Question 1

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

Accepted Answer

A) True 
 B)False  True

Question 2

Rick wrote a song entitled "Wonderful." At the bottom of the first page of music he wrote "© 1990 by Rick Reed." Four months later a local band was playing his song at a bar.Rick felt that the bar was an inappropriate setting for his music.What is his remedy?

Accepted Answer

Musical works are protected by the Copyright Act.Thus,as a creator of the song,Rick has the benefit of copyright protection.Moreover,Rick has provided public notice of his copyright by indicating the copyright symbol,the date,and his name on the music.If he has registered the copyright with the Library of Congress,Rick's recourse is to bring an action for copyright infringement against the band for using the music without permission.Rick will be entitled to an injunction ordering the band to refrain from playing his song and possibly damages and profits earned by the band's use of the song.Penalties for intentional copyright infringement are heavier than for unintentional violations,and the presence of a copyright notice is evidence that the infringer's actions were intentional.

Question 3

The advantages of trademark registration include all EXCEPT:

Accepted Answer

A)  potential damages are higher. 
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)  the mark is valid nationally. 
A)  potential damages are higher. 
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)  the mark is valid nationally. C

Question 4

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:

Accepted Answer

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. 
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.

Question 5

The law that protects financial services from being infringed on is:

Accepted Answer

A)  America Invents Act 
B)  Uniform Trade Secrets Act 
C)  Anticybersquatting Consumer Protection Act 
D)  The Lanham Act 
A)  America Invents Act 
B)  Uniform Trade Secrets Act 
C)  Anticybersquatting Consumer Protection Act 
D)  The Lanham Act

Question 6

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?

Accepted Answer

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. 
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.

Question 7

The requirements for a patent include all EXCEPT:

Accepted Answer

A)  the invention must be novel. 
B)  the invention must be nonobvious. 
C)  the invention must be commercially valuable. 
D)  the invention must be useful. 
A)  the invention must be novel. 
B)  the invention must be nonobvious. 
C)  the invention must be commercially valuable. 
D)  the invention must be useful.

Question 8

Christy and Sylvester trade movies by downloading each other's movie files.If the copyrighted material has a retail value greater than $1,000,Christy and Sylvester are subject to criminal penalties under the No Electronic Theft Act,even if they had no profit motive in reproducing the movies.

Accepted Answer

A) True 
 B)False

Question 9

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

Accepted Answer

A)  Crunchy peanut butter. 
B)  Low-fat peanut butter. 
C)  Green peas. 
D)  yStar peanuts. 
A)  Crunchy peanut butter. 
B)  Low-fat peanut butter. 
C)  Green peas. 
D)  yStar peanuts.

Question 10

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?

Accepted Answer

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. 
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.

Question 11

If you buy a CD you do not like you are entitled to:

Accepted Answer

A)  Financial damages 
B)  Sell it to anyone you want 
C)  Copy it to your hard drive and then sell the physical CD. 
D)  None of the answers are correct 
A)  Financial damages 
B)  Sell it to anyone you want 
C)  Copy it to your hard drive and then sell the physical CD. 
D)  None of the answers are correct

Question 12

Which of the following started out as a trademark name?

Accepted Answer

A)  Zipper. 
B)  Linoleum. 
C)  Nylon. 
D)  All the above. 
A)  Zipper. 
B)  Linoleum. 
C)  Nylon. 
D)  All the above.

Question 13

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

Accepted Answer

A) True 
 B)False

Question 14

The first person to use a mark in trade,owns it.

Accepted Answer

A) True 
 B)False

Question 15

The name "Johnson" 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) True 
 B)False

Question 16

A company's trade secret lasts for:

Accepted Answer

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. 
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.

Question 17

In the first decade of this century,music sales at American record labels declined by:

Accepted Answer

A)  58% 
B)  3% 
C)  75% 
D)  20% 
A)  58% 
B)  3% 
C)  75% 
D)  20%

Question 18

In Lapin v.Seinfeld the issue was whether:

Accepted Answer

A)  a vaguely similar approach could be used as copyright infringement. 
B)  the use of macaroni and cheese was a copyright infringement 
C)  The name of two books had to be substantially 
D)  whether a paperback and a hardcover were the same category in copyright law 
A)  a vaguely similar approach could be used as copyright infringement. 
B)  the use of macaroni and cheese was a copyright infringement 
C)  The name of two books had to be substantially 
D)  whether a paperback and a hardcover were the same category in copyright law

Question 19

A patent must be novel,nonobvious and useful..

Accepted Answer

A) True 
 B)False

Question 20

The Digital Millennium Copyright Act:

Accepted Answer

A)  It is illegal to delete copyright information from an article 
B)  It is illegal to circumvent encryption or scrambling devices that protect copyrighted works 
C)  It is illegal to distribute tools and technologies used to circumvent encryption devices 
D)  all of these answers are correct 
A)  It is illegal to delete copyright information from an article 
B)  It is illegal to circumvent encryption or scrambling devices that protect copyrighted works 
C)  It is illegal to distribute tools and technologies used to circumvent encryption devices 
D)  all of these answers are correct

Exam 28: Intellectual Property

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

Rick wrote a song entitled "Wonderful." At the bottom of the first page of music he wrote "© 1990 by Rick Reed." Four months later a local band was playing his song at a bar.Rick felt that the bar was an inappropriate setting for his music.What is his remedy?

The advantages of trademark registration include all EXCEPT:

The law that protects financial services from being infringed on is:

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?

The requirements for a patent include all EXCEPT:

Christy and Sylvester trade movies by downloading each other's movie files.If the copyrighted material has a retail value greater than $1,000,Christy and Sylvester are subject to criminal penalties under the No Electronic Theft Act,even if they had no profit motive in reproducing the movies.

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

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?

If you buy a CD you do not like you are entitled to:

Which of the following started out as a trademark name?

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

The first person to use a mark in trade,owns it.

The name "Johnson" cannot be a trademark because a surname is already being used and other people have the right to continue to use the name.

A company's trade secret lasts for:

In the first decade of this century,music sales at American record labels declined by:

In Lapin v.Seinfeld the issue was whether:

A patent must be novel,nonobvious and useful..

The Digital Millennium Copyright Act:

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