BLAW 341 Final Hypos

The Lanham Act: protects the rights of patent holders. requires infringement to be intentional. protects the rights of trademark holders. makes selling trade secrets a crime.

protects the rights of trademark holders.

FMLA requires employers covered by the act to: (Select 2 answers) (Assume employee is NOT in the military or part of a military family.)

provide up to 12 weeks of unpaid leave in one year for qualified employees. allow the qualified employee to continue on the workers' health insurance plan provided by the company.

Monica has created her own cleaning solution. Monica's friends encourage her to sell the cleaning solution; they think it is so fantastic they believe Monica will make a lot of money on it. They encourage Monica to apply for a patent on the cleaning solution formula so that no one can copy it, and so Monica will be the only one who can sell it. Monica likes the idea of making a lot of money but knows she will have to reveal her formula to obtain a patent, otherwise she would have to keep it a trade secret. If Monica decides to apply for and receives a patent on the cleaning solution: she can change the formula and still maintain her patent. she will be protected under Section 757 of the Restatement of Tort. she has revealed the formula, but has the sole right to produce it and sell it for fourteen years. she has revealed the formula, but has the sole right to produce it and sell it for twenty years.

she has revealed the formula, but has the sole right to produce it and sell it for twenty years.

Arvitz purchases a copy of Wordsample 7.0 software, the newest version of the word processing program he normally uses. Arvitz wants to share a copy of the software with his friends Kim and Carrie, but the program was designed to only be copied once. Arvitz is a decent programmer, so after spending a little time with the program, Arvitz learns how to bypass the code that only allows the program to be copied once. Arvitz then makes copies of the program and gives these copies to Kim and Carrie. By copying the word processing program and giving the program to his friends, Arvitz has violated: no law. the Software Copyright Act of 2019. the Digital Millennium Patent Act. the Digital Millennium Copyright Act.

the Digital Millennium Copyright Act.

Benita has a food truck where she sells spicy fried gorditas. Benita has been making the gorditas for years, using her family's recipe that has been passed down from generation to generation. Benita wants to protect her family recipe from being revealed to anyone else, so Benita considers the options available to her for the protection of her intellectual property. Because Benita's main concern is protecting the recipe from being revealed to anyone else, Benita's best approach is to treat the family fried gordita recipe as a: copyright. trademark. trade secret. patent.

trade secret.

A business using a word, phrase, symbol, or design to identify and distinguish its brand of goods would protect that branding with a: copyright. patent. trade secret. trademark.

trademark

To prevent others from making, selling, or using an invention, an inventor should seek what type of intellectual property protection? trademark protection trade secrets protection utility patent protection copyright protection

utility patent protection

*Penn State Motion Picture Studios hired Sebastian as an employee to create a film. Sebastian created the film "Penn State Memories" in 2000. The studio first distributed the film later in the same year. In what year will Penn State Motion Picture Studio's copyright in the film expire? A.2070 B.2095 C.2120

B.2095

nYou have worked for a company that provided benefits for your entire working life. You are now 65 and retired. Assuming you are not indigent, what federal program can you use to insure your medical care? A.Social Security B.Medicare C.Medicaid

B.Medicare

The earliest international agreement that provided copyright protections among the signatories to the agreement was the: Madrid Protocol. Trade-Related Aspects of Intellectual Property Rights Agreement. Berne Convention. Anti-Counterfeiting Trade Agreement.

Berne Convention.

Yong is employed by Fickle Corp. Who pays into the social security system to make sure Yong is eligible to receive benefits when he is 67?

Both Yong and Fickle Corp

Danielle lives in New York. Jessica lives in Los Angeles. The two have never met, do not share any acquaintances, and are unfamiliar with one another's work. If Danielle and Jessica independently create identical books, who can receive a copyright in the work? A.The first to create the work B.The first to register for a copyright C.Both Danielle and Jessica Neither Danielle nor Jessica

C.Both Danielle and Jessica

Three years after Robert began working for his current large private employer, Robert's wife had a baby. Robert took off 8 weeks from work. Must Robert's employer pay Robert his regular salary during the time Robert took off?

No

Which of the following types of intellectual property protection usually has a set term of 20 years? Utility patent trade secret trademark copyright

Utility patent

*Confiscations by a foreign government are considered legal under principles of international law.

false

Patentability as a utility patent requires the invention be: useful, novel, and non-obvious. distinctive. commercially valuable.

useful, novel, and non-obvious.

The holder of a utility patent may protect their rights for: as long as the patent is kept confidential. 20 years from the date they apply for the patent. their life plus 70 years. 14 years from the date their patent is granted.

20 years from the date they apply for the patent.

*In the year 2000, Maya wrote a book. Maya died in 2010. In what year will Maya's copyright protection expire? A.2070 B.2080 C.2095 D.2120

2080

An independent author may expect to receive copyright protection for the life of the author plus:

70 years

Frank downloaded 100 movies from the internet. Frank was aware that downloading movies from the sites he used was illegal. Assuming a court determines that Frank is a willful infringer, what are the maximum damages a court may order Frank to pay? A.100 x $150,000 = $15,000,000 B.100 x $30,000 = $3,000,000

A.100 x $150,000 = $15,000,000

Which international agreement requires its member countries to establish border procedures for searching international shipments of goods?

Anti-Counterfeiting Trade Agreement

A company handbook states that employees will be given warnings for three instances of arriving late for work, after which they will be fired. An employee is fired after being late for the first time. Which of the exceptions to at-will employment could apply? Tort law. Public policy. Statutes. Contractual agreements.

Contractual agreements

Dakota's series of romantic novels is very popular in the United States, so much so that her publisher, Antwone, wants to begin publishing the novels in other countries as well. Antwone approaches a publishing house in Australia, and the publishing house is open to discussing a deal. Dakota is concerned that her copyright only protects her in the United States, so Dakota asks Antwone to research that for her. When Antwone researches that issue for Dakota, he will discover that: Dakota's novels will be protected if the United States has signed the Berne Convention. Dakota's novels will be protected if Australia has signed the Berne Convention. Dakota's novels are only protected in the United States. Dakota's novels will be protected if both the United States and Australia are signatories to the Berne Convention

Dakota's novels will be protected if both the United States and Australia are signatories to the Berne Convention

What are the best remedies for wrongful termination in the case of someone who found another job three months after being fired? Choose 2 answer choices. Lost benefits. Criminal charges. Reinstatement. Lost wages.

Lost benefits. Lost wages.

Which of the following qualifies for protection under the first sale doctrine? Sofia writes a piece of music and sells the rights to the composition. Francesco buys an original painting, paints an exact copy of it, and sells it. Lucia purchases a book and later resells it to her friend. Hugo buys a computer program, copies the code to his own computer, and then sells the program to another person.

Lucia purchases a book and later resells it to her friend.

Ben works at Three Mile Island (TMI), a nuclear power reactor. Ben noticed that his personal radioactivity sensor badge (that detects high levels of radiation) has registered abnormally high exposure levels, so Ben walked off the job and refuses to return until proper testing is conducted. Under OSHA, can TMI fire Ben for failure to perform his duties?

No

Bobby was hurt while commuting from his home to work on Monday morning. Can Bobby claim workers' compensation benefits for the injuries he received?

No

Kaan invented a widget on Jan 1, 2021. This widget had never before been written about anywhere in the world, nor had anyone in the U.S. ever heard of such a thing. However, a small Amazon tribe deep in the jungle had invented and used a widget for over a thousand years. Does Kaan's widget meet the U.S. patent test for "novel/novelty" so that he may potentially patent his widget in the U.S.?

YES

Which of the following types of intellectual property may only be owned by a business? a trademark a trade secret a copyright a patent

a trade secret

The first sale doctrine: allows the owner of a copy of a copyrighted work to make an additional copy and sell that work. allows a person who owns a lawfully made copy of a copyrighted work to sell the copy. does not apply to computer programs readable by humans. allows for the rental or lease of sound recordings. Assessment question

allows a person who owns a lawfully made copy of a copyrighted work to sell the copy.

How long do you think the protection for your book will last? thirty years as long as you live, plus seventy years as long as you live twenty years

as long as you live, plus seventy years

Chloe is taking a botany class at the local university, so she purchases the textbook from the bookstore. Several of Chloe's friends are also taking the botany class. Chloe decides to make some money on her purchase of the textbook. Chloe scans the book into her computer and then sells the digital copies to her friends for 25 percent of the price they would have paid for the textbook. After selling her digital "product" to six friends, Chloe not only has more than recovered the cost of her textbook, she can still sell the book back to the bookstore at the end of the semester. Genius! By scanning and selling the textbook, Chloe has: committed copyright infringement if she sells the textbook back to the bookstore at the end of the semester. not committed copyright infringement because her actions are permissible under the first sale doctrine. not committed copyright infringement whether or not she sells the textbook back to the bookstore at the end of the semester. committed copyright infringement because her actions are not permissible under the first sale doctrine.

committed copyright infringement because her actions are not permissible under the first sale doctrine.

One of the key purposes of the Digital Millennium Copyright Act (DMCA) is to bring copyright laws into the digital age by regulating digital media copyright infringement. As with non-digital assets, an owner of copyrightable material: does not need to include a (c) symbol on their digital work in order to be protected from reproduction. must include a (c) symbol on their digital work in order to have worldwide protection from reproduction. must include a (c) symbol on their digital work in order to be protected from reproduction. must submit an application for protection to the USPTO.

does not need to include a (c) symbol on their digital work in order to be protected from reproduction.

Which of the following types of trademarks are in the correct order, from highest protection to lowest protection? fanciful, arbitrary, suggestive, descriptive, generic suggestive, arbitrary, fanciful, generic, descriptive arbitrary, fanciful, suggestive, descriptive, generic generic, descriptive, arbitrary, fanciful, suggestive

fanciful, arbitrary, suggestive, descriptive, generic

You've spent the last eighteen months writing a how-to book for entrepreneurs who want to establish their own business. As you put the final editing touches on the book, you start thinking about how you can protect your book, and how you can make sure you receive the profit from it. What do you think you should do to make sure only you can profit from your work? -You can apply for a trademark to protect your work. -Nothing; copyright protection happens automatically once the work is in tangible form. -You can register a copyright with the United States Copyright Office. -You can apply for a patent to protect your work.

-Nothing; copyright protection happens automatically once the work is in tangible form.

Gerald has been a sales representative for Goldsmith's Department Store for the past five years. When Gerald was hired, the general manager told Gerald that he would have a job there as long as he made $3,000 in sales each month. Every month, Gerald has exceeded that level in sales, so he is surprised when his supervisor calls him into the office and fires him. Gerald tells the supervisor about the promise from the general manager not to fire him as long as his sales were $3,000 each month. The supervisor responds by telling Gerald that the law in this state is employment at will, so he can fire him at any time for any reason. If Gerald sues Goldsmith's for wrongful termination, he will likely: -not be successful because the promise from the general manager was not in writing. -not be successful because employment at will means that an employee can be fired at any time for any reason. -be successful because the general manager orally promised him that he would remain in his job as long as his sales stayed at a specific level, and he has maintained that level.

-be successful because the general manager orally promised him that he would remain in his job as long as his sales stayed at a specific level, and he has maintained that level.

Bill owns a U.S. factory that makes clothes. Can Bill hire Sally, a 12 year old girl, to work the sewing machines in his shop? (Sally is not related to Bill.) A.No, assuming clothing manufactures are not an industry that permits child labor; B.Yes, but Sally can only work during certain times of the day and for a limited number of hours

A.No, assuming clothing manufactures are not an industry that permits child labor;

You own a store that uses a highly stylized "+ " (a stylized image will be shown in class) sign for its logo. This logo is an original design. In addition, the logo for your store has become very well known -- when customers see this logo they immediately think of your store. You want to make sure no other store owner uses your logo. You wish to protect your IP rights. What form(s) of protection would be the most appropriate for you? (Choose all answers that apply.) A.Trademark B.Design Patent C.Copyright D.Both A and C are correct E.A, B, and C are correct

A.Trademark C.Copyright

Scientist created a product and claimed in the patent application that the product could "restore hair growth." When tested, the product improved hair growth by 25%. Would the patent examiners (USPTO) likely grant the patent? A.Yes, the patent examiners would likely GRANT the patent. B.No, the patent examiners would DENY the patent.

A.Yes, the patent examiners would likely GRANT the patent.

Dope Co. developed a new anti-aging beauty cream. They kept the formula closely guarded, but Eternal Life Co. bought a bottle of the product from Rite-Aid and reverse engineered a duplicate product. If Dope Co. sues Eternal Life Co. for trade secret infringement, will Dope Co. likely win?

NO

Anuja was injured on the job. Her injury occurred because her employer and a coworker had been negligent. She has filed a state worker's compensation claim and has begun receiving benefits, but she also wants to file litigation against her employer to obtain additional compensation for her injuries. Will Anuja be permitted to file a lawsuit?

No

Ben is an accountant. He works for a large accounting firm and earns a fixed $80,000/year salary. Ben usually works 40 hours per week, but for 8 weeks this year he worked 60 hours per week. Under the FLSA, is Ben entitled to 1.5 times his regular weekly wage for 20 hours per week for the 8 weeks during which he worked longer hours?

No

A business will be able to protect its trademark for how long? 20 years from the date of registration of the trademark forever, whether or not it is in use as long as the registration is renewed every 70 years if unregistered, as long as it is in use and continues to be recognized by consumers as a source indicator of goods/services.

if unregistered, as long as it is in use and continues to be recognized by consumers as a source indicator of goods/services.

*Does the U.S. Constitution permit the U.S. government to impose taxes on exports?

no but they can set quotas, incentives, and credit gurantees

*Sumukh purchased Michael Jackson's "Thriller" album on CD. Sumukh made a copy of this CD for his personal use. Has Sumukh infringed on the Jackson estate's copyright in the CD?

nooo

Benjamin works for The Cabinet Maker, a large manufacturing plant that makes ready-to-hang cabinets for the kitchen and bath. Benjamin is running a table saw that cuts wood into strips to make a cabinet. As Benjamin loads wood onto the conveyer belt, he slips on the concrete floor and falls into the table saw. Benjamin's face and arms are severely injured by the table saw, and he is rushed to the hospital. Benjamin's injuries are so severe that he is admitted to the hospital for four days. The Cabinet Maker must file a report of Benjamin's work-related injury with the Occupational Safety and Health Administration (OSHA) within: forty-eight hours. twenty-four hours. one week. eight hours.

twenty-four hours.

Lydia created a beautiful drawing of the Bald Eagle forest in autumn. Lydia sold her drawing in stores downtown. Dylan loved Lydia's drawing, purchased a copy, then made a photocopy of the drawing. He hung the drawing in his bedroom and no one else ever saw the drawing. Has Dylan infringed Lydia's copyright?

yes

For an original work of authorship, such as a book, song, poem, article, recording, or other work, an author would seek the protection of a: copyright trademark. trade secret. patent.

copyright

Matt is an improvisational comedian. His work is completely spontaneous, and he never writes down his jokes. Each performance is fresh and new. On Saturday night, Matt performed live at Eisenhower Auditorium. The performance was not recorded. Can Matt receive a copyright in the jokes he uses in the performance?

noooo

Matt was summoned for jury duty and was required to leave his job for two months. Upon his return, his employer said his position had been filled. Does Matt have a valid claim for wrongful discharge against his employer?

yes

Onida is an employee at Kale's Manufacturing Company. The company makes bicycle tires, and Onida's job is to inspect the inner tubes before they are inserted into the tires. She recently noticed that the inner tubes are thinner than the safety specifications require. Onida tells her supervisor, Tom, about the problem, and is instructed to ignore it because these thinner tubes save the company money. Onida cannot ignore this problem in good conscience, so she tells Tom that if he is not going to report the problem, she will. Tom then fires Onida. Kale's Manufacturing Company is in an employment-at-will state. If Onida brings a lawsuit for wrongful termination, she will likely: -be unsuccessful because she refused to follow her supervisor's directions. -be unsuccessful because employment at will means that an employee can be fired at any time for any reason. -be successful because she was fired for an unlawful reason. -be successful because employment at will means that a company must have a valid reason for terminating an employee.

-be successful because she was fired for an unlawful reason.

After Kaan invented his widget on Jan. 1, 2021. He published a paper on his widget in a scientific journal on March 1, 2021. Thereafter, he gave public demonstrations and published additional papers on a regular basis. Kaan was so busy promoting his widget, however, that he did not file a patent application for his widget until July 1, 2022. Will the USPTO grant Kaan's patent application?

NO

You are an accounting student at a university and also a talented guitar player. During summer vacation, you are hired full time to do bookkeeping for a computer store. You work during normal business hours at the computer store. Your work there is supervised by the office manager, and you are paid an hourly wage. On Saturday nights, you play guitar at a pub. You bring your own instrument and you decide what music to play. You are paid a set price for this gig. Are you an employee or an independent contractor at the store and at the pub? You are an independent contractor of the computer store and an employee of the pub. You are an employee of both the computer store and the pub. You are an employee of the computer store and an independent contractor of the pub. You are an independent contractor of both the computer store and the pub.

You are an employee of the computer store and an independent contractor of the pub.

Mateo is sixteen years old and just got his first job bagging groceries at Harry's Market, a local grocery store. During the school year, Mateo works limited hours after school and on the weekends. Now that school is out, Harry's Market increases Mateo's hours to six days a week and eight hours a day. Mateo's mother Isabel is concerned about Mateo working such long hours. She knows there is a federal law, the Fair Labor Standards Act (FLSA), that protects children from working long hours and too many days per week. When Isabel raises the issue with Mateo's supervisor, Mateo's supervisor explains to Isabel that: under the FLSA, children under eighteen must work less than forty hours per week. under the FLSA, children under eighteen must work less than thirty-five hours per week. under the FLSA, children who are sixteen or seventeen years old may work unlimited hours as long as they work in nonhazardous jobs. under the FLSA, children under eighteen must work less than thirty hours per week.

under the FLSA, children who are sixteen or seventeen years old may work unlimited hours as long as they work in nonhazardous jobs.