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

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 3

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 4

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 5

A design patent protects the appearance of an item and is valid for 14 years.

Accepted Answer

A) True 
 B)False

Question 6

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 7

International copyright protection:

Accepted Answer

A)  is automatic for works created in member countries of the Berne Convention. 
B)  is granted for the life of the author plus 70 years under the Berne Convention. 
C)  is not yet available for computer programs. 
D)  lacks any enforcement capability for overseas infringement of works authored in the United States. 
A)  is automatic for works created in member countries of the Berne Convention. 
B)  is granted for the life of the author plus 70 years under the Berne Convention. 
C)  is not yet available for computer programs. 
D)  lacks any enforcement capability for overseas infringement of works authored in the United States.

Question 8

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 9

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 10

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 11

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 12

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.

Question 13

Briefly discuss a patent,copyright,and trademark.

Accepted Answer

Patent - Patent is a federal right of ex

Question 14

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 15

Which of the following is correct?

Accepted Answer

A)  A copyright can be renewed once it expires. 
B)  A patent can be renewed once it expires. 
C)  A trademark can be renewed as long as the mark is still in use. 
D)  None of the above. 
A)  A copyright can be renewed once it expires. 
B)  A patent can be renewed once it expires. 
C)  A trademark can be renewed as long as the mark is still in use. 
D)  None of the above.

Question 16

Provisional patents are good for one year.

Accepted Answer

A) True 
 B)False

Question 17

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

Accepted Answer

A) True 
 B)False

Question 18

A college professor copies seven chapters from a book called "How to Get Better Grades-A Creative Approach to College Success!" There are ten chapters in the book.She incorporates this material into a packet of material that is printed in her college's copy center.The packet is then placed in the local book store and is placed on the required materials list for students to purchase.The author of the book on getting better grades believes the professor has violated his copyright.

Accepted Answer

A)  The author is right. The professor should not have copied the chapters and placed them for sale in the bookstore. 
B)  The author is technically correct. However, even though an infringement occurred, he cannot sue the professor since educational personnel are exempt from liability under copyright law. 
C)  The author is not correct. Under the "fair use doctrine" a college professor can copy material and distribute it to students for educational purposes. 
D)  The author is not correct. It does not appear that the professor actually made any money from the alleged copyright infringement. 
A)  The author is right. The professor should not have copied the chapters and placed them for sale in the bookstore. 
B)  The author is technically correct. However, even though an infringement occurred, he cannot sue the professor since educational personnel are exempt from liability under copyright law. 
C)  The author is not correct. Under the "fair use doctrine" a college professor can copy material and distribute it to students for educational purposes. 
D)  The author is not correct. It does not appear that the professor actually made any money from the alleged copyright infringement.

Question 19

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 20

What is the name of the treaty that allows American patents to be recognized and enforced in member countries?

Accepted Answer

A)  The Paris Convention for the Protection of Industrial Property. 
B)  The International Treaty of Trademarks and Patents. 
C)  The World Agreement of London. 
D)  The Berne Convention. 
A)  The Paris Convention for the Protection of Industrial Property. 
B)  The International Treaty of Trademarks and Patents. 
C)  The World Agreement of London. 
D)  The Berne Convention.

Exam 42: Intellectual Property

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

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.

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

A company's trade secret lasts for:

A design patent protects the appearance of an item and is valid for 14 years.

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

International copyright protection:

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.

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

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.

The advantages of trademark registration include all EXCEPT:

Briefly discuss a patent,copyright,and trademark.

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?

Which of the following is correct?

Provisional patents are good for one year.

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

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

What is the name of the treaty that allows American patents to be recognized and enforced in member countries?

Introduction To Law

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Dispute Resolution

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Intentional Torts And Business Torts

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International Law

Introduction To Contracts

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Introduction To Sales

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Secured Transactions

Creating A Negotiable Instrument

Liability For Negotiable Instruments

Accountants' Liability

Agency Law

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Starting A Business

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Life And Death Of A Corporation

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