Question 1

The __________ doctrine provides that copyright protection does not extend to the useful application of an idea.

Accepted Answer

A)  useful article 
B)  utility 
C)  equivalents 
D)  design 
A)  useful article 
B)  utility 
C)  equivalents 
D)  design A

Question 2

Which of the following is an example of an arbitrary trademark?

Accepted Answer

A)  Camel 
B)  Kodak 
C)  Exxon 
D)  Clorox 
A)  Camel 
B)  Kodak 
C)  Exxon 
D)  Clorox A

Question 3

The term,"Holiday Inn" has a(n)__________,because the public associates the term with a particular provider of hotel services.

Accepted Answer

A)  suggestive mark 
B)  service mark 
C)  secondary meaning 
D)  certification mark 
A)  suggestive mark 
B)  service mark 
C)  secondary meaning 
D)  certification mark C

Question 4

Chef Susan has developed a great new recipe for homemade ice cream that she serves at her restaurant.She would like to keep the recipe secret and prevent anyone else from using it.What four areas should a trade secret program cover?

Accepted Answer

A trade secret program should

Question 5

Once the Patent and Trademark Office issues a patent,a court may not find it invalid.

Accepted Answer

A) True 
 B)False

Question 6

When an idea and its expression are inseparable,the __________ doctrine dictates that the expression is not copyrightable.

Accepted Answer

A)  merger 
B)  genericism 
C)  prior art 
D)  protected expression 
A)  merger 
B)  genericism 
C)  prior art 
D)  protected expression

Question 7

A __________ placed on a product indicates that the product has met the certifier's standards of safety or quality.

Accepted Answer

A)  certification mark 
B)  trademark 
C)  service mark 
D)  trade name 
A)  certification mark 
B)  trademark 
C)  service mark 
D)  trade name

Question 8

A descriptive mark that is initially unavailable for protection can still become protectable if it acquires __________ meaning.

Accepted Answer

A)  descriptive 
B)  geographic 
C)  personal 
D)  secondary 
A)  descriptive 
B)  geographic 
C)  personal 
D)  secondary

Question 9

Trade secrets are protected for an indefinite time.

Accepted Answer

A) True 
 B)False

Question 10

As a matter of law,a combination of two inventions cannot be considered nonobvious.

Accepted Answer

A) True 
 B)False

Question 11

Fact Pattern 11-1
Samantha develops a new type of comb that effectively removes loose dog hair and eliminates problems with shedding. Samantha had never seen such a comb on the market and was very surprised when she received notification that she was being sued for patent infringement by the holder of a patent on a similar type of comb. Samantha investigates and determines that the earlier patent was valid. Her friend Harry, a first year law student told her that she could not be guilty of patent infringement because she was not aware of the earlier patent, and that she should proceed to at least sell the rest of her inventory.
-Refer to Fact Pattern 11-1.Assuming the validity of the earlier patent,which of the following is true regarding Harry's statement that Samantha could not be guilty of patent infringement because she was unaware of the earlier patent when she began marketing her combs?

Accepted Answer

A)  Harry was correct. 
B)  Harry was incorrect, and Samantha can be held liable for direct patent infringement. 
C)  Harry was incorrect, and Samantha can be held liable for indirect patent infringement. 
D)  Harry was incorrect, and Samantha can be held liable for contributory patent infringement. 
A)  Harry was correct. 
B)  Harry was incorrect, and Samantha can be held liable for direct patent infringement. 
C)  Harry was incorrect, and Samantha can be held liable for indirect patent infringement. 
D)  Harry was incorrect, and Samantha can be held liable for contributory patent infringement.

Question 12

The CASE 11.3 Kirtsaeng v.John Wiley & Sons,Inc.(2013)involves the __________ which holds that once a copyright owner sells a copyrighted product,the owner cannot prevent its resale or transfer to others.

Accepted Answer

A)  Contributory Copyright Doctrine 
B)  Copyright Misuse Doctrine 
C)  Fair Use Doctrine 
D)  First Sale Doctrine 
A)  Contributory Copyright Doctrine 
B)  Copyright Misuse Doctrine 
C)  Fair Use Doctrine 
D)  First Sale Doctrine

Question 13

Discuss in detail common law rights,if any,in a trademark in the U.S.

Accepted Answer

The first person to sell the goods under

Question 14

Which of the following is considered in determining whether use of copyrighted material constitutes fair use?

Accepted Answer

A)  Only the amount of the work used. 
B)  (1) The amount of the work used, and (2) the economic effect of the use on the copyright owner. 
C)  (1) The economic effect of the use on the copyright owner, (2) the nature of the work used, and (3) the amount of the work used. 
D)  (1) The purpose and character of the use, (2) the economic effect of the use on the copyright owner, (3) the nature of the work used, and (4) the amount of the work used. 
A)  Only the amount of the work used. 
B)  (1) The amount of the work used, and (2) the economic effect of the use on the copyright owner. 
C)  (1) The economic effect of the use on the copyright owner, (2) the nature of the work used, and (3) the amount of the work used. 
D)  (1) The purpose and character of the use, (2) the economic effect of the use on the copyright owner, (3) the nature of the work used, and (4) the amount of the work used.

Question 15

When may a defendant be held liable for vicarious copyright liability?

Accepted Answer

A)  So long as it can be shown that the defendant has the right and ability to control the infringer's acts. 
B)  So long as it can be shown that the defendant receives a direct financial benefit from the infringement. 
C)  When he defendant has the right and ability to control the infringer's acts and receives a direct financial benefit from the infringement. 
D)  Never because vicarious copyright liability is not recognized. 
A)  So long as it can be shown that the defendant has the right and ability to control the infringer's acts. 
B)  So long as it can be shown that the defendant receives a direct financial benefit from the infringement. 
C)  When he defendant has the right and ability to control the infringer's acts and receives a direct financial benefit from the infringement. 
D)  Never because vicarious copyright liability is not recognized.

Question 16

Some courts have recognized a form of employee trade secret misappropriate under the __________ Doctrine,which recognizes that former employees who go to work for a competitor in a similar capacity will eventually disclose trade secrets gained in their former employment.

Accepted Answer

A)  Registered Trademark Secret 
B)  Uniform Trade Secret 
C)  Inevitable Disclosure 
D)  Constructive Abandonment 
A)  Registered Trademark Secret 
B)  Uniform Trade Secret 
C)  Inevitable Disclosure 
D)  Constructive Abandonment

Question 17

The practice of __________ occurs when an individual registers a famous trademark as an Internet domain name and then offer to sell the domain name to the trademark owner for a ransom.

Accepted Answer

A)  Internet trademark abuse 
B)  domain misuse 
C)  domain / trademark harassment 
D)  cybersquatting 
A)  Internet trademark abuse 
B)  domain misuse 
C)  domain / trademark harassment 
D)  cybersquatting

Question 18

In CASE 11.2 American Broadcasting Companies,Inc.v.Aereo,Inc.(2014),the U.S.Supreme Court ruled for American Broadcasting Companies,finding that Aereo had:

Accepted Answer

A)  engaged in direct copyright infringement when it publicly performed ABC's live broadcasts. 
B)  engaged in contributory copyright infringementwhen it publicly performed ABC's live broadcasts. 
C)  engaged in vicarious copyright infringementwhen it publicly performed ABC's live broadcasts. 
D)  violated the first sale doctrine by publicly performing ABC's live broadcasts. 
A)  engaged in direct copyright infringement when it publicly performed ABC's live broadcasts. 
B)  engaged in contributory copyright infringementwhen it publicly performed ABC's live broadcasts. 
C)  engaged in vicarious copyright infringementwhen it publicly performed ABC's live broadcasts. 
D)  violated the first sale doctrine by publicly performing ABC's live broadcasts.

Question 19

Terms that were once enforceable trademarks may become generic and thereby not protected.

Accepted Answer

A) True 
 B)False

Question 20

Priscilla bought a new CD with her favorite Christmas music on it.She promptly proceeded to copy it for 15 of her best friends,including Brenda,and provided it free of charge.Unknown to Priscilla,Brenda's brother,Chris,was a member of the band.When he found out how Brenda got the disk,he angrily called Priscilla and accused her of copyright infringement.Is he correct that Priscilla is guilty of copyright infringement?

Accepted Answer

A)  It is unlikely that Priscilla is guilty of copyright infringement because of the fair use doctrine. 
B)  It is unlikely that Priscilla is guilty of copyright infringement because of the merger doctrine. 
C)  It is unlikely that Priscilla is guilty of copyright infringement because she did not charge her friends for the copies and did not mass produce the CD. 
D)  It is likely that Priscilla would be found guilty of copyright infringement. 
A)  It is unlikely that Priscilla is guilty of copyright infringement because of the fair use doctrine. 
B)  It is unlikely that Priscilla is guilty of copyright infringement because of the merger doctrine. 
C)  It is unlikely that Priscilla is guilty of copyright infringement because she did not charge her friends for the copies and did not mass produce the CD. 
D)  It is likely that Priscilla would be found guilty of copyright infringement.

Exam 11: Intellectual Property.

The __________ doctrine provides that copyright protection does not extend to the useful application of an idea.

Which of the following is an example of an arbitrary trademark?

The term,"Holiday Inn" has a(n)__________,because the public associates the term with a particular provider of hotel services.

Chef Susan has developed a great new recipe for homemade ice cream that she serves at her restaurant.She would like to keep the recipe secret and prevent anyone else from using it.What four areas should a trade secret program cover?

Once the Patent and Trademark Office issues a patent,a court may not find it invalid.

When an idea and its expression are inseparable,the __________ doctrine dictates that the expression is not copyrightable.

A __________ placed on a product indicates that the product has met the certifier's standards of safety or quality.

A descriptive mark that is initially unavailable for protection can still become protectable if it acquires __________ meaning.

Trade secrets are protected for an indefinite time.

As a matter of law,a combination of two inventions cannot be considered nonobvious.

The CASE 11.3 Kirtsaeng v.John Wiley & Sons,Inc.(2013)involves the __________ which holds that once a copyright owner sells a copyrighted product,the owner cannot prevent its resale or transfer to others.

Discuss in detail common law rights,if any,in a trademark in the U.S.

Which of the following is considered in determining whether use of copyrighted material constitutes fair use?

When may a defendant be held liable for vicarious copyright liability?

Some courts have recognized a form of employee trade secret misappropriate under the __________ Doctrine,which recognizes that former employees who go to work for a competitor in a similar capacity will eventually disclose trade secrets gained in their former employment.

The practice of __________ occurs when an individual registers a famous trademark as an Internet domain name and then offer to sell the domain name to the trademark owner for a ransom.

In CASE 11.2 American Broadcasting Companies,Inc.v.Aereo,Inc.(2014),the U.S.Supreme Court ruled for American Broadcasting Companies,finding that Aereo had:

Terms that were once enforceable trademarks may become generic and thereby not protected.

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Sources of Law, Courts, and Dispute Resolution.

Constitutional Bases for Business Regulation.

Agency.

Administrative Law.

Contracts.

Sales, Licensing, and E-Commerce.

Torts and Privacy Protection.

Product Liability.

The Employment Agreement.

Civil Rights and Employment Discrimination.

Criminal Law.

Environmental Law and Sustainability.

Antitrust.

Consumer Protection.

Real Property and Land Use.

Forms of Business Organizations.

Directors, Officers, and Controlling Shareholders.

Public and Private Offerings of Securities.

Securities Fraud and Insider Trading.

Debtor-Creditor Relations and Bankruptcy.

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