Question 1

​The Trademark Law Treaty made it more difficult to apply for trademarks around the world.

Accepted Answer

A) True 
 B)False  False

Question 2

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

Question 3

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 1,500 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. B

Question 4

Southern Bar-B-Q owns a special, secret recipe for sauce which it guards because it gives the restaurant a competitive advantage. If Mort willfully misappropriates the recipe, a court may hold him liable to Southern for double damages.

Accepted Answer

A) True 
 B)False

Question 5

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.

Question 6

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.

Question 7

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.

Question 8

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

Accepted Answer

A) True 
 B)False

Question 9

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 that is printed in her college's copy center. The packet is then placed on the required materials list for students to purchase and is sold in the local book store. The author of the book 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.

Question 10

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.

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

The answer of Derrick buys a CD but, after listening...

Question 12

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

Accepted Answer

A) True 
 B)False

Question 13

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.

Question 14

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 15

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.

Question 16

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.

Question 17

​Bisha created a new recipe for a sandwich spread and applied for a patent to protect her trade secret. She is likely to receive this patent.

Accepted Answer

A) True 
 B)False

Question 18

Victoria registered a trademark under the Lanham Act. Six years later Don noticed Victoria's trademark and filed a lawsuit to enjoin her from using it because he had used it in his home state, even though he hadn't registered it. Will Don prevail?

Accepted Answer

A)  Yes. Victoria should have conducted a better search of trademarks registered under state laws.
B)  Yes. Federal law specifically states a federal trademark is not valid for any lawful owner of the same mark under state law.
C)  No. Don will not prevail, and Victoria can continue to use the mark because of the time involved.
D)  No, but Don can register the mark after it has been 10 years since Victoria registered it because Victoria cannot renew it.

Question 19

Of the following, which is an advantage of trademark registration?

Accepted Answer

A)  Potential damages are lower.
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)  It can't be used as an internet domain name.

Question 20

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

Accepted Answer

A) True 
 B)False

Exam 24: Intellectual Property

​The Trademark Law Treaty made it more difficult to apply for trademarks around the world.

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

Southern Bar-B-Q owns a special, secret recipe for sauce which it guards because it gives the restaurant a competitive advantage. If Mort willfully misappropriates the recipe, a court may hold him liable to Southern for double damages.

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

What is the best definition of a trade secret ?

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

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

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?

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?

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

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

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

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 trademark lasts for

​Bisha created a new recipe for a sandwich spread and applied for a patent to protect her trade secret. She is likely to receive this patent.

Victoria registered a trademark under the Lanham Act. Six years later Don noticed Victoria's trademark and filed a lawsuit to enjoin her from using it because he had used it in his home state, even though he hadn't registered it. Will Don prevail?

Of the following, which is an advantage of trademark registration?

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

The Trademark Law Treaty made it more difficult to apply for trademarks around the world.

Bisha created a new recipe for a sandwich spread and applied for a patent to protect her trade secret. She is likely to receive this patent.