Question 1

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 $60 a copy (as opposed to the $95 textbook price).The textbook author learns of this and sues Jack and the copy center.Which statement is correct?

Accepted Answer

Both Jack and the copy center are liable to the author for copyright infringement. Jack made unauthorized copies and sold them, and the copy center facilitated this infringement by making the copies. Both parties may be held responsible for the damages caused to the author.

Question 2

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:

Accepted Answer

In order to successfully sue for copyright infringement, Richard must prove that his work was original and that the infringer actually copied his work or had access to his song, and that the two works are substantially the same. The fact that the infringer claims not to have heard of Richard's song does not necessarily absolve her of infringement, especially if the two compositions are strikingly similar. The other options presented are not accurate - it is not enough to simply show that the two songs are similar, Richard does not need to prove monetary damages, and copyright registration is not necessarily required for protection (although it can provide additional benefits in a legal dispute).

Question 3

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?

Accepted Answer

Don will not prevail because Victoria's federal trademark has likely become incontestable after five years of continuous use, barring certain exceptions.

Question 4

International copyright protection:

Accepted Answer

The Berne Convention provides automatic copyright protection for works created in member countries, meaning that authors do not need to register their works to receive protection.

Question 5

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

Accepted Answer

The Federal Trademark Dilution Act prohibits the use of a famous registered trademark in a manner that reduces its value, which is exactly what AVCO did in this case. The other acts listed are not applicable to this situation.

Question 6

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:

Accepted Answer

Recording or filming a movie in a theater, without the express permission of the copyright owner, is a violation of the Family Entertainment and Copyright Act and is considered a criminal offense. It is also a breach of the theater's policies and can lead to confiscation of the recording device, ejection from the theater, and legal proceedings.

Question 7

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

Accepted Answer

The answer of Ernest invents a novel,useful,nonobvious product.He:
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Question 8

A trademark lasts for:

Accepted Answer

A trademark lasts for 10 years from the date of registration, but it can be renewed for an unlimited number of terms as long as the trademark is being used in commerce. Trademark renewal must be filed within 6 months before the expiration date or within a grace period of 6 months after the expiration date by submitting a renewal application and paying the required fee.

Question 9

Intellectual property:

Accepted Answer

Intellectual property often involves high initial costs for creation but low costs for reproduction and distribution, making it expensive to produce but cheap to reproduce and transmit.

Question 10

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

Accepted Answer

"yStar peanuts" is a unique and distinctive name that could be registered as a trademark, while the other options are generic or descriptive terms that cannot be exclusively owned as a trademark.

Question 11

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:

Accepted Answer

A parody is a humorous or satirical imitation of a well-known song or other work of art. In this case, James and his band used a popular song but changed the lyrics to make it funny, which is a common example of a parody. A knock off is a cheaper or inferior version of a product, a mockarama is not a commonly used term, and a link is unrelated to this scenario.

Question 12

A company's trade secret lasts for:

Accepted Answer

A company's trade secret can last indefinitely as long as it is kept confidential. There is no set time frame or renewal process for trade secrets, unlike patents or copyrights.

Question 13

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

If Cub Cadet wins a trademark infringement suit by proving that the defendant's trademark, Kub Kadet, is likely to deceive customers about who made the goods, they are entitled to up to three times actual damages, an injunction to prevent further infringement, and any profits Kub Kadet made on its infringing product. Therefore, all of the options (A, B, and C) are correct.

Question 14

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.

Accepted Answer

The professor's actions of copying and selling a significant portion of the book (7 out of 10 chapters) without permission from the author is a clear violation of copyright law. Fair use does not cover this type of copying for commercial purposes, and the exemption for educational personnel does not apply when there is a profit motive involved. Thus, the author has a valid claim for copyright infringement.

Question 15

Which of the following started out as a trademark name?

Accepted Answer

All three options (Zipper, Linoleum, Nylon) started out as trademark names before becoming generic terms.

Question 16

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?

Accepted Answer

The answer of Monic,a college professor,makes 30 photocopies of a...

Question 17

The Basic Books,Inc.v.Kinko's Graphic Corp.case held:

Accepted Answer

The Basic Books, Inc. v. Kinko's Graphic Corp. case held that professors could not print and sell lengthy course packets of copyrighted material under the "fair use" doctrine, as it was not considered transformative enough and could potentially harm the market for the original work.

Question 18

The Good Housekeeping Seal of Approval is an example of a:

Accepted Answer

The Good Housekeeping Seal of Approval is a certification mark, which is used to indicate that a product has been tested and approved by a particular organization. In this case, the Good Housekeeping Institute has tested and approved the product, and the certification mark is used to indicate this to consumers. Trademarks, service marks, and collective marks are all different types of marks, but they are not appropriate to describe the Good Housekeeping Seal of Approval.

Question 19

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

Accepted Answer

The Paris Convention for the Protection of Industrial Property is a treaty signed by various countries that allows for the recognition and enforcement of patents, among other types of industrial property, across member states.

Question 20

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

Accepted Answer

McDonald's golden arches and other marks are used to distinguish their services and distinguish them from other fast food chains. Thus, they are service marks.

Quiz 42: Intellectual Property

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 $60 a copy (as opposed to the $95 textbook price) .The textbook author learns of this and sues Jack and the copy center.Which statement is correct?