QuestionQuestion 1Professor Peter enjoys using a small manual containing informatio

01 May QuestionQuestion 1Professor Peter enjoys using a small manual containing informatio

Question
Question 1
Professor Peter enjoys using a small manual containing information on employment laws in his business law class. The manual costs $100 and is published by We Publish book publishers. Because Professor Peter wants to save his students some money, he copies the manual and has ABC Copy Store make copies for students. Students are required to purchase the copies directly from the copy store. Professor Prudence, who dislikes Peter because she believes he blocked her tenure application, hears about the deal and notifies the publishing company. The publishing company demands that the process be stopped and prepares to seek damages. Can Copy Store be found guilty of copyright infringement?

No, because the use was for education and would be considered a fair use.

No, because Professor Peter ordered the copying, and the store was simply following directions.

Yes, copy stores can be found liable for copyright infringement for copying without obtaining permission.

Yes, but only if the store failed to have Professor Peter agree to indemnify it for any alleged copyright infringement.
5 points

Question 2
An example of a fanciful trademark is

Kodak

Shell

Tide

Camel
5 points

Question 3
A descriptive mark that is initially unavailable for protection can still become protectable if it acquires ________ meaning.

descriptive

geographic

personal

secondary
5 points

Question 4
Under the ________ use doctrine, under certain circumstances, a person may infringe the copyright owner’s exclusive rights without liability in the course of such activities as news reporting, education, scholarship, or research.

fair

education

new

critical
5 points

Question 5
When may a defendant be held liable for vicarious copyright liability?

So long as it can be shown that the defendant has the right and ability to control the infringer’s acts.

So long as it can be shown that the defendant receives a direct financial benefit form the infringement.

When he defendant has the right and ability to control the infringer’s acts and receives a direct financial benefit form the infringement.

Never because vicarious copyright liability is not recognized.
5 points

Question 6
Which of the following is not a part of a patent application?

The specifications.

The claims.

The drawings.

The declaration of prior art.
5 points

Question 7
Which of the following is not true regarding current U.S. copyright law?

The material must be sufficiently original.

Protection is automatic.

Use of a copyright notice is required.

Registration is not required.
5 points

Question 8
Which of the following is true regarding how damages may be awarded in a patent infringement case?

Damages may be awarded based on (1) the patent holder’s lost profits, (2) the infringer’s profits, or (3) a reasonable royalty for the infringer’s use of the invention.

Damages may only be awarded based on the patent holder’s lost profits.

Damages may only be awarded based on the infringer’s profits.

Damages may only be awarded based on a reasonable royalty for the infringer’s use of the invention.
5 points

Question 9
What did the court rule in the case in which Holiday Inn claimed that by using a similar number a travel agency infringed Holiday Inns’ trademark in its vanity toll-free telephone number?

That there was no potential for confusion and that, therefore, there was no trademark violation.

That there was a trademark violation and that damages were available.

That although there was a potential for confusion, there was no trademark violation.

That there was a trademark violation but that only injunctive relief was available.
5 points

Question 10
A ______ is used in conjunction with services.

certification mark

trademark

service mark

trade name
5 points

Question 11
The federal trademark act is known as the _________ Act.

Trademark

Signal

Smith

Lanham
5 points

Question 12
The _________ doctrine provides that copyright protection does not extend to the useful application of an idea.

useful article

utility

equivalents

design
5 points

Question 13
Which of the following are defenses to patent-infringement claims?

noninfringement, invalidity of the patent, misuse of the patent, and innocent infringement

noninfringement, invalidity of the patent, fair use, and innocent infringement

noninfringement, fair use, misuse of the patent, and innocent infringement

Fair use, misuse of the patent, innocent infringement, and illegality of the patent
5 points

Question 14
A design dictated by function may be protected by a(n) ________ patent.

equivalents

design

utility

useful articles
5 points

Question 15
A _________ mark is a real word whose ordinary meaning has nothing to do with a trademarked product.

arbitrary

suggestive

descriptive

fanciful
5 points

Question 16
Which of the following is not a type of U.S. patent?

Plant patent

Design patent

Service patent

Utility patent
5 points

Question 17
When an idea and its expression are inseparable, the ________ doctrine dictates that the expression is not copyrightable.

merger

genericism

prior art

protected expression
5 points

Question 18
What type of efficiency exists when competition among individual producers drives all but the lowest-cost producers of goods or services out of the market?

Allocative

Economic

Strategic

Productive
5 points

Question 19
Which of the following is true regarding remedies for patent infringement?

The patent holder may seek preliminary and permanent injunctive relief and damages, as well as court costs and attorneys’ fees.

The patent holder may seek preliminary and permanent injunctive relief and damages, as well as court costs, but attorneys’ fees are unavailable.

The patent holder may seek permanent injunctive relief and damages, as well as court costs and attorneys’ fees, but preliminary injunctive relief is unavailable.

The patent holder may seek damages, as well as court costs and attorneys’ fees, but injunctive relief is unavailable.
5 points

Question 20
What are the four basic types of intellectual property?

Patents, copyrights, trademarks, and trade secrets

Patents, copyrights, certifications, and trademarks

Copyrights, certifications, trademarks, and original works

Inventions, certifications, original works, and patents