JOMC 486 UNL Final Exam
QUESTIONS WITH CORRECT
ANSWERS.
Access for Federal Candidates - CORRECT ANSWER✅✅The FCC may revoke station
license for willful or repeated failure to give federal candidates time or let them purchase
reasonable amounts of time on behalf of their candidacies.
(This does not apply to state and local candidates, nor does it apply to cable systems)
Arbitrary terms - CORRECT ANSWER✅✅A term, name, symbol or other device that
has no bearing on a particular good is an arbitrary one and automatically qualifies for
trademark protection (ex:coined terms such as "Kodak" or "Oreo")
Bait advertising - CORRECT ANSWER✅✅Insincere offer to sell something you don't
want to sell
Bona fide - CORRECT ANSWER✅✅good faith
Broadcaster's obligation - CORRECT ANSWER✅✅Broadcasters may not:
Simply refuse to sell or give time to federal candidates;
Impose blanket limitations on the number, length or position of time sold to candidates;
Refuse to sell time outside the traditional campaign season;
Refuse to negotiate with federal candidates who seek air time
Broadcasters have 2 obligations - CORRECT ANSWER✅✅Disclose information about
rates, make goods, and discount privileges offered commercial advertisers and Sell to
candidate all types of discount privileges available to commercial advertisers
Can you copyright facts? - CORRECT ANSWER✅✅No
Censorship - CORRECT ANSWER✅✅Licensees have no power of censorship over
material broadcast by candidates under Sec. 315,
The U.S. Supreme Court has held, however, that broadcasters may not be sued for libel
for statements made by political candidates using broadcast facilities,
In spite of the no-censorship rule, candidates may not air legally obscene materials.
Central Hudson Test - CORRECT ANSWER✅✅A four-part test used by the courts for
determining restrictions on commercial speech
, Child pornography - CORRECT ANSWER✅✅Sexual representation that includes real
children
Class of time - CORRECT ANSWER✅✅refers to whether the spot is fixed position,
pre-emtible, run-of-schedule, etc
Corrective advertising - CORRECT ANSWER✅✅directs the advertiser to dispel
misconceptions created by past advertising.
Criteria for secondary meaning - CORRECT ANSWER✅✅The amount and manner of
advertising; (doing a lot of advertising and specifically with that name "ex: wheaties"
could help make wheaties trademark)(today it is trademarked already)
The volume of sales; (are you selling a lot of the product)
The length and manner of term's use; (how long have you been using this)
And results of consumer surveys. (are people associating your name with that product if
so you got the secondary meaning)
Deception by Implication - CORRECT ANSWER✅✅If an implied claim is false, the FTC
will consider the ad deceptive, even if all the explicit statements are literally true.
Deception by Nondisclosure - CORRECT ANSWER✅✅Even if everything in the
advertisement is literally true, the FTC may find it deceptive if the advertisement omits
material information and by that omission creates a misleading impression
Deception by Pictures - CORRECT ANSWER✅✅Where pictures or combination of
pictures and copy create a misleading impression, the advertisement may violate FTC
guidelines
Deceptive pricing guides - CORRECT ANSWER✅✅(a)Former-price comparisons,
(b)Retail-price comparisons, (c)List-price comparisons, (d)Bargains based on purchase
of other goods, (e)Limited-time offers
Defamatory example - CORRECT ANSWER✅✅If you say that he murdered his mother
and kept her body in the basement of the motel, doesn't say anything bad about his
motel
Descriptive terms - CORRECT ANSWER✅✅Words that merely describes a product
(Ex: "Wheaties")
Can become trademarks only if the public has come to associate them with a specific
product (called a secondary meaning).
Difference between defamation and disparagement - CORRECT
ANSWER✅✅Defamation involves personal reputation and disparagement involves a
person's property or economic interests
QUESTIONS WITH CORRECT
ANSWERS.
Access for Federal Candidates - CORRECT ANSWER✅✅The FCC may revoke station
license for willful or repeated failure to give federal candidates time or let them purchase
reasonable amounts of time on behalf of their candidacies.
(This does not apply to state and local candidates, nor does it apply to cable systems)
Arbitrary terms - CORRECT ANSWER✅✅A term, name, symbol or other device that
has no bearing on a particular good is an arbitrary one and automatically qualifies for
trademark protection (ex:coined terms such as "Kodak" or "Oreo")
Bait advertising - CORRECT ANSWER✅✅Insincere offer to sell something you don't
want to sell
Bona fide - CORRECT ANSWER✅✅good faith
Broadcaster's obligation - CORRECT ANSWER✅✅Broadcasters may not:
Simply refuse to sell or give time to federal candidates;
Impose blanket limitations on the number, length or position of time sold to candidates;
Refuse to sell time outside the traditional campaign season;
Refuse to negotiate with federal candidates who seek air time
Broadcasters have 2 obligations - CORRECT ANSWER✅✅Disclose information about
rates, make goods, and discount privileges offered commercial advertisers and Sell to
candidate all types of discount privileges available to commercial advertisers
Can you copyright facts? - CORRECT ANSWER✅✅No
Censorship - CORRECT ANSWER✅✅Licensees have no power of censorship over
material broadcast by candidates under Sec. 315,
The U.S. Supreme Court has held, however, that broadcasters may not be sued for libel
for statements made by political candidates using broadcast facilities,
In spite of the no-censorship rule, candidates may not air legally obscene materials.
Central Hudson Test - CORRECT ANSWER✅✅A four-part test used by the courts for
determining restrictions on commercial speech
, Child pornography - CORRECT ANSWER✅✅Sexual representation that includes real
children
Class of time - CORRECT ANSWER✅✅refers to whether the spot is fixed position,
pre-emtible, run-of-schedule, etc
Corrective advertising - CORRECT ANSWER✅✅directs the advertiser to dispel
misconceptions created by past advertising.
Criteria for secondary meaning - CORRECT ANSWER✅✅The amount and manner of
advertising; (doing a lot of advertising and specifically with that name "ex: wheaties"
could help make wheaties trademark)(today it is trademarked already)
The volume of sales; (are you selling a lot of the product)
The length and manner of term's use; (how long have you been using this)
And results of consumer surveys. (are people associating your name with that product if
so you got the secondary meaning)
Deception by Implication - CORRECT ANSWER✅✅If an implied claim is false, the FTC
will consider the ad deceptive, even if all the explicit statements are literally true.
Deception by Nondisclosure - CORRECT ANSWER✅✅Even if everything in the
advertisement is literally true, the FTC may find it deceptive if the advertisement omits
material information and by that omission creates a misleading impression
Deception by Pictures - CORRECT ANSWER✅✅Where pictures or combination of
pictures and copy create a misleading impression, the advertisement may violate FTC
guidelines
Deceptive pricing guides - CORRECT ANSWER✅✅(a)Former-price comparisons,
(b)Retail-price comparisons, (c)List-price comparisons, (d)Bargains based on purchase
of other goods, (e)Limited-time offers
Defamatory example - CORRECT ANSWER✅✅If you say that he murdered his mother
and kept her body in the basement of the motel, doesn't say anything bad about his
motel
Descriptive terms - CORRECT ANSWER✅✅Words that merely describes a product
(Ex: "Wheaties")
Can become trademarks only if the public has come to associate them with a specific
product (called a secondary meaning).
Difference between defamation and disparagement - CORRECT
ANSWER✅✅Defamation involves personal reputation and disparagement involves a
person's property or economic interests
