Question 1

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

Accepted Answer

A) True 
 B)False

Question 2

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

Accepted Answer

A) fanciful marks 
B) suggestive marks 
C) generic marks 
D) descriptive marks 
A) fanciful marks 
B) suggestive marks 
C) generic marks 
D) descriptive marks

Question 3

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

Accepted Answer

A) True 
 B)False

Question 4

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 5

​Clarissa trademarked her new company Samjack after her two sons Sam and Jack. This would be considered a fanciful trademark.

Accepted Answer

A) True 
 B)False

Question 6

A plant patent lasts for

Accepted Answer

A) 14 years from the date of issuance. 
B) 70 years after the death of the person who filed the patent. 
C) 20 years from the date of application. 
D) the life of the person who filed the patent. 
A) 14 years from the date of issuance. 
B) 70 years after the death of the person who filed the patent. 
C) 20 years from the date of application. 
D) the life of the person who filed the patent.

Question 7

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. W hat is likely to be the grounds for this suit?

Accepted Answer

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. 
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.

Question 8

The vast majority of patents that are issued are

Accepted Answer

A) design patents. 
B) plant patents. 
C) utility patents. 
D) intellectual patents. 
A) design patents. 
B) plant patents. 
C) utility patents. 
D) intellectual patents.

Question 9

The Supreme Court has held that parody of copyrighted material is a violation of copyright law.

Accepted Answer

A) True 
 B)False

Question 10

Rick wrote a song entitled "Wonderful." At the bottom of the first page of the music, he wrote "© 2018 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 11

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 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. 
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.

Question 12

Only civil penalties can be incurred under the Uniform Trade Secrets Act. ​

Accepted Answer

A) True 
 B)False

Question 13

Explain what a trademark is, and list the four different types of "marks" that can be protected under trademark law. Explain how each mark is used.

Accepted Answer

A trademark is any combination of words

Question 14

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 15

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

Accepted Answer

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. 
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.

Question 16

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

Accepted Answer

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. 
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.

Question 17

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

Accepted Answer

A) a legal reaction. 
B) a safe harbor. 
C) the digital solution. 
D) copyright liability. 
A) a legal reaction. 
B) a safe harbor. 
C) the digital solution. 
D) copyright liability.

Question 18

Intellectual property is

Accepted Answer

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. 
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.

Question 19

Which of the following cases concerned a trade secret?

Accepted Answer

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 
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

Question 20

Martina developed a new type of apple tree which could be reproduced through grafting. She cannot protect her rights in this tree by obtaining a plant patent since the tree cannot be reproduced by planting its seeds.

Accepted Answer

A) True 
 B)False

Exam 24: Intellectual Property

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

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

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

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.

​Clarissa trademarked her new company Samjack after her two sons Sam and Jack. This would be considered a fanciful trademark.

A plant patent lasts for

The vast majority of patents that are issued are

The Supreme Court has held that parody of copyrighted material is a violation of copyright law.

Rick wrote a song entitled "Wonderful." At the bottom of the first page of the music, he wrote "© 2018 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?

Ernest invents a novel, useful, nonobvious product. He

Only civil penalties can be incurred under the Uniform Trade Secrets Act. ​

Explain what a trademark is, and list the four different types of "marks" that can be protected under trademark law. Explain how each mark is used.

A company's trade secret lasts for

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

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

Intellectual property is

Which of the following cases concerned a trade secret?

Martina developed a new type of apple tree which could be reproduced through grafting. She cannot protect her rights in this tree by obtaining a plant patent since the tree cannot be reproduced by planting its seeds.

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Clarissa trademarked her new company Samjack after her two sons Sam and Jack. This would be considered a fanciful trademark.

Only civil penalties can be incurred under the Uniform Trade Secrets Act.