Question 1

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

Accepted Answer

A) True 
 B)False

Question 2

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

Accepted Answer

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) None of the above. 
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) None of the above.

Question 3

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

A) True 
 B)False

Question 4

Jason and Stacey go to the movie theater and decide to use a camcorder to film the show so they can watch it again with their friends later at home.They have:

Accepted Answer

A) made an ethical,legal,wise economic decision since the cost of viewing the movie in the theater again is too high for their limited budget. 
B) violated the Family Entertainment and Copyright Act,and committed a criminal offense. 
C) violated the No Electronic Theft Act. 
D) committed an illegal act by violating the Digital Millennium Copyright Act. 
A) made an ethical,legal,wise economic decision since the cost of viewing the movie in the theater again is too high for their limited budget. 
B) violated the Family Entertainment and Copyright Act,and committed a criminal offense. 
C) violated the No Electronic Theft Act. 
D) committed an illegal act by violating the Digital Millennium Copyright Act.

Question 5

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

Accepted Answer

A) True 
 B)False

Question 6

AVCO used a famous registered trademark of BNC,Inc.in a manner that reduced its value.This is a violation of the:

Accepted Answer

A) Federal Fair Use Act. 
B) Federal Trademark Dilution Act. 
C) Federal Trade Protection Act. 
D) Cleveland/Myer Act. 
A) Federal Fair Use Act. 
B) Federal Trademark Dilution Act. 
C) Federal Trade Protection Act. 
D) Cleveland/Myer Act.

Question 7

Identify the main provisions of the Digital Millennium Copyright Act and two arguments opponents of the Act raise.

Accepted Answer

The Digital Millennium Copyright Act (DM

Question 8

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 9

A trademark 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 10

In a recent case,In re Nuijten,the U.S.appeals court ruled that a method of encoding additional information on electronic signals emitted from digital audio files was not patentable because,although useful,the method was not a mechanical,electrical,or chemical invention,a process,a machine,or the composition of matter.

Accepted Answer

A) True 
 B)False

Question 11

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) True 
 B)False

Question 12

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 13

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 Copyr

Question 14

Explain what a domain name is.Discuss if and how a domain name can be registered as a trademark or if a trademark can be registered as a domain name.

Accepted Answer

A domain name is an Internet address,and

Question 15

Janice wrote a song called "Feelings of Love." She wrote the piano score and lyrics for a class she was taking at college and turned it into her professor.

Accepted Answer

A) Janice's song was automatically copyrighted when she wrote it down on paper. 
B) If Janice wishes to enforce her copyright,she must first register her song with the Copyright Office. 
C) Both of the above are correct. 
D) Neither a nor b 
A) Janice's song was automatically copyrighted when she wrote it down on paper. 
B) If Janice wishes to enforce her copyright,she must first register her song with the Copyright Office. 
C) Both of the above are correct. 
D) Neither a nor b

Question 16

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

Accepted Answer

A) suggestive mark. 
B) service mark. 
C) certification mark. 
D) collective mark. 
A) suggestive mark. 
B) service mark. 
C) certification mark. 
D) collective mark.

Question 17

Briefly define a patent,copyright,and trademark and distinguish among them.

Accepted Answer

Patent - Patent is a federal right of ex

Question 18

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

Accepted Answer

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) None of the above. 
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) None of the above.

Question 19

The Good Housekeeping Seal of Approval is an example of a:

Accepted Answer

A) trademark. 
B) service mark. 
C) collective mark. 
D) certification mark. 
A) trademark. 
B) service mark. 
C) collective mark. 
D) certification mark.

Question 20

Ernest invents a novel,useful,nonobvious product.He:

Accepted Answer

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 get a company to produce it commercially. 
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. 
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 get a company to produce it commercially. 
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.

Exam 33: Intellectual Property

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

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

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.

Jason and Stacey go to the movie theater and decide to use a camcorder to film the show so they can watch it again with their friends later at home.They have:

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

AVCO used a famous registered trademark of BNC,Inc.in a manner that reduced its value.This is a violation of the:

Identify the main provisions of the Digital Millennium Copyright Act and two arguments opponents of the Act raise.

A company's trade secret lasts for:

A trademark lasts for:

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.

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.

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?

Explain what a domain name is.Discuss if and how a domain name can be registered as a trademark or if a trademark can be registered as a domain name.

Janice wrote a song called "Feelings of Love." She wrote the piano score and lyrics for a class she was taking at college and turned it into her professor.

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

Briefly define a patent,copyright,and trademark and distinguish among them.

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

The Good Housekeeping Seal of Approval is an example of a:

Ernest invents a novel,useful,nonobvious product.He:

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