Question 1

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. D

Question 2

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 and symbols that a business uses to identify its products and services and distinguish them from others.trademarks are important to both businesses and consumers.Often,the terms "trademark" or "mark" are used to refer to both trademarks and service marks.technically,though,a trademark is affixed to goods in interstate commerce A service mark identifies services,not products.for example,Burger King is a service mark.Certification marks are words or symbols used by a person or organization to verify that certain products or services produced by others meet certain standards.An example of a certification mark would be the Good Housekeeping Seal of Approval.A collective mark is used to identify a group,such as the Rotary or Boy Scouts.

Question 3

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 Copyright Act.thus,as a creator of the song,Rick has the benefit of copyright protection.Moreover,Rick has provided public notice of his copyright by indicating the copyright symbol,the date,and his name on the music.If he has registered the copyright with the Library of Congress,Rick's recourse is to bring an action for copyright infringement against the band for using the music without permission.Rick will be entitled to an injunction ordering the band to refrain from playing his song and possibly damages and profits earned by the band's use of the song.Penalties for intentional copyright infringement are heavier than for unintentional violations,and the presence of a copyright notice is evidence that the infringer's actions were intentional.

Question 4

Describe what copyright infringement means.

Accepted Answer

Anyone who uses copyrighted material wit

Question 5

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

Question 6

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

Accepted Answer

A) Crunchy peanut butter. 
B) White garbage bags. 
C) Orange Juice. 
D) Jones Soy Milk. 
A) Crunchy peanut butter. 
B) White garbage bags. 
C) Orange Juice. 
D) Jones Soy Milk.

Question 7

The Metro-Goldwyn-Mayer Studios Inc.v.Grokster,Ltd.is about:

Accepted Answer

A) patent infringement. 
B) violation of copyright law on the Internet. 
C) trademark dilution. 
D) None of the above. 
A) patent infringement. 
B) violation of copyright law on the Internet. 
C) trademark dilution. 
D) None of the above.

Question 8

Under the "fair use doctrine," instructors may never be held liable for copyright violations.

Accepted Answer

A) True 
 B)False

Question 9

Briefly discuss a patent,copyright,and trademark.

Accepted Answer

Patent - Patent is a federal right of ex

Question 10

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

Question 11

Derrick buys a CD,but after listening to it,decides he doesn't like the music.May he legally sell the CD to someone else? If he thinks his cousin would enjoy the music,may he legally copy the CD for her?

Accepted Answer

Under the first sale doctrine,Derrick ha

Question 12

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 13

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 14

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

Accepted Answer

A) True 
 B)False

Question 15

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

Accepted Answer

A) True 
 B)False

Question 16

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 17

Anderson Corp.owns a very long customer list which it guards because it gives the company a competitive advantage.If Alice willfully misappropriates the list,a court may hold her liable to Anderson for double damages.

Accepted Answer

A) True 
 B)False

Question 18

The requirements for a patent include all EXCEPT:

Accepted Answer

A) the invention must be novel. 
B) the invention must be nonobvious. 
C) the invention must be commercially valuable. 
D) the invention must be useful. 
A) the invention must be novel. 
B) the invention must be nonobvious. 
C) the invention must be commercially valuable. 
D) the invention must be useful.

Question 19

A copyright is valid for 28 years after it is obtained and can be renewed for another 28 years.

Accepted Answer

A) True 
 B)False

Question 20

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.

Exam 34: Intellectual Property

A company's trade secret lasts for:

List the four different types of "marks" that can be protected under trademark law.Explain how each mark is used.

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?

Describe what copyright infringement means.

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

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

The Metro-Goldwyn-Mayer Studios Inc.v.Grokster,Ltd.is about:

Under the "fair use doctrine," instructors may never be held liable for copyright violations.

Briefly discuss a patent,copyright,and trademark.

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.

Derrick buys a CD,but after listening to it,decides he doesn't like the music.May he legally sell the CD to someone else? If he thinks his cousin would enjoy the music,may he legally copy the CD for her?

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.

International copyright protection:

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

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

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.

Anderson Corp.owns a very long customer list which it guards because it gives the company a competitive advantage.If Alice willfully misappropriates the list,a court may hold her liable to Anderson for double damages.

The requirements for a patent include all EXCEPT:

A copyright is valid for 28 years after it is obtained and can be renewed for another 28 years.

A trademark lasts for:

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