collect money damages. Intentional or unintentional, and the amount of damages sustained, are factors that can impact the amount of damages awarded but are not required to prove infringement. The use of the copyright symbol, name of the copyright holder, and year of copyright can help establish ownership, but failure to use them does not invalidate the copyright.

Question 17

​Clarissa trademarked her new company Samjack after her two sons Sam and Jack.This would be considered a fanciful trademark.

Accepted Answer

A fanciful trademark is a made-up word or combination of letters with no prior meaning, like Samjack in this case.

Question 18

Only civil penalties can be incurred under the Uniform Trade Secrets Act.​

Accepted Answer

The Uniform Trade Secrets Act (UTSA) provides for both civil and criminal penalties for the misappropriation of trade secrets.

Question 19

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

Accepted Answer

Copyright law does not require that the ideas underlying a work of authorship be original or new. Only the expression of those ideas in a fixed, tangible form is protected by copyright.

Question 20

​Bisha created a new recipe for a sandwich spread and applied for a patent to protect her trade secret.She is likely to receive this patent.

Accepted Answer

Patents are granted for inventions that are novel, non-obvious, and useful. A recipe for a sandwich spread may not meet these criteria, and therefore, may not be eligible for a patent. Additionally, patents do not protect trade secrets, as they require public disclosure of the invention. Bisha may want to seek other forms of legal protection, such as a trademark or a non-disclosure agreement.

Quiz 41: Intellectual Property

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

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

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.

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.

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

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

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

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

​The Trademark Law Treaty made it more difficult to apply for trademarks around the world.

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.

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

Of the following,which is an advantage of trademark registration?

The vast majority of patents that are issued are

A plant patent lasts for

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

In order for a copyright holder to collect money damages from a person who used copyrighted material,it must be proven that

​Clarissa trademarked her new company Samjack after her two sons Sam and Jack.This would be considered a fanciful trademark.

Only civil penalties can be incurred under the Uniform Trade Secrets Act.​

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

​Bisha created a new recipe for a sandwich spread and applied for a patent to protect her trade secret.She is likely to receive this patent.

The Trademark Law Treaty made it more difficult to apply for trademarks around the world.

Clarissa trademarked her new company Samjack after her two sons Sam and Jack.This would be considered a fanciful trademark.

Only civil penalties can be incurred under the Uniform Trade Secrets Act.

Bisha created a new recipe for a sandwich spread and applied for a patent to protect her trade secret.She is likely to receive this patent.