Legal and Social Chapter 24

Jason and Stacey posted a copy of their favorite movie, Frozen, on YouTube. When YouTube realized it was posted, it removed it to avoid breaking copyright laws and was not liable for the posting. This is known as A. a legal reaction. B. a safe harbor. C. the digital solution. D. copyright liability.

B. a safe harbor.

If Cub Cadet wins a trademark infringement suit by proving the defendant's trademark Kub Kadet is likely to deceive customers about who made the goods, Cub Cadet is entitled to A. up to twice the actual damages. B. an injunction to prevent further infringement. C. any profits Kub Kadet makes on its infringing product going forward. D. a public apology.

B. an injunction to prevent further infringement.

What is the best definition of a trade secret? A. A formula, device, process, method, or compilation of information that, when used in business, gives the owner an advantage over competitors. B. Any combination of words and symbols that a business uses to identify its products or services and distinguish them from others. C. The right of an inventor to prevent others from making, using, or selling his inventions for a limited time. D. The right of a creator to exclusively reproduce, distribute, and perform her work for a limited time.

A. A formula, device, process, method, or compilation of information that, when used in business, gives the owner an advantage over competitors

A college professor copies seven chapters from a book called "How to Get Better Grades—A Creative Approach to College Success!" There are ten chapters in the book. She incorporates this material into a packet that is printed in her college's copy center. The packet is then placed on the required materials list for students to purchase and is sold in the local book store. The author of the book believes the professor has violated his copyright. A. The author is right. The professor should not have copied the chapters and placed them for sale in the bookstore. B. The author is technically correct. However, even though an infringement occurred, he cannot sue the professor since educational personnel are exempt from liability under copyright law. C. The author is not correct. Under the "fair use doctrine," a college professor can copy material and distribute it to students for educational purposes. D. The author is not correct. It does not appear that the professor actually made any money from the alleged copyright infringement.

A. The author is right. The professor should not have copied the chapters and placed them for sale in the bookstore.

Ernest invents a novel, useful, nonobvious product. He A. must apply for a patent within one year of selling the product commercially. B. is entitled to a patent over someone else who invents the same product if he is the first to invent it. C. may receive patent protection for two years by filing a simpler, shorter, cheaper provisional patent application while he is working on his complex, regular patent application. D. may sell his product for up to five years to see how well it sells before going through the complex process of filing a patent application with the PTO Office.

A. must apply for a patent within one year of selling the product commercially.

What is the name of the treaty that allows American patents to be recognized and enforced in member countries? A. the Paris Convention for the Protection of Industrial Property B. the International Treaty of Trademarks and Patents C. the World Agreement of London D. the Berne Convention

A. the Paris Convention for the Protection of Industrial Property

Of the following, which is an advantage of trademark registration? A. Potential damages are lower. B. After five years the mark becomes almost impossible to challenge. C. It allows the trademark owner to use the TM symbol to put others on notice of the protection. D. It can't be used as an internet domain name.

B. After five years the mark becomes almost impossible to challenge.

Which is NOT a provision of the Digital Millennium Copyright Act? A. It is illegal to delete copyright information or distribute false copyright information. B. It is illegal to use copyrighted material under any circumstances without permission of the creator. C. It is illegal to circumvent encryption or scrambling technologies that protect copyrighted works. D. It is illegal to distribute tools and technologies designed to circumvent encryption devices.

B. It is illegal to use copyrighted material under any circumstances without permission of the creator.

James and his band played a very familiar song. However, they made up different words for the song that were intended to be funny. James's version of the popular song with different words is known as a A. knock off. B. parody. C. mockarama. D. link.

B. parody.

The Basic Books, Inc. v. Kinko's Graphic Corp. case held that A. professors could print and sell lengthy course packets of copyrighted material under the "fair use" doctrine. B. professors could not print and sell lengthy course packets of copyrighted material under the "fair use" doctrine. C. professors could not use commercial printing companies under the "fair use" doctrine. D. students could print and sell lengthy course packets of copyrighted material under the "fair use" doctrine.

B. professors could not print and sell lengthy course packets of copyrighted material under the "fair use" doctrine.

A trademark lasts for A. 20 years after the application is filed. B. 70 years after the death of the creator. C. 10 years, but it can be renewed for an unlimited number of terms as long as it is used. D. as long as it is kept confidential.

C. 10 years, but it can be renewed for an unlimited number of terms as long as it is used.

A plant patent lasts for A. 14 years from the date of issuance. B. 70 years after the death of the person who filed the patent. C. 20 years from the date of application. D. the life of the person who filed the patent.

C. 20 years from the date of application.

Intellectual property is A. protected in the same way as land. B. exclusive. C. expensive to produce but cheap to reproduce and transmit. D. expensive to produce, copy, and transmit.

C. expensive to produce but cheap to reproduce and transmit.

There are three categories of valid, distinctive marks. Which is NOT one of them? A. fanciful marks B. suggestive marks C. generic marks D. descriptive marks

C. generic marks

A company's trade secret lasts for A. 20 years after the application is filed. B. 70 years after the death of the creator. C. 10 years, but it can be renewed for an unlimited number of terms as long as it is used. D. as long as it is kept confidential.

D. as long as it is kept confidential.

The Good Housekeeping Seal of Approval is an example of a A. trademark. B. service mark. C. collective mark. D. certification mark.

D. certification mark.