Question 1

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 C

Question 2

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. B

Question 3

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

Accepted Answer

A) True 
 B)False  False

Question 4

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

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)  students could print and sell lengthy course packets of copyrighted material under the "fair use" doctrine. 
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)  students could print and sell lengthy course packets of copyrighted material under the "fair use" doctrine.

Question 5

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 6

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 7

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

Accepted Answer

A) True 
 B)False

Question 8

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 9

What is the best definition of a trade secret?

Accepted Answer

A)  A formula, device, process, method, or compilation of information that, when used in business, gives the owner an advantage over competitors. 
B)  Any combination of words and symbols that a business uses to identify its products or services and distinguish them from others. 
C)  The right of an inventor to prevent others from making, using, or selling his inventions for a limited time. 
D)  The right of a creator to exclusively reproduce, distribute, and perform her work for a limited time. 
A)  A formula, device, process, method, or compilation of information that, when used in business, gives the owner an advantage over competitors. 
B)  Any combination of words and symbols that a business uses to identify its products or services and distinguish them from others. 
C)  The right of an inventor to prevent others from making, using, or selling his inventions for a limited time. 
D)  The right of a creator to exclusively reproduce, distribute, and perform her work for a limited time.

Question 10

James and his band played a very familiar song. However, they made up different words for the song that were intended to be funny. James's version of the popular song with different words is known as a

Accepted Answer

A)  knock off. 
B)  parody. 
C)  mockarama. 
D)  link. 
A)  knock off. 
B)  parody. 
C)  mockarama. 
D)  link.

Question 11

A new savings and loan bank called Federal Deposit Bank applied for a trademark of its name. Why will this bank probably not receive trademark approval?

Accepted Answer

A)  It is similar to an existing mark. 
B)  It is a generic trademark. 
C)  It is a deceptive mark. 
D)  It is a scandalous or immoral mark. 
A)  It is similar to an existing mark. 
B)  It is a generic trademark. 
C)  It is a deceptive mark. 
D)  It is a scandalous or immoral mark.

Question 12

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 13

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 14

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)  the infringer actually copied the work. 
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)  the infringer actually copied the work.

Question 15

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 16

If a trademarked name acquires a generic meaning, the owner of the trademark loses protection.

Accepted Answer

A) True 
 B)False

Question 17

Under the fair use doctrine, instructors cannot be liable for copyright violations.

Accepted Answer

A) True 
 B)False

Question 18

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 19

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 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 41: Intellectual Property

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

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

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

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

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.

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?

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

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.

What is the best definition of a trade secret?

James and his band played a very familiar song. However, they made up different words for the song that were intended to be funny. James's version of the popular song with different words is known as a

A new savings and loan bank called Federal Deposit Bank applied for a trademark of its name. Why will this bank probably not receive trademark approval?

A company's trade secret lasts for

Intellectual property is

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

The Good Housekeeping Seal of Approval is an example of a

If a trademarked name acquires a generic meaning, the owner of the trademark loses protection.

Under the fair use doctrine, instructors cannot be liable for copyright violations.

Which of the following cases concerned a trade secret?

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

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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International Law

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Introduction to Contracts

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