BUL 5810 EXAM 2 QUESTIONS & ANSWERS
Marks
The Federal Trademark Act grants protection for trade symbols known as:
the image and packaging of the product
When a company protects "the trade dress" against adoption they are protecting:
All of these are correct
Federal regulation is not required to establish rights in a mark; however, it:
a. constitutes prima facie evidence of the right to use the mark.
b. gives nationwide constructive notice of the mark to all users.
c. permits the registrant to use the Federal courts to enforce the mark.
d. All of these are correct.
lettering or coloring
A copyright bestows upon the creator of an artistic or literary work a federal statutory
right to protect all of the following except:
All of these are correct
Which of the following is an exclusive right of the holder of a copyright?
a. To prepare works that are derived from the original work.
b. To reproduce the work.
c. To distribute copies of recordings of the original work.
d. All of these are correct.
the Berne Convention
Which copyright law changed in 1989, so that it is no longer mandatory that works
published contain a notice of copyright?
All of these are correct
Which of the following uses of copyrighted material may be permitted as "fair use"?
a. Making multiple copies for teaching in a classroom setting.
b. Parodies and caricatures of another's work.
c. Comment and criticism of another's work.
d. All of these are correct.
Product
Which of the following is not one of the three types of patents available under U.S. law?
,20
Plant patents have a duration of _____ years.
trade secret
A business device, compilation of information, or formula that is used in one's business
to provide an advantage over competitors that do not have it is legally known as a:
confidentially share or communicate the information for a special purpose.
In order to protect themselves from disclosure of proprietary or confidential information,
businesses must do all but the following:
True, companies must actively take steps to protect trade secrets.
Grace's company may lawfully discover Steve's company's trade secrets if Steve's
company fails to take reasonable precautions to protect their trade secrets. Is this true?
K-B can file for copyright protection of the campaign pieces
K-BPen Company has developed a new and innovative magazine and television ad
campaign that it would like to protect from use by its competitors. How can K-Bprotects
its campaign?
No, there are some fair use exceptions from coverage of the Act
A professor photocopies fifty copies of a copyrighted chart to distribute to his students in
class. Is this a clear violation of the Copyright Act?
a fine of up to $500,000 and imprisonment
Charlie, without authorization and after many unsuccessful attempts to access the
information, hacks into part of his company's system and downloads a formula used to
make an award-winning salsa. He plans to use the formula to create a similar product
and make enough money to retire. Instead, he may face:
Copyright
Rebecca is an artist and would like to protect one of her original photograph from being
reproduced and sold as original prints. She may protect her photograph by applying for
a:
It is unlikely that Jasper will be able to register the name "Yale Software," because it
falsely suggests a connection to an institution.
Jasper, a businessperson, has no connection with Yale University, but he has a new
line of computer software that he would like to market to university students and faculty
under the name of "Yale Software." Which statement is correct?
Fair use defense
, Beard Sal, a comedian/musician composed a song which parodied a famous work by
the band, Metallica. If Metallica sues Beard Sal for copyright infringement, what is his
best defense to the lawsuit?
20 years
Albert owns a patent on a process to recycle aluminum. What is the duration of Albert's
utility patent?
All of the above
Denise seeks to protect her design of a special hairclip that will hold a person's hair for
nearly 24 hours. Which of the following must her patent application explain in order to
receive the design patent?
a. Denise must demonstrate that the hair clip has utility.
b. Denise must demonstrate that her design is not obvious.
c. All of the answers are correct.
d. Denise must show that the design is novel.
All of these are correct
Wendy holds the copyright to a famous piece of artwork and song. What are her
exclusive rights as the holder of the copyrights?
a. Wendy may prepare artwork that is derived from the original artwork and song.
b. Wendy may reproduce the artwork.
c. Wendy may distribute copies of recordings of the song.
d. All of these are correct
the Uniform Trade Secrets Act distinguishes between written and memorized
information in determining whether the information is entitled to trade secret protection.
In the Ed Nowogroski Insurance, Inc. v. Rucker case, the Supreme Court of Washington
examined whether:
whether a product's design is distinctive, and therefore worthy of protection, from
"knockoffs" in an action for infringement of unregistered trade dress under section 43(a)
of the Lanham Act.
The issue before the Court in the Wal-Mart Stores, Inc. v. Samara Brothers, Inc. case
was:
whether the "first sale doctrine" applies to protect a buyer or other lawful owner of a
copy (of a copyrighted work) lawfully manufactured abroad.
The issue before the Court in the Kritsaeng v. John Wiley & Sons, Inc.case was:
not immune from suits in the United States involving commercial acts
The sovereign immunity doctrine states that a foreign sovereign cannot be sued unless
an exception to the Foreign Sovereign Immunities Act of 1976 applies. A sovereign is:
Marks
The Federal Trademark Act grants protection for trade symbols known as:
the image and packaging of the product
When a company protects "the trade dress" against adoption they are protecting:
All of these are correct
Federal regulation is not required to establish rights in a mark; however, it:
a. constitutes prima facie evidence of the right to use the mark.
b. gives nationwide constructive notice of the mark to all users.
c. permits the registrant to use the Federal courts to enforce the mark.
d. All of these are correct.
lettering or coloring
A copyright bestows upon the creator of an artistic or literary work a federal statutory
right to protect all of the following except:
All of these are correct
Which of the following is an exclusive right of the holder of a copyright?
a. To prepare works that are derived from the original work.
b. To reproduce the work.
c. To distribute copies of recordings of the original work.
d. All of these are correct.
the Berne Convention
Which copyright law changed in 1989, so that it is no longer mandatory that works
published contain a notice of copyright?
All of these are correct
Which of the following uses of copyrighted material may be permitted as "fair use"?
a. Making multiple copies for teaching in a classroom setting.
b. Parodies and caricatures of another's work.
c. Comment and criticism of another's work.
d. All of these are correct.
Product
Which of the following is not one of the three types of patents available under U.S. law?
,20
Plant patents have a duration of _____ years.
trade secret
A business device, compilation of information, or formula that is used in one's business
to provide an advantage over competitors that do not have it is legally known as a:
confidentially share or communicate the information for a special purpose.
In order to protect themselves from disclosure of proprietary or confidential information,
businesses must do all but the following:
True, companies must actively take steps to protect trade secrets.
Grace's company may lawfully discover Steve's company's trade secrets if Steve's
company fails to take reasonable precautions to protect their trade secrets. Is this true?
K-B can file for copyright protection of the campaign pieces
K-BPen Company has developed a new and innovative magazine and television ad
campaign that it would like to protect from use by its competitors. How can K-Bprotects
its campaign?
No, there are some fair use exceptions from coverage of the Act
A professor photocopies fifty copies of a copyrighted chart to distribute to his students in
class. Is this a clear violation of the Copyright Act?
a fine of up to $500,000 and imprisonment
Charlie, without authorization and after many unsuccessful attempts to access the
information, hacks into part of his company's system and downloads a formula used to
make an award-winning salsa. He plans to use the formula to create a similar product
and make enough money to retire. Instead, he may face:
Copyright
Rebecca is an artist and would like to protect one of her original photograph from being
reproduced and sold as original prints. She may protect her photograph by applying for
a:
It is unlikely that Jasper will be able to register the name "Yale Software," because it
falsely suggests a connection to an institution.
Jasper, a businessperson, has no connection with Yale University, but he has a new
line of computer software that he would like to market to university students and faculty
under the name of "Yale Software." Which statement is correct?
Fair use defense
, Beard Sal, a comedian/musician composed a song which parodied a famous work by
the band, Metallica. If Metallica sues Beard Sal for copyright infringement, what is his
best defense to the lawsuit?
20 years
Albert owns a patent on a process to recycle aluminum. What is the duration of Albert's
utility patent?
All of the above
Denise seeks to protect her design of a special hairclip that will hold a person's hair for
nearly 24 hours. Which of the following must her patent application explain in order to
receive the design patent?
a. Denise must demonstrate that the hair clip has utility.
b. Denise must demonstrate that her design is not obvious.
c. All of the answers are correct.
d. Denise must show that the design is novel.
All of these are correct
Wendy holds the copyright to a famous piece of artwork and song. What are her
exclusive rights as the holder of the copyrights?
a. Wendy may prepare artwork that is derived from the original artwork and song.
b. Wendy may reproduce the artwork.
c. Wendy may distribute copies of recordings of the song.
d. All of these are correct
the Uniform Trade Secrets Act distinguishes between written and memorized
information in determining whether the information is entitled to trade secret protection.
In the Ed Nowogroski Insurance, Inc. v. Rucker case, the Supreme Court of Washington
examined whether:
whether a product's design is distinctive, and therefore worthy of protection, from
"knockoffs" in an action for infringement of unregistered trade dress under section 43(a)
of the Lanham Act.
The issue before the Court in the Wal-Mart Stores, Inc. v. Samara Brothers, Inc. case
was:
whether the "first sale doctrine" applies to protect a buyer or other lawful owner of a
copy (of a copyrighted work) lawfully manufactured abroad.
The issue before the Court in the Kritsaeng v. John Wiley & Sons, Inc.case was:
not immune from suits in the United States involving commercial acts
The sovereign immunity doctrine states that a foreign sovereign cannot be sued unless
an exception to the Foreign Sovereign Immunities Act of 1976 applies. A sovereign is:
