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1. Clarissa trademarked her new company Samjack after her two sons Sam and Jack. This would be considered a fanciful
trademark.
a.
True
b.
False
2. Only civil penalties can be incurred under the Uniform Trade Secrets Act.
a.
True
b.
False
3. 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.
a.
True
b.
False
4. The Trademark Law Treaty made it more difficult to apply for trademarks around the world.
a.
True
b.
False
5. A patent is available for an idea as well as a tangible application.
a.
True
b.
False
6. A copyright is valid for 28 years after it is obtained and can be renewed for another 28 years.
a.
True
b.
False
7. A design patent protects the appearance of an item and is valid for 14 years.
a.
True
b.
False
8. 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.
a.
True
b.
False
9. Unlike with patents, the ideas underlying copyrighted material need not be novel.
a.
True
b.
False
10. Under the fair use doctrine, instructors cannot be liable for copyright violations.
a.
True
b.
False
11. 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.
a.
True
b.
False
12. The Supreme Court has held that parody of copyrighted material is a violation of copyright law.
a.
True
b.
False
13. 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.
a.
True
b.
False
14. If a trademarked name acquires a generic meaning, the owner of the trademark loses protection.
a.
True
b.
False
15. A color cannot be trademarked since it cannot be kept from use by other businesses.
a.
True
b.
False
16. The requirements for a patent include all of the following EXCEPT
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.
17. Of the following, which is an advantage of trademark registration?
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.
18. 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.
Copyrights, patents and trademarks are not renewable.
19. In order for a copyright holder to collect money damages from a person who used copyrighted material, it must be
proven that
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.
20. The Basic Books, Inc. v. Kinko's Graphic Corp. case held that
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.
21. The Good Housekeeping Seal of Approval is an example of a
a.
trademark.
b.
service mark.
c.
collective mark.
d.
certification mark.
22. Which of the following phrases could be registered as a trademark?
a.
Crunchy peanut butter
b.
Low-fat peanut butter
c.
Green peas
d.
yStar peanuts
23. Intellectual property is
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.
24. 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 he registered the song for a copyright.
25. 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 twice the actual damages.
b.
an injunction to prevent further infringement.
c.
any profits Kub Kadet makes on its infringing product going forward.
d.
a public apology.
26. 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.
27. 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
28. 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.
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.
29. 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?
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.
30. 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 invent it.
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.
31. 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 "knock off."
b.
a parody.
c.
a "mockarama."
d.
a "link."
32. 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
a.
a legal reaction.
b.
a safe harbor.
c.
the digital solution.
d.
copyright liability.
33. International copyright protection is
a.
automatic for works created in member countries of the Berne Convention.
b.
granted for the life of the author plus 70 years under the Berne Convention.
c.
not yet available for computer programs.
d.
lacking in any enforcement capability for overseas infringement of works authored in the United States.
34. 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.
35. 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?
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.
36. A company's trade secret lasts for
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.
37. A trademark lasts for
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.
38. NikeShoes.com produces a running shoe that it sells in the United States. The shoe has a check mark on the side, uses
inferior materials and is made using child labor. Nike, Inc. sues NikeShoes for trademark infringement under the Federal
Trademark Dilution Act of 1995 What is likely to be the grounds for this suit?
a.
NikeShoes is diluting the value of Nike, Inc.'s product and tarnishing its image.
b.
NikeShoes is not paying Nike, Inc. a percentage of its sales.
c.
Nike, Inc. does not want its products compared to competitors.
d.
NikeShoes should have not been awarded a trademark for the check mark on its shoes.
39. 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.
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.
40. There are five categories of distinctive marks. Which is NOT one of them?
a.
fanciful marks
b.
arbitrary marks
c.
generic marks
d.
marks with secondary meaning
41. 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?
42. Identify the main provisions of the Digital Millennium Copyright Act and two arguments opponents of the Act raise.
43. 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.
44. Briefly define patent, copyright, and trademark, and explain how long they last.
45. 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?
