Deck 24: Intellectual Property

Question 1

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

Answer 1

False

Question 2

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.

Answer 2

True

Question 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.

Answer 3

False

Question 4

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 5

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

Question 6

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

Question 7

The vast majority of patents that are issued are

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

Question 8

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 9

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.

Question 10

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

Question 11

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

Question 12

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

Question 13

A plant patent lasts for

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 14

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

Question 15

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

Question 16

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

Question 17

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.

Question 18

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.

Question 19

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

Question 20

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

Question 21

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.

Question 22

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 23

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.

Question 24

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.

Question 25

There are three categories of valid, distinctive marks. Which is NOT one of them?

A)fanciful marks
B)suggestive marks
C)generic marks
D)descriptive marks

Question 26

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.

Question 27

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.

Question 28

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.

Question 29

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.

Question 30

What is the best definition of a trade secret ?

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 31

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.

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 32

The Good Housekeeping Seal of Approval is an example of a

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

Question 33

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 34

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

Question 35

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

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 36

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)parody.
C)mockarama.
D)link.

Question 37

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.

Question 38

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.

Question 39

Which is NOT a provision of the Digital Millennium Copyright Act?

A)It is illegal to delete copyright information or distribute false copyright information.
B)It is illegal to use copyrighted material under any circumstances without permission of the creator.
C)It is illegal to circumvent encryption or scrambling technologies that protect copyrighted works.
D)It is illegal to distribute tools and technologies designed to circumvent encryption devices.

Question 40

Which of the following cases concerned a trade secret?

A)Association for Molecular Pathology v. Myriad Genetics, Inc.
B)Bikram's Yoga College of India, L.P. v. Evolation Yoga, LLC
C)AMF Inc. v. Sleekcraft Boats
D)CDM Media USA, Inc. v. Simms

Question 41

Rick wrote a song entitled "Wonderful." At the bottom of the first page of the music, he wrote "© 2018 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?

Question 42

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

Question 43

Identify the main provisions of the Digital Millennium Copyright Act.

Question 44

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.

Question 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?