Question 1

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

Accepted Answer

A) True 
 B)False

Question 2

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 3

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

Accepted Answer

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.

Question 4

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

Accepted Answer

A) True 
 B)False

Question 5

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 6

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.

Accepted Answer

A) True 
 B)False

Question 7

​Clarissa trademarked her new company Samjack after her two sons Sam and Jack. This would be considered a fanciful trademark.

Accepted Answer

A) True 
 B)False

Question 8

Briefly define patent, copyright, and trademark, and explain how long they last.

Accepted Answer

Patent - Patent is a federal right of ex...

Question 9

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 10

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

Accepted Answer

A) True 
 B)False

Question 11

The vast majority of patents that are issued are

Accepted Answer

A)   design patents.
B)   plant patents.
C)   utility patents.
D)   intellectual patents.

Question 12

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

Accepted Answer

A) True 
 B)False

Question 13

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.

Question 14

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

Under the first sale doctrine, Derrick h...

Question 15

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 16

A plant patent lasts for

Accepted Answer

A)   14 years from the date of issuance.
B)   70 years after the death of the person who filed the patent.
C)   20 years from the date of application.
D)   the life of the person who filed the patent.

Question 17

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 18

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?

Accepted Answer

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 not have been awarded a trademark for the check mark on its shoes.

Question 19

Ernest invents a novel, useful, nonobvious product. He

Accepted Answer

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.

Question 20

Only civil penalties can be incurred under the Uniform Trade Secrets Act.​

Accepted Answer

A) True 
 B)False

Exam 41: Intellectual Property

Briefly define patent, copyright, and trademark, and explain how long they last.

Correct Answer
verified
Patent - Patent is a federal right of ex...
View Answer

Correct Answer
verified

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?

Correct Answer
verified

Ernest invents a novel, useful, nonobvious product. He

Correct Answer
verified

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

Correct Answer
verified

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

Correct Answer
verified

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.

Correct Answer
verified

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

Correct Answer
verified

Clarissa trademarked her new company Samjack after her two sons Sam and Jack. This would be considered a fanciful trademark.

Correct Answer
verified

Only civil penalties can be incurred under the Uniform Trade Secrets Act.

Correct Answer
verified

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

Correct Answer
verified

Correct Answer
verified

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?

Correct Answer
verified
Under the first sale doctrine, Derrick h...
View Answer

Correct Answer
verified

A plant patent lasts for

Correct Answer
verified

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

Correct Answer
verified

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

Correct Answer
verified

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.

Correct Answer
verified

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

Correct Answer
verified

The vast majority of patents that are issued are

Correct Answer
verified

Exam 41: Intellectual Property

Briefly define patent, copyright, and trademark, and explain how long they last.

Correct AnswerverifiedPatent - Patent is a federal right of ex...View AnswerShow Answer

Correct AnswerverifiedShow Answer

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?

Correct AnswerverifiedShow Answer

Ernest invents a novel, useful, nonobvious product. He

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

​Clarissa trademarked her new company Samjack after her two sons Sam and Jack. This would be considered a fanciful trademark.

Correct AnswerverifiedShow Answer

Only civil penalties can be incurred under the Uniform Trade Secrets Act.​

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

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?

Correct AnswerverifiedUnder the first sale doctrine, Derrick h...View AnswerShow Answer

Correct AnswerverifiedShow Answer

A plant patent lasts for

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

The vast majority of patents that are issued are

Correct AnswerverifiedShow Answer

Correct Answer
verified
Patent - Patent is a federal right of ex...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

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

Correct Answer
verified

Clarissa trademarked her new company Samjack after her two sons Sam and Jack. This would be considered a fanciful trademark.

Correct Answer
verified

Only civil penalties can be incurred under the Uniform Trade Secrets Act.

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
Under the first sale doctrine, Derrick h...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified