BLW 411 Ch 24 Final Exam

26.) Which of the following would generally not be patentable? A.) A mathematical formula that allows one to calculate the gross national product. B.) A new business method that streamlines and improves production. C.) A business process that changes water into wine. D.) An engine that runs on water.

A,) A mathematical formula that allows one to calculate the gross national product.

28.) A design patent will last for A.) 14 years from the date of the filing of the application with the U.S. Patent and Trademark Office. B.) 14 years from the date of the approval of the application granted by the U.S. Patent and Trademark Office. C.) 20 years from the date of the filing of the application with the U.S. Patent and Trademark Office. D.) 20 years from the date of the approval of the application granted by the U.S. Patent and Trademark Office.

A.) 14 years from the date of the filing of the application with the U.S. Patent and Trademark Office.

27.) Mike has written a novel. When, if ever, would Mike's novel be copyright protected? A.) The novel is copyrighted automatically after completion. B.) The novel does not receive copyright protection unless it is registered with the U.S. Copyright Office. C.) It does not matter if it is ever copyrighted because Mike may sue in court to enforce his rights whether the novel is registered or not. D.) The novel must be published before it can be eligible for copyright protections.

A.) The novel is copyrighted automatically after completion.

24.) The three stripes on Adidas clothing represent A.) a trademark. B.) trade dress. C.) a trade secret. D.) a patent.

A.) a trademark.

19.) The No Electronic Theft Act primarily addressed protection regarding A.) copyrights. B.) patents. C.) trademarks. D.) trade secrets.

A.) copyrights.

20.) Cybersquatting describes the practice of A.) registering multiple domain names and then selling them back to companies at inflated prices. B.) hacking into a company's website to install a virus or Trojan horse designed to steal information but allow the site to continue operation. C.) using mechanical devices to access a company's website multiple times to the point that traffic to the site is slowed or blocked. D.) hacking into a company's website to install a virus designed to cause the company's website to totally cease operation.

A.) registering multiple domain names and then selling them back to companies at inflated prices.

36.) Trade secret protections are provided through A.) state statutes and common law. B.) federal statutes. C.) the U.S. Constitution. D.) the Uniform Trade Secrets Act.

A.) state statutes and common law.

13.) Both Lloyd and Harry are claiming patent protection for the same invention that each independently created. The rights to protection will be awarded to A.) the first to file an application for the patent. B.) the first to have his application approved. C.) the one who actually completed the invention first. D.) the first to bring the invention to the public realm.

A.) the first to file an application for the patent.

25.) Each of the following is considered trade dress except A.) the white linen tablecloths at the Four Seasons Restaurant in New York City. B.) the font and size of print used in a national store's print advertising. C.) the brown uniforms and trucks at UPS. D.) the costume worn by your school's mascot at sporting and other events.

A.) the white linen tablecloths at the Four Seasons Restaurant in New York City.

4.) Cellupro, a company that designed and manufactured cell phones, had a unique design to their products and a particular color for their phones and packaging. This design and color is known as A.) trade dress. B.) a service mark. C.) a fanciful mark. D.) trade style.

A.) trade dress.

31.) Cynthia hates writing term papers and reports, so when she receives an assignment to write a paper for her law class, she calls her friend Stephanie and agrees to pay Stephanie to write the paper for her. Stephanie, instead of writing the paper, copies a paper from a small, remote law journal that publishes faculty-written papers from throughout the world online. When the plagiarism is discovered, an infringement claim is brought. Cynthia is guilty of A.) vicarious infringement. B.) nothing because Stephanie, not Cynthia, infringed on the author's/publisher's copyright. C.) indirect, or contributory, infringement. D.) nothing because once a work is published online, the fair use doctrine permits unlimited use of the work without attribution.

A.) vicarious infringement.

21.) McDonald has invented a machine that harvests corn in the field, automatically shucks the corn from the husk, and peels the kernels from the cob, separating everything for easy disposal or further use. Assuming that all requirements are met for a patent, the length of his patent protection will be A.) 14 years from the completion of the invention. B.) 14 years from the filing of the application with the U.S. Patent and Trade Office. C.) 20 years from the completion of the invention. D.) 20 years from the filing of the application with the U.S. Patent and Trade Office.

B.) 14 years from the filing of the application with the U.S. Patent and Trade Office.

3.) Aquilla worked as an engineer and artist for General Manufacturing, a large automobile manufacturer. She would come up with the unique look and styling of the company's line of performance cars. General Manufacturing has applied for patent protection for her styling on the cars. This patent will be valid for A.) no duration of time. B.) 14 years. C.) 20 years. D.) as long as General Manufacturing desires.

B.) 14 years.

11.) Dr. Spec has been working for ten years on a new contact lense that will repair a person's sight back to 20/20 over the course of 12 months. The doctor knows that this will be a game changer for his profession. He wants to see how the product is received so he creates a few to sell in his practice. He sold the first pair to John on December 1, 2018. In fact the contact lenses have worked better than expected with perfect vision within just a month. A Youtube video about the new contact lenses goes viral on January 4, 2019. On January 1, 2019, Dr. Spec files a provisional application for a patent that is approved 6 months later. Dr. Spec's patent will expire on A.) January 1, 2033. B.) January 1, 2039. C.) December 1, 2038. D.) July 11, 2039.

B.) January 1, 2039.

33.) Which of the following does not have to be shown for copyright protection to be granted? A.) The work is original. B.) The work has a present or potential value. C.) The work exhibits some degree of creativity. D.) The work is fixed in a durable medium.

B.) The work has a present or potential value.

14.) Which of the following is not eligible for immediate trademark protection? A.) fanciful trademarks B.) descriptive trademarks C.) arbitrary trademarks D.) suggestive trademarks

B.) descriptive trademarks

9.) A utility or business method patent will last for A.) 14 years from the date of the filing of the application with the U.S. Patent and Trademark Office. B.) 14 years from the date of the approval of the application granted by the U.S. Patent and Trademark Office. C.) 20 years from the date of the filing of the application with the U.S. Patent and Trademark Office. D.) 20 years from the date of the approval of the application granted by the U.S. Patent and Trademark Office.

C.) 20 years from the date of the filing of the application with the U.S. Patent and Trademark Office.

30.) In order to pursue a copyright infringement claim against an Internet service provider (ISP), the copyright owner must first provide the ISP with all the following except: A.) Information sufficient to permit the ISP to contact the complaining party with address, telephone number, and email address. B.) A statement to the ISP in good faith that use of the material is not authorized. C.) A statement by the complaining party that economic loss as a result of the use of the material has occurred. D.) The statements made by the complaining party to the ISP must be made accurate and under penalty of perjury.

C.) A statement by the complaining party that economic loss as a result of the use of the material has occurred.

22.) Which of the following is not an example of a trademark lost, or in danger of losing protection, due to its becoming a generic term? A.) Kleenex B.) Band-Aid C.) Ford D.) Aspirin

C.) Ford

15.) In Metro-Goldwyn-Mayer Studios v. Grokster, Ltd., Grokster claimed a fair use exception to the copyright infringement claim because its process was such that it was impossible for Grokster to know if the users of its device were infringing or not. Which of the following was the outcome? A.) The Supreme Court agreed that since Grokster could not have known whether infringement was occurring, Grokster could not be held liable directly, indirectly, or vicariously. B.) The device provided by Grokster to its customers was capable of substantial noninfringing uses, so the fair use exception articulated in the Sony case was met. C.) Grokster was denied the fair use exception because the majority of its business model was dedicated to appealing to former Napster customers and the model showed intent to infringe on copyrights. D.) Grokster was allowed to use the fair use exception because all of the music its device was designed to copy was already in the public domain and therefore not protected.

C.) Grokster was denied the fair use exception because the majority of its business model was dedicated to appealing to former Napster customers and the model showed intent to infringe on copyrights.

29.) Martin is an intern working for Tennessee Fried Chicken (TFC), an international company with over 1,000 franchised restaurants throughout the United States and in 21 other countries. TFC heavily advertises on television and in various print media that its chicken is superior due to its blend of "42 secret herbs and spices." Many have tried to duplicate the recipe unsuccessfully, and burglars have even been caught trying to steal it. One day Martin is called into the president's office for an assignment, and during their conversation, the president leaves the room, leaving Martin alone. Martin notices that the wall safe is open and looks inside, where he sees an envelope labeled "THE RECIPE." He opens it and finds that it is the list of the 42 secret herbs and spices, along with quantities and order of use. He quickly makes a copy of the recipe and returns the envelope to the safe. That afternoon, he calls Bluto's Fried Chicken, a TFC competitor, and informs Bluto's of the information he possesses, and they arrange a meeting. If Martin sells the recipe to Bluto's, who, if anyone, would be guilty of misappropriation? A.) If Martin sells the recipe to Bluto's, Martin is guilty of misappropriation but Bluto's is not guilty of misappropriation. B.) If Martin sells the recipe to Bluto's, Martin is not guilty of misappropriation but Bluto's is guilty of misappropriation. C.) If Martin sells the recipe to Bluto's, both Martin and Bluto's are guilty of misappropriation.

C.) If Martin sells the recipe to Bluto's, both Martin and Bluto's are guilty of misappropriation.

5.) Which of the following is eligible for immediate trademark protection? A.) independent trademarks B.) descriptive trademarks C.) arbitrary trademarks D.) All trademarks qualify for immediate protection

C.) arbitrary trademarks

12.) A trademark can be any of the following except a A.) word. B.) symbol. C.) formula. D.) phrase.

C.) formula.

1.) Valentino patented a new and unique manufacturing process that his corporation used. This is known as a A.) plant patent. B.) design patent. C.) utility patent. D.) manufacturing patent.

C.) utility patent.

17.) Mike has been hired by a publishing company to write a companion book for a particular text sold to college students. In 2010, Mike completes the companion book, and he signs over his copyright to the publisher. The publisher actually publishes the book in 2013. When will the publisher's copyright run out and expire? A.) 2080 B.) 2083 C.) 2105 D.) 2108

D.) 2108

23.) Mary Beth has written a novel. Copyright protection regarding her work will be for A.) 70 years beginning from the date she began writing the novel. B.) 70 years beginning from the date that she completed the novel. C.) 70 years beginning from the date the novel is published. D.) 70 years after her death.

D.) 70 years after her death.

18.) Which of the following is an example of a suggestive trademark? A.) Fruit of the Loom B.) Victoria's Secret C.) eBay D.) Netflix

D.) Netflix

6.) SharePeer (SP), an online music streaming service, is a platform for music sharing. SP had a policy against copyright infringement by members. SP also had the ability to locate and identify songs posted on its service that infringed upon copyrights. SP had a policy where they would terminate the membership of those users who violated copyrights. Thousands of songs were posted that did not violate copyrights. However, thousands of members of SP were violating the policies and infringing upon the copyrights of Big Music, a major recording label. SP had not taken actions to stop the infringement. If Big Music sues SP for infringement, what is the likely result? A.) SP cannot be successfully sued because they only provided a platform for infringement, the company did not itself infringe upon copyrights, thus the only action for Big Music is against the violating members. B.) SP cannot be successfully sued because they have a policy against infringement and the platform they provided to customers was capable of substantial noninfringing uses. C.) SP can be successfully for direct infringement. D.) SP can be successfully for indirect infringement.

D.) SP can be successfully for indirect infringement.

35.) Which of the following is a service mark? A.) The Adidas three stripes on a pair of sneakers. B.) The GEICO gecko in advertisements. C.) McDonald's golden arches. D.) The Geek Squad at Best Buy.

D.) The Geek Squad at Best Buy.

7.) ABC Corporation substantially copied a patent of XYZ Corporation. ABC did not precisely copy XYZ's patent as there was one element of ABC's device that performed substantially the same function but was not exactly the same as XYZ's patent. If XYZ sued for infringement, what doctrine would support XYZ's theory? A.) The rule of exactness B.) The doctrine of omission C.) The rule of inclusion D.) The doctrine of equivalence

D.) The doctrine of equivalence

2.) Zachary was the CEO of Zachary's Fried Chicken (ZFC), a national chain of stores. He kept ZFC's process of seasoning and frying chicken secret from competitors, but he did not patent it. This process will be protected for A.) no duration of time. B.) 20 years. C.) Zachary's life plus 70 years. D.) as long as ZFC desires.

D.) as long as ZFC desires.

10.) Trade secrets are protectable A.) for 9 years. B.) for 17 years. C.) for 23 years. D.) for as long as the company desires.

D.) for as long as the company desires.

32.) The Computer Software Copyright Act defined computer software programs as A.) literary processes. B.) literary systems. C.) literary operations. D.) literary works.

D.) literary works.

8.) Acme Corporation attempted to register a trademark that was generic and not fanciful, arbitrary, suggestive or descriptive with a secondary meaning. Under these circumstances, Acme has A.) an excellent case for the registration of a trademark because generic trademarks, as opposed to fanciful, arbitrary or suggestive trademarks, are capable of being copyrighted. B.) an excellent case for the registration of a trademark because all trademarks are capable of being copyrighted. C.) no case for registration of the trademark because a trademark must be fanciful, arbitrary or suggestive to be capable of being copyrighted. D.) no case for registration of the trademark because a trademark must be independent, rather than fanciful, arbitrary or suggestive, to be capable of being copyrighted.

D.) no case for registration of the trademark because a trademark must be fanciful, arbitrary or suggestive to be capable of being copyrighted.

16.) Which of the following describes a literal patent infringement where the infringed device does more than is described in the patent application of the protected invention? A.) rule of exactness B.) rule of omission C.) rule of inclusion D.) rule of addition

D.) rule of addition

34.) Professor Patty is very distraught that three students in her class cannot afford to buy the 42-chapter book for the course. The book is used for two semesters, although not all students take the second semester. She finally tells the three students that she will make copies of the first 21 chapters for them, at no charge. Professor Patty makes the copies and gives each chapter to the students prior to her coverage of the relevant chapter in class. If Professor Patty is sued for copyright infringement A.) she wins because the fair use doctrine permits use of the work for educational purposes. B.) she wins because she is not copying the entire book but only 21 chapters of it and is not making a profit. C.) she loses because by making and distributing the chapters, she is diminishing the value of the book on the national market. D.) she loses because she is copying whole sections and a significant portion of the book.

D.) she loses because she is copying whole sections and a significant portion of the book.