Deck 23: Intellectual Property

Question 1

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

Answer 1

False

Question 2

Rather than its traditional patent evaluation by experts within the Patent and Trademark Office,the PTO now posts selected applications on the Web where anyone may participate in the review process.

Answer 2

True

Question 3

Lyndsay wrote a song called "View from the Top." She wrote the piano score and lyrics for a class she was taking at college and turned them in to her professor.Lyndsay's song:

A) was automatically copyrighted when she sang the first version as she was creating it.
B) must be registered with the Copyright Office if Lyndsay wishes to enforce her copyright. .
C) Both of the above are correct.
D) Neither (a) nor (b).

Answer 3

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.

Question 5

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

Question 6

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

Question 7

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

Question 8

Provisional patents are good for two years and allow inventors an opportunity to show their ideas to potential investors without incurring the full expense and time of a patent application.

Question 9

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

Question 10

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.

Question 11

A utility patent is available to those who invent or significantly improve all but which of the following?

A) A mechanical invention.
B) A process.
C) The design for an article.
D) Composition of matter.

Question 12

Patents last for 20 years except design patents,which are valid for 14 years.

Question 13

The term "patent," if used by itself,refers to a design patent,but utility and plant patents are also available and should be designated as such.

Question 14

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

Question 15

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

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.

Question 16

Ernest invents a novel,useful,nonobvious product.He:

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 file an application.
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 17

Laura and John trade movies by downloading each other's movies.If the copyrighted material has a retail value greater than $1,000,Laura and John are subject to criminal penalties under the No Electronic Theft Act,even if they had no profit motive in reproducing the movies.

Question 18

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

Question 19

The requirements for a patent include all except that the invention must be:

A) novel.
B) nonobvious.
C) commercially valuable.
D) useful.

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.

Question 21

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

A) suggestive mark.
B) service mark.
C) certification mark.
D) collective mark.

Question 22

Jack goes to Fast Copy Center and pays to have 40 copies of a textbook made.Jack then sells the photocopied versions of the book to fellow students for $55 a copy (as opposed to the $90 textbook price).The textbook author learns of this and sues Jack and the copy center.Which statement is correct?

A) Jack and the copy center are both liable to the author.
B) Jack is liable to the author but the copy center is not.
C) The copy center is liable to the author but Jack is not.
D) Neither the copy center nor Jack is liable to the author.

Question 23

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.He proved he had registered the mark in several states more than ten years before Victoria obtained her trademark.Will Don prevail?

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) None of the above.

Question 24

AVCO used a famous registered trademark of BNC,Inc.in a manner that reduced its value.This is a violation of the:

A) Federal Fair Use Act.
B) Federal Trademark Dilution Act.
C) Federal Trade Protection Act.
D) Cleveland/Myer Act.

Question 25

If a person accidentally or unintentionally uses copyrighted material,does the copyright holder have a legitimate claim for infringement?

A) Yes. Intent to infringe is not an element to a copyright action. Of course, damages will not be as great as if intent is proven.
B) Yes. The copyright holder is limited to suing only for an injunction and cannot collect money damages if intent is not proven.
C) No. An accidental or unintentional use of copyrighted material is an affirmative defense in a copyright infringement case.
D) No. Federal law requires the copyright holder to prove intentional misuse.

Question 26

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:

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 his song included a copyright notice.

Question 27

Jason and Stacey go to the movie theater and decide to use a camcorder to film the show so they can watch it again with their friends later at home.They have:

A) made an ethical, legal, wise economic decision since the cost of viewing the movie in the theater again is too high for their limited budget.
B) violated the Family Entertainment and Copyright Act, and committed a criminal offense.
C) violated the No Electronic Theft Act.
D) committed an ethical but illegal act by violating the Digital Millennium Copyright Act.

Question 28

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

A) Crunchy peanut butter.
B) Low-fat peanut butter.
C) Green peas.
D) yStar peanuts.

Question 29

The advantages of trademark registration include all EXCEPT:

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 30

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:

A) up to three times actual damages.
B) an injunction to prevent further infringement.
C) any profits Kub Kadet made on its infringing product.
D) All of the above.

Question 31

Which of the following is correct?

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 32

What permits trademark owners and famous people to sue anyone who,in bad faith,registers the trademark or the famous name as a domain name?

A) The Madrid Agreement.
B) The Paris Convention.
C) The Anticybersquatting Consumer Protection Act.
D) The Federal Trademark Dilution Act of 1995.

Question 33

On the morning of class Monic,a college professor,reads and 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?

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 34

A company's trade secret lasts for ____________,and a trademark lasts for ____________.

A) 20 years; 70 years.
B) 70 years; renewable 20-year terms.
C) renewable 10-year terms as long as it is being used; 20 years.
D) as long as it is kept confidential; renewable 10-year terms as long as it is being used.

Question 35

Misappropriation or theft of a trade secret can result in:

A) liability to the owner for actual damages or unjust enrichment or a reasonable royalty under the Uniform Trade Secrets Act.
B) liability to the owner for double damages and attorney's fees for willful or malicious misappropriation.
C) criminal penalties under the Economic Espionage Act.
D) All of the above.

Question 36

Which of the following started out as a trademark name?

A) Zipper.
B) Linoleum.
C) Nylon.
D) All the above.

Question 37

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.The author is:

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

Question 38

Sam buys a CD,but decides he does not like most of the songs on it.Under copyright law:

A) he has a legal right to sell or otherwise dispose of the CD as long as he does not make a copy of it.
B) Sam may not listen to the CD and then sell it.
C) Sam may copy the songs he likes from the CD onto his iPod and then sell the CD.
D) he may return the CD to the vendor, but he may not copy, sell, or give the CD away.

Question 39

A U.S.firm seeking international trademark protection:

A) need only file one application, in English, with the PTO, which sends the application to the World Intellectual Property Organization, which transmits it to each country in which the applicant would like trademark protection. This simplified process is available under the Trademark Law Treaty.
B) must complete an application, in the native language, for each country in which it would like to obtain trademark protection.
C) must, according to the World Intellectual Property Organization of the United Nations, file an electronic application in its central office which, if accepted, automatically provides trademark protection in all countries of the world.
D) must work through the Berne Convention and the National Intellectual Property Law Enforcement Coordination Council to obtain trademark protection in other countries.

Question 40

The Basic Books,Inc.v.Kinkos Graphic Corp.case held:

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 41

Briefly discuss a patent,copyright,and trademark.

Question 42

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

Question 43

Identify the main provisions of the Digital Millennium Copyright Act and two arguments opponents of the Act raise.

Question 44

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.

Question 45

Rick wrote a song entitled "Wonderful." At the bottom of the first page of music he wrote "©2008 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?