Question 1

A new savings and loan bank called Federal Deposit Bank applied for a trademark of its name.Why will this bank probably not receive trademark approval?
A)It is similar to an existing mark.
B)It is a generic trademark.
C)It is a deceptive mark.
D)It is a scandalous or immoral mark.

Accepted Answer

The answer of A new savings and loan bank called...

Question 2

Which is NOT a provision of the Digital Millennium Copyright Act?
A)It is illegal to delete copyright information or distribute false copyright information.
B)It is illegal to use copyrighted material under any circumstances without permission of the creator.
C)It is illegal to circumvent encryption or scrambling technologies that protect copyrighted works.
D)It is illegal to distribute tools and technologies designed to circumvent encryption devices.

Accepted Answer

The provision "It is illegal to use copyrighted material under any circumstances without permission of the creator" is not entirely accurate. The DMCA provides some exceptions, including fair use, which allows for limited use of copyrighted material without permission in certain circumstances.

Question 3

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 invent it.
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 U.S. patent law, an inventor must apply for a patent within one year of selling the product commercially, or else they lose the opportunity to get a patent. Therefore, option A is the best choice. Option B is incorrect because the first to file the patent application is usually entitled to the patent. Option C is incorrect because provisional applications do not provide patent protection, and they must be followed up with a regular patent application within 12 months. Option D is incorrect because selling the product for five years before filing a patent application would lead to losing the opportunity to obtain a patent.

Question 4

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. Certification marks are used to assure consumers that a product or service has met a certain standard or criteria set by an independent third party. In this case, the Good Housekeeping Institute evaluates products and services and awards the seal to those that meet their quality and performance standards.

Question 5

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 distinguish their services and distinguish them from other fast food chains. Thus, they are service marks.

Question 6

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 twice the actual damages.
B)an injunction to prevent further infringement.
C)any profits Kub Kadet makes on its infringing product going forward.
D)a public apology.

Accepted Answer

An injunction to prevent further infringement is a common remedy in trademark infringement cases, as it directly addresses the issue of stopping the infringing party from continuing to use the trademark in a way that could confuse consumers.

Question 7

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 that is printed in her college's copy center.The packet is then placed on the required materials list for students to purchase and is sold in the local book store.The author of the book 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 professor's actions constitute copyright infringement as she copied a substantial portion of the book and sold it for profit without permission from the author or publisher. The fair use doctrine allows for limited use of copyrighted material for educational purposes, but this use goes beyond what is considered fair use. Additionally, the exemption for educational personnel under copyright law does not apply in this case as the professor sold the material for profit.

Question 8

Jason and Stacey posted a copy of their favorite movie,Frozen,on YouTube.When YouTube realized it was posted,it removed it to avoid breaking copyright laws and was not liable for the posting.This is known as
A)a legal reaction.
B)a safe harbor.
C)the digital solution.
D)copyright liability.

Accepted Answer

This scenario describes the concept of safe harbor, where YouTube is not liable for the copyright infringement of its users as long as it promptly removes infringing content upon notification.

Question 9

Which of the following cases concerned a trade secret?
A)Association for Molecular Pathology v.Myriad Genetics,Inc.
B)Bikram's Yoga College of India,L.P.v.Evolation Yoga,LLC
C)AMF Inc.v.Sleekcraft Boats
D)CDM Media USA,Inc.v.Simms

Accepted Answer

CDM Media USA, Inc. v. Simms is a case that involved issues related to trade secrets, specifically the misappropriation of confidential information.

Question 10

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

A trade secret can last indefinitely as long as it is kept confidential. Unlike patents, there is no expiration date or term limit for trade secrets. It is up to the company to protect their trade secrets from being disclosed or misappropriated by others.

Question 11

Intellectual property is
A)protected in the same way as land.
B)exclusive.
C)expensive to produce but cheap to reproduce and transmit.
D)expensive to produce,copy,and transmit.

Accepted Answer

Intellectual property is expensive to produce but cheap to reproduce and transmit.

Question 12

NikeShoes.com produces a running shoe that it sells in the United States.The shoe has a check mark on the side,uses inferior materials,and is made using child labor.Nike,Inc.sues NikeShoes for trademark infringement under the Federal Trademark Dilution Act of 1995.What is likely to be the grounds for this suit?
A)NikeShoes is diluting the value of Nike,Inc.'s product and tarnishing its image.
B)NikeShoes is not paying Nike,Inc.a percentage of its sales.
C)Nike,Inc.does not want its products compared to competitors.
D)NikeShoes should not have been awarded a trademark for the check mark on its shoes.

Accepted Answer

The grounds for this suit are likely to be that NikeShoes is diluting the value of Nike, Inc.'s product and tarnishing its image by using a similar trademark (the check mark) on an inferior product that is made using child labor. This is a classic case of trademark dilution, which occurs when a trademark is used in a way that diminishes its distinctiveness and reputation. By using a similar trademark on an inferior product, NikeShoes is likely to cause confusion among consumers and damage Nike, Inc.'s brand. As such, Nike, Inc. has a strong case for trademark infringement under the Federal Trademark Dilution Act of 1995.

Question 13

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 because he had used it in his home state,even though he hadn't registered it.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)No,but Don can register the mark after it has been 10 years since Victoria registered it because Victoria cannot renew it.

Accepted Answer

Don will not prevail because federal trademark registration under the Lanham Act provides nationwide protection, and the fact that Don used the mark in his home state without registering it does not override Victoria's federal registration. Additionally, the time factor mentioned implies that Don's delay in asserting his rights could be detrimental to his case.

Question 14

What is the best definition of a trade secret?
A)A formula,device,process,method,or compilation of information that,when used in business,gives the owner an advantage over competitors.
B)Any combination of words and symbols that a business uses to identify its products or services and distinguish them from others.
C)The right of an inventor to prevent others from making,using,or selling his inventions for a limited time.
D)The right of a creator to exclusively reproduce,distribute,and perform her work for a limited time.

Accepted Answer

A trade secret is a formula, device, process, method or compilation of information that is not generally known, has commercial value and gives the owner an advantage over competitors.

Answer: B, C, and D are not correct
 B describes a trademark, C describes a patent, and D describes copyright. These are distinct types of intellectual property, different from trade secrets.

Question 15

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 after it is registered, but it can be renewed for an unlimited number of terms as long as it is being used.

Question 16

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 treaty that allows American patents to be recognized and enforced in member countries is the Paris Convention for the Protection of Industrial Property. It was signed in 1883 and has been amended several times to keep up with changes in technology and global trade. It currently has over 170 member countries.

Question 17

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 18

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 1,500 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 either copied his work or had access to it, and that the two works are substantially similar. It is not necessary for him to prove that he sustained money damages as a result of the infringement or that he registered the song for a copyright (although registration does provide additional legal protection and benefits). Choice A is incorrect because proving substantial similarity is not enough on its own to prove copyright infringement.

Question 19

There are three categories of valid,distinctive marks.Which is NOT one of them?
A)fanciful marks
B)suggestive marks
C)generic marks
D)descriptive marks

Accepted Answer

The three categories of valid, distinctive marks are fanciful, suggestive, and descriptive marks. Generic marks are not valid trademarks or service marks because they are names, terms, or designs that are commonly used to describe a particular product or service and therefore cannot be used to identify a particular source of goods or services.

Question 20

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)parody.
C)mockarama.
D)link.

Accepted Answer

A parody is a humorous or satirical imitation of something, in this case a popular song, usually with different lyrics.

Quiz 41: Intellectual Property

A new savings and loan bank called Federal Deposit Bank applied for a trademark of its name.Why will this bank probably not receive trademark approval?

Which is NOT a provision of the Digital Millennium Copyright Act?

Ernest invents a novel,useful,nonobvious product.He

The Good Housekeeping Seal of Approval is an example of a

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

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

Jason and Stacey posted a copy of their favorite movie,Frozen,on YouTube.When YouTube realized it was posted,it removed it to avoid breaking copyright laws and was not liable for the posting.This is known as

Which of the following cases concerned a trade secret?

A company's trade secret lasts for

Intellectual property is

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 because he had used it in his home state,even though he hadn't registered it.Will Don prevail?

What is the best definition of a trade secret?

A trademark lasts for

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

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?

There are three categories of valid,distinctive marks.Which is NOT one of them?

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