Question 1

Developing a process to extract new matter for other uses from existing matter is patentable.

Accepted Answer

A) True 
 B)False

Question 2

Taylor Swift wrote a letter to Apple about its 90-day Itune trial periods for customers.Apple was not going to pay royalties to artists for the free trials because it was not making money from the songs during that time.Ms.Swift asked Apple to pay the royalties via a blog post.Ms.Swift is claiming her rights as a songwriter and performer under:​

Accepted Answer

A) ​copyright law. 
B) ​infringement. 
C) something more than fair use. 
D) all of the above 
A) ​copyright law. 
B) ​infringement. 
C) something more than fair use. 
D) all of the above

Question 3

The only remedy available for patent infringement is damages.

Accepted Answer

A) True 
 B)False

Question 4

Opposition proceedings are part of the patent process outside the U.S.

Accepted Answer

A) True 
 B)False

Question 5

The book "Fort Apache" dealt with the story of a battle at a frontier fort and the film "Fort Apache: The Bronx," was a story about the challenges of police officers in battling crime in the Bronx area of New York City.The author of "Fort Apache" has brought suit against the film makers.
-What would be the basis of the suit?

Accepted Answer

A) Trade Name 
B) Trademark 
C) Copyright 
D) both a and b 
A) Trade Name 
B) Trademark 
C) Copyright 
D) both a and b

Question 6

If a major company buys one subscription to a journal for all of its employees to copy and share,the company:

Accepted Answer

A) is not liable for anything under the fair use doctrine. 
B) is liable for infringement. 
C) is not liable for infringement, but is liable for a trade secret violation. 
D) is not liable because this is clearly an educational use. 
A) is not liable for anything under the fair use doctrine. 
B) is liable for infringement. 
C) is not liable for infringement, but is liable for a trade secret violation. 
D) is not liable because this is clearly an educational use.

Question 7

"Jordache" was a trademark for designer jeans that were popular in the 1980s.A manufacturer that produced jeans for larger-sized women named their jean product "Lardashe" and used a smiling pig as part of its logo with its name.The Jordache Company brought suit against Lardashe for trademark infringement.Which of the following best describes how the court dealt with the issue?

Accepted Answer

A) The court issued an injunction against Lardashe to stop using the name. 
B) The court dismissed the claim because there was not a likelihood of confusion of the brand. 
C) The court dismissed the action because a name cannot be a trademark. 
D) The court dismissed the action because clothing is not subject to trademark identification. 
A) The court issued an injunction against Lardashe to stop using the name. 
B) The court dismissed the claim because there was not a likelihood of confusion of the brand. 
C) The court dismissed the action because a name cannot be a trademark. 
D) The court dismissed the action because clothing is not subject to trademark identification.

Question 8

Trade secrets:

Accepted Answer

A) cannot be registered. 
B) do not carry remedies if they are taken by former employees. 
C) are not a form of property and cannot be stolen. 
D) none of the above 
A) cannot be registered. 
B) do not carry remedies if they are taken by former employees. 
C) are not a form of property and cannot be stolen. 
D) none of the above

Question 9

The rock group,Led Zeppelin,had its signature hit,"Stairway to Heaven," in 1971.In 2014,the trust for Randy Wolfe,a songwriter and one of the members of a group known as Spirit,filed suit against Jimmy Page and Robert Plant of Led Zeppelin,alleging that "Stairway to Heaven" copied "Taurus," one of Spirit's instrumental tunes,which was released in 1968.Mr.Wolfe,aka Randy California,died in 1997.The case focuses on the acoustic-guitar opening of "Stairway to Heaven." Under federal copyright laws:​

Accepted Answer

A) ​the suit was brought within the time limits of the copyright protection for the song. 
B) ​the suit had to be brought by 2007. 
C) the suit cannot be brought because Mr.Wolfe is no longer alive. 
D) if there were only portions copied, there is no copyright infringement. 
A) ​the suit was brought within the time limits of the copyright protection for the song. 
B) ​the suit had to be brought by 2007. 
C) the suit cannot be brought because Mr.Wolfe is no longer alive. 
D) if there were only portions copied, there is no copyright infringement.

Question 10

Professor Winona Wright has just read an article in Fortune magazine about issues in the Enron bankruptcy.She wishes to share it with her class that morning and makes 50 copies to distribute to them.Professor Wright:

Accepted Answer

A) has infringed Fortune's copyright. 
B) has utilized the fair use exemption under copyright law. 
C) has done nothing in violation of copyright law because magazine articles are not protected under copyright law. 
D) none of the above 
A) has infringed Fortune's copyright. 
B) has utilized the fair use exemption under copyright law. 
C) has done nothing in violation of copyright law because magazine articles are not protected under copyright law. 
D) none of the above

Question 11

Discuss the potential penalties under the Industrial Espionage Act.

Accepted Answer

The penalties under the IEA for individu

Question 12

FluRight is a flu medicine developed by Medic,Inc.The packaging for FluRight bears an uncanny resemblance to the number one flu medicine on the market.The bottle is the same shape and the colors and type on the box are the same.Customers note that they have to look closely to see which brand they are buying.Describe the rights of the company that has the number one brand against Medic,Inc.

Accepted Answer

There are issues of palming off here.Als

Question 13

Why are the terms "cellophane," "aspirin," and "thermos" generic? What changes a tradename or trademarked item to a generic term?

Accepted Answer

The terms fell into common usage to refe

Question 14

When the UTSA does not apply,recovery for taking a trade secret:

Accepted Answer

A) does not exist. 
B) may exist for breach of loyalty. 
C) may exist for breach of due care. 
D) may exist for breach of accounting. 
A) does not exist. 
B) may exist for breach of loyalty. 
C) may exist for breach of due care. 
D) may exist for breach of accounting.

Question 15

Cheong Choon Ng,the owner of Rainbow Loom,developed a rubber-band jewelry making kit that has a distinctive trade dress C-shaped clip that allows kids to connect loops of rubber bands to form bracelets.The looming technique in the kit dates back to the 1800s when the technique of looping knits was called Brunnian Links.Mr.Ng says he developed the C-Clip as he watched his daughters trying to make bracelets out of tiny rubber bands.After three years of enjoying a monopoly on a hot-selling craft item,Mr.Ng faced competition from FunLoom.Mr.Ng has filed suit against FunLoom for copying the C clip in its craft kit for the rubber band bracelets.Which of the following statements by the owner of FunLoom would be the best avenue for defense against the infringement suit by Rainbow Loom?

Accepted Answer

A) "Our clip is larger." 
B) "It works the same, but it isn't the same.It just looks like it." 
C) "Is a loom something new and novel? It isn't." 
D) "This issue should be decided by competition, not the courts." 
A) "Our clip is larger." 
B) "It works the same, but it isn't the same.It just looks like it." 
C) "Is a loom something new and novel? It isn't." 
D) "This issue should be decided by competition, not the courts."

Question 16

Ted's Red Hots is a hot dog restaurant that has the shape of a hot dog in a bun,with the hot dog wearing a white chef's hat at one end.Wally's is a new hot dog restaurant that has a wiener dog shape with the wiener dog wearing a white chef's hat.Ted's probably has an infringement claim based on:

Accepted Answer

A) patent appropriation. 
B) trade dress appropriation. 
C) copyright infringement. 
D) any of the above 
A) patent appropriation. 
B) trade dress appropriation. 
C) copyright infringement. 
D) any of the above

Question 17

Knock-off goods are the same as gray market goods.

Accepted Answer

A) True 
 B)False

Question 18

To receive a permanent injunction a patent plaintiff must satisfy an established three-prong test.

Accepted Answer

A) True 
 B)False

Question 19

To be patentable,an idea must be which of these?

Accepted Answer

A) Obvious 
B) Intangible 
C) Useful 
D) All of the above 
A) Obvious 
B) Intangible 
C) Useful 
D) All of the above

Question 20

Copyrights run for the life of the creator plus 50 years.

Accepted Answer

A) True 
 B)False

Developing a process to extract new matter for other uses from existing matter is patentable.

The only remedy available for patent infringement is damages.

Opposition proceedings are part of the patent process outside the U.S.

If a major company buys one subscription to a journal for all of its employees to copy and share,the company:

Trade secrets:

Professor Winona Wright has just read an article in Fortune magazine about issues in the Enron bankruptcy.She wishes to share it with her class that morning and makes 50 copies to distribute to them.Professor Wright:

Discuss the potential penalties under the Industrial Espionage Act.

Why are the terms "cellophane," "aspirin," and "thermos" generic? What changes a tradename or trademarked item to a generic term?

When the UTSA does not apply,recovery for taking a trade secret:

Ted's Red Hots is a hot dog restaurant that has the shape of a hot dog in a bun,with the hot dog wearing a white chef's hat at one end.Wally's is a new hot dog restaurant that has a wiener dog shape with the wiener dog wearing a white chef's hat.Ted's probably has an infringement claim based on:

Knock-off goods are the same as gray market goods.

To receive a permanent injunction a patent plaintiff must satisfy an established three-prong test.

To be patentable,an idea must be which of these?

Copyrights run for the life of the creator plus 50 years.

Introduction to Law

Business Ethics and Social Responsibility

The Judicial System

Managing Disputes: Alternative Dispute Resolution and Litigation Strategies

Business and the Constitution

Administrative Law

International Law

Business Crime

Business Torts

Environmental Regulation and Sustainability

Contracts and Sales: Introduction and Formation

Contracts and Sales: Performance,Remedies,and Collection

Product Advertising and Liability

Business Competition: Antitrust

Management of Employee Conduct: Agency

Governance and Structure: Forms of Doing Business

Governance and Regulation: Securities Law

Management of Employee Welfare

Management: Employment Discrimination

Filters

Exam 15: Business and Intellectual Property Law

Developing a process to extract new matter for other uses from existing matter is patentable.

The only remedy available for patent infringement is damages.

Opposition proceedings are part of the patent process outside the U.S.

If a major company buys one subscription to a journal for all of its employees to copy and share,the company:

Trade secrets:

Professor Winona Wright has just read an article in Fortune magazine about issues in the Enron bankruptcy.She wishes to share it with her class that morning and makes 50 copies to distribute to them.Professor Wright:

Discuss the potential penalties under the Industrial Espionage Act.

Why are the terms "cellophane," "aspirin," and "thermos" generic? What changes a tradename or trademarked item to a generic term?

When the UTSA does not apply,recovery for taking a trade secret:

Ted's Red Hots is a hot dog restaurant that has the shape of a hot dog in a bun,with the hot dog wearing a white chef's hat at one end.Wally's is a new hot dog restaurant that has a wiener dog shape with the wiener dog wearing a white chef's hat.Ted's probably has an infringement claim based on:

Knock-off goods are the same as gray market goods.

To receive a permanent injunction a patent plaintiff must satisfy an established three-prong test.

To be patentable,an idea must be which of these?

Copyrights run for the life of the creator plus 50 years.

Introduction to Law

Business Ethics and Social Responsibility

The Judicial System

Managing Disputes: Alternative Dispute Resolution and Litigation Strategies

Business and the Constitution

Administrative Law

International Law

Business Crime

Business Torts

Environmental Regulation and Sustainability

Contracts and Sales: Introduction and Formation

Contracts and Sales: Performance,Remedies,and Collection

Product Advertising and Liability

Business Competition: Antitrust

Management of Employee Conduct: Agency

Governance and Structure: Forms of Doing Business

Governance and Regulation: Securities Law

Management of Employee Welfare

Management: Employment Discrimination

Filters