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117. "Inherently distinctive" trade dress is protected under the:
a. Property Act
b. Trade Dress Act
c. Shelton Act
d. Copyright Act
e. none of the other choices are correct
118. In Wal-Mart v. Samara Brothers, where Wal-Mart was accused of copying the design of children's clothing, the
Supreme Court held that for trade dress protection to exist, the good or service must:
a. be distinctive
b. be identified as to origin
c. have secondary meaning
d. all of the other specific choices
e. none of the other choices
119. In Wal-Mart v. Samara Brothers, where Wal-Mart was accused of copying the design of children's clothing, the
Supreme Court held that for trade dress protection to exist, the good or service must:
a. be registered with the Trademark office
b. be "original"
c. have secondary meaning
d. all of the other specific choices
e. none of the other choices
120. To earn protection under the Lanham Act a product must be:
a. inherently distinctive
b. functional
c. sold in at least 5 states
d. recognized by most people
e. none of the other choices are correct
121. To earn protection under the Lanham Act a product must be:
a. internationally recognized
b. functional
c. sold in at least 5 states
d. recognized by most people
e. none of the other choices are correct
122. The orange exterior of Home Depot stores is an example of:
a. a patent
b. a trade dress
c. a service mark
d. a certification mark
e. none of the other choices are correct
123. The orange exterior of Home Depot stores is an example of:
a. a patent
b. a real mark
c. a service mark
d. a certification mark
e. none of the other choices are correct
124. The International Silk Association uses the motto "Only silk is silk." That is a:
a. trademark
b. service mark
c. trade dress
d. certification mark
e. trade name
125. The International Silk Association uses the motto "Only silk is silk." That is a:
a. copyright
b. trade dress
c. certification mark
d. trade name
e. none of the other choices
126. A service mark is:
a. a trademark for a service
b. a catchphrase
c. an illegal trademark
d. a symbol that can be traded between companies
e. none of the other choices are correct
127. A service mark is:
a. the international term for trademark
b. a catchphrase
c. an illegal trademark
d. a symbol that can be traded between companies
e. none of the other choices are correct
128. The motto "Union Made in the USA" is a:
a. trademark
b. service mark
c. trade dress
d. certification mark
e. trade name
129. The motto "Union Made in the USA" is a:
a. copyright
b. service mark
c. trade dress
d. trade name
e. none of the other choices
130. A is any word, symbol, device, or any combination of these that is used, or intended to be used, in commerce
to certify regional or other geographic origin.
a. trade dress
b. property mark
c. real mark
d. certification mark
e. none of the other choices are correct
131. A is any word, symbol, device, or any combination of these that is used, or intended to be used, in commerce
to certify regional or other geographic origin.
a. trade dress
b. property mark
c. real mark
d. trade name
e. none of the other choices are correct
132. A trademark or service mark that is used in commerce by members of a cooperative, an association, or other
collective group or organization is a(n):
a. trade dress
b. trade service
c. trade symbol
d. collective mark
e. union mark
133. A trademark or service mark that is used in commerce by members of a cooperative, an association, or other
collective group or organization is a(n):
a. trade dress
b. trade service
c. trade symbol
d. union mark
e. none of the other choices are correct
134. A trade name is protected by:
a. the Lanham Act
b. the common law
c. the law of copyright
d. the patent statute
e. none of the other choices
135. A trade name is protected by:
a. the Lanham Act
b. the Trademark Office
c. the law of copyright
d. the patent statute
e. none of the other choices
136. The Lanham Act does not protect:
a. trademarks
b. trade names
c. copyrights
d. all of the other specific choices are correct
e. none of the other specific choices are correct
137. Under the common law trade name protection belongs to:
a. the first to use the name in a given area of business
b. the company that makes the highest bid
c. the company that has the most market share
d. the first to use the name for more than 5 years in a given area of business
e. none of the other choices are correct
138. The benefit or advantage of having an established business and secured customers is:
a. trade dress
b. trade secret
c. goodwill
d. brand name
e. none of the other choices
139. The reputation of a firm that gives value to trademarks and other such forms of intellectual property combined with
the trust of many customers is known as:
a. trade secrets
b. copyright
c. good copy
d. goodwill
e. good relations
140. Goodwill is:
a. a major intangible asset
b. not important to companies
c. a major tangible asset
d. a minor intangible asset
e. something easily quantified
141. Goodwill is:
a. something easily quantified
b. not important to companies
c. a major tangible asset
d. a minor intangible asset
e. none of the other choices are correct
142. Rights of literary property as recognized by law are:
a. copyrights
b. patents
c. estates
d. literary rights
e. media rights
143. Rights of literary property as recognized by law are:
a. media rights
b. patents
c. estates
d. literary rights
e. none of the other choices are correct
144. Books and other written works make up about what percent of the copyrights issued each year:
a. 20%
b. 90%
c. 100%
d. 50%
e. 10%
145. Musical compositions make up about what percent of the copyrights issued each year:
a. 25%
b. 90%
c. 100%
d. 50%
e. 10%
146. Among the forms of intellectual property, copyrights are:
a. one of the easiest forms of protection to obtain
b. a weak form of protection
c. considered to have the least commercial value
d. all of the other specific choices
e. none of the other choices
147. Under the Copyright Act, a copyright owner does not have which of the following rights?
a. to perform the work in public
b. to receive royalties collected by the Copyright Office
c. to publish the work
d. to prepare other works based off the original work
e. all of the others choices are rights
148. Under the Copyright Act, a copyright owner has which of the following rights?
a. to perform the work in public
b. to prepare derivative works
c. to publish the work
d. to reproduce the work
e. all of the other choices
149. The law of copyright gives a copyright owner all of the following rights except the right:
a. to reproduce the work
b. to claim public domain works
c. to perform the work in public
d. to display the work
e. to publish the work
150. The law of copyright gives a copyright owner all of the following rights except the right:
a. to reproduce the work
b. to perform the work in public
c. to display the work
d. to publish the work
e. all of the other choices are protected rights
151. What allows exclusive control over original written works, musical compositions, art and photography; including
control over reproduction, display and derived works:
a. copyrights
b. patents
c. trademarks
d. trade names
e. servitudes
152. What allows exclusive control over original written works, musical compositions, art and photography; including
control over reproduction, display and derived works:
a. patents
b. trademarks
c. trade names
d. servitudes
e. none of the other choices
153. The term of copyright protection is:
a. 10 years
b. 17 years
c. the life of the author
d. the life of the author plus 21 years
e. the life of the author plus 70 years
154. The term of copyright protection is:
a. 10 years
b. 17 years
c. the life of the author
d. the life of the author plus 21 years
e. none of the other choices
155. The term of copyright protection is:
a. 10 years
b. 17 years
c. the life of the author
d. the life of the author plus 21 years
e. 95 years for a work for hire
156. If an employee of a company writes something for hire the term of copyright protection for the work is:
a. 25 years
b. 50 years
c. 95 years
d. the life of the author plus 20 years
e. the life of the author plus 75 years
157. If an employee of a company writes something for hire the term of copyright protection for the work is:
a. 75 years
b. 85 years
c. the life of the author plus 95 years
d. the life of the author plus 70 years
e. none of the other choices are correct
158. Most copyrighted materials now have protection for the life of the author plus:
a. 20 years, the same as the European Union
b. 50 years, the same as the European Union
c. 70 years, the same as the European Union
d. 50 years, the same as the UN Convention
e. 75 years, the same as the UN Convention
e. none of the other choices are correct
159. Suppose a team of artists who work for Fox draw The Simpsons television program and Fox owns the copyright.
The length of the copyright is:
a. 21 years
b. 50 years
c. 70 years
d. 95 years
e. forever
160. Suppose a team of artists who work for Fox draw The Simpsons television program and Fox owns the copyright.
The length of the copyright is:
a. 21 years plus the life of the longest living artist
b. 50 years plus the life of the longest living artist
c. 70 years plus the life of the longest living artist
d. forever
e. none of the other choices
161. To be copyrightable, a work must:
a. be original
b. be at least 5 years old
c. be recognizable to the general public
d. be internationally known
e. none of the other choices are correct
162. To be copyrightable, a work must:
a. be handmade
b. be at least 5 years old
c. be recognizable to the general public
d. be internationally known
e. none of the other choices are correct
163. The right of the author to have proper attribution of authorship and to prevent unauthorized changes in or
destruction of an artist's work is a(n):
a. moral right
b. real right
c. literary right
d. compensation right
e. easement right
164. The right of the author to have proper attribution of authorship and to prevent unauthorized changes in or
destruction of an artist's work is a(n):
a. easement right
b. real right
c. literary right
d. compensation right
e. none of the other choices are correct
165. To download Nintendo games on the Internet, where others could then copy them freely, is a violation of which
intellectual property rights:
a. patents
b. trademarks
c. copyrights
d. trade secrets
e. none of the other choices; the Internet is public domain
166. Something that is in the public domain:
a. may be used, performed, or reproduced by anyone
b. may not be used, performed, or reproduced without special permission from the Supreme Court
c. may not be used, performed, or reproduced without special permission from a judge
d. may only be used, performed, or reproduced with permission of the original creator
e. none of the other choices are correct
167. Something that is in the public domain:
a. may be used, performed, or reproduced by anyone, but only after being in the public domain for at least 10
years
b. may not be used, performed, or reproduced without special permission from the Supreme Court
c. may not be used, performed, or reproduced without special permission from a judge
d. may only be used, performed, or reproduced with permission of the original creator
168. Something that may be used, performed, or reproduced by anyone is said to be in the:
a. real domain
b. free domain
c. public domain
d. open market
e. real market
169. Something that may be used, performed, or reproduced by anyone is said to be in the:
a. real domain
b. free domain
c. real market
d. open market
e. none of the other choices are correct
170. In Feist Publications v. Rural Telephone Service Co., involving the copying of white-page telephone listings, the
Supreme Court held that:
a. the copying violated the valid copyright of the telephone company
b. the copying violated the valid copyright of the telephone company only if there was commercial gain by the
copier
c. copyright owners have moral rights in their copyrighted material that cannot be changed without permission
d. public facts not presented in an original manner cannot be copyrighted, so no violation
e. none of the other choices
171. To register a copyright, you need not:
a. pay a $35 fee
b. fill out a registration form from the Copyright Office
c. receive certification from the Registrar of Copyrights
d. send two copies of the work to the Registrar of Copyrights
e. you must do all of the other choices
172. To register a copyright, you must:
a. pay a $35 fee
b. prove origin of creation of the work
c. receive certification from the Registrar of Copyrights
d. provide 12 copies of the work for the Copyright Office
e. you must do all of the other choices
173. Copyrights differ from patents in that:
a. copyrights are not issued by the government
b. copyrights have no legal significance
c. copyrights are not something that can be challenged in court
d. patents are not issued by the government
e. none of the other choices are correct
174. Which of the following is part of a notice of copyright:
a. the circle-C (©)
b. the year of first publication
c. the name of the copyright owner
d. all of the other specific choices are correct
e. none of the other specific choices are correct
175. Which of the following is part of a notice of copyright:
a. the official name of the work
b. proof of originality
c. the name of the copyright owner
d. all of the other specific choices are correct
e. none of the other specific choices are correct
176. Which of the following is part of a notice of copyright:
a. the official name of the work
b. proof of originality
c. the year of first publication
d. all of the other specific choices are correct
e. none of the other specific choices are correct
