BADM A720 Legal Ethical Business

Which of the following is most likely to be awarded a patent:

a. A medical scientist who explains a previously-unexplained bodily function b. An engineer who designs a beautiful plane that cannot fly Answer: c. A student who creates a novel, useful, and non-obvious invention d. None of these is correct.

Which of the following is an example of intellectual property?

a. A stock certificate b. A laptop computer Answer: c. A computer software program d. A beach house e. All of these are correct.

Which of the following is not protected by copyright law?

a. A taped musical performance Answer: b. A company logo c. A screenplay d. A film e. A musical composition

Which of the following is considered to be in "the public domain?

Answer: a. Common story plots, such as two people from different feuding families who fall in love b. A story that has been incorporated into a compendium of stories c. A musical composition that has been publicized as part of a popular movie d. Work that has been registered with "the creative commons"

Traphicones, Inc. produces and sells traffic cones. The CEO of Traphicones decides that it needs to do something to set its cones apart from the competition, so she orders its factory to begin producing bright pink traffic cones instead of the traditional bright orange traffic cones. Shortly thereafter, Traphicones decides to apply for federally registered trademarks for the name of the company and for the pink color of its traffic cones. When Traphicones applies for the trademarks, is the USPTO likely to grant its applications?

Answer: a. The USPTO is likely to grant the applications for the company name, but not the pink color of the traffic cones. b. The USPTO is unlikely to grant the applications for both the company name and the pink color of the traffic cones. c. The USPTO is likely to grant the applications for both the company name and the pink color of the traffic cones. d. The USPTO is unlikely to grant the applications for the company name, but is likely to grant the application for the pink color of the traffic cones.

American copyright law creates a bundle of rights for the owner, including the right to reproduce, distribute, perform, display, or adapt the work.

Answer: a. True b. False

Copyright attaches:

Answer: a. when work is first signed, dated, and made public. b. when work is registered with the Federal Copyright Office. c. when the author files suit to claim her rights. d. None of these is correct.

Seth Marlton is the top wide receiver on the Los Angeles Stars, a professional football team. Every time he scores a touchdown, he does his signature backflip, which has brought him a great deal of notoriety. A local car dealership recently ran a series of advertisement in which a cartoon football player wearing a uniform that resembles the Stars' uniform does backflips across the screen, with the tag line, "You will flip over our deals!" If Seth Martlon sues the car dealership and its ad agency claiming they have infringed on his right to publicity, what is the best argument they can make to defend against his claim?

a. Because the advertisements did not use actual images of Seth Marlton, he does not have a claim. b. As a professional football player who is prominent in the public eye, he has no right to publicity. Answer: c. Seth Marlton is not the only football play that does celebratory backflips, so it is not clear that the advertisements were trying to use his celebrity for commercial gain. d. Because the advertisements are animated, consumers are unlikely to take them seriously.

Which of the following best describes "fair use" of a copyrighted work?

a. Copying another's work, so long as the author is given credit b. Citing or copying work that is in the public domain c. Citing or copying part of a copyrighted work when the author gives permission Answer: d. Citing or copying a small amount of an author's work for limited, identified purposes, such as teaching or critiquing a poem

Which laws protects a company's ownership of its name or logo?

a. Copyright law and trademark law Answer: b. The Lanham Act and state laws c. Copyright law and the federal Fair Trade Act d. None of these are correct

Sunny Kim recently quit his job as a regional sales strategist at a company that owns home improvement stores across the country. Sunny was in charge of the New England region. He left his job to take a new position as chief sales strategist for a smaller, regional home improvement chain that has stores in Oregon and California. His former employer files for an injunction to stop Sunny from working for the new company in order to protect its trade secrets. What will Sunny's former employer have to prove in order to stop him from working at the new company?

a. His former employee must prove Sunny's new company hired him specifically to gain access to the trade secrets he knows from working at his former company. b. His former company can only stop Sunny from working for his new company if it can prove he divulged his former company's trade secrets. c. His former company has to prove in order to stop him from starting his new job is that the two companies compete for the same customers. Answer: d. His former company must prove that the nature of Sunny's new job will inevitably lead him to share his former company's trade secrets.

In order to obtain a patent under U.S. Patent Law, an inventor must have an invention that is I. Not obvious II. Unique III. Useful IV. Not a modification of any prior patents

a. I only b. I, II, III and IV c. I and II Answer: d. I, II and III

Big Jim is a chart-topping hip hop artist well known for screaming the word "legendary" in his signature scratchy voice at least once in every song he records. Recently, another hip-hop artist, MC Hot-Take, recorded a song entitled "A New Legend Begins," in which he repeats a sample of Big Jim saying "legendary" throughout the refrain. Big Jim would like to sue MC Hot-Take for copyright infringement. Should his lawsuit be successful?

a. No, because Big Jim has not created any works that are entitled to copyright protection. b. No, because MC Hot-Take only copied one word from Big Jim's songs. Answer: c. Yes, because Big Jim's unique way of saying "legendary" is well known, it qualifies for protection under the fragmented literal similarity test. d. Yes, because Jim uses the word "legendary" so frequently, he likely owns a copyright that would prevent anyone from saying or singing the word in any recorded song.

What is the relationship between copyright and plagiarism?

a. Plagiarism always involves a violation of copyright. b. Copyright always involves plagiarism. c. It is possible to plagiarize without violating copyright, but not the other way around. d. It is possible to violate copyright without plagiarizing, but not the other way around. Answer: e. None of these is correct.

Which of the following trade agreements incorporates rules for intellectual property?

a. The 1994 TRIPS Agreement b. The Biodiversity Convention of 1992 c. The Doha Declaration of 2001 Answer: d. All of these are correct.

Once the copyright on a work has expired:

a. The owner can renew it for a new term b. The work becomes the property of the government Answer: c. The work is in the public domain d. The work is considered no longer creative

Trade secrets are registered just like trademarks.

a. True Answer: b. False

Under which of the following circumstances is a court most likely to find that it should prevent the "inevitable disclosure" of a trade secret?

a. When a company failed to protect its secret Answer: b. When a former employee goes to work for a competitor c. Both of these are correct. d. None of these are correct.

Federal Trademark Dilution law protects:

a. against fair use of a trademark. b. against dilution of any mark. c. all trademark holders' monopoly rights to use their mark. Answer: d. against tarnishment of a "famous mark."

Copyright gives the author a monopoly that lasts:

a. for 70 years. b. for 70 years, or the author's life, whichever is longer. Answer: c. for 70 years after the author dies. d. for the author's life.

Music file-sharing using programs like Napster or Grokster:

a. is lawful in the United States. Answer: b. is a violation of copyright law. c. may violate trade secret law. d. is considered to be a "fair use."

In order to bring a suit for violation of federal trade secret law, an injured company must show that:

a. it registered its trade secret with the appropriate federal agency. Answer: b. it took reasonable steps to preserve its secret. c. there was no economic benefit to its secret. d. All of these are correct.

The Digital Millennium Copyright Act (DMCA) outlaws:

a. the fair use of digital musical videos. Answer: b. technology designed to circumvent digital walls. c. digital technology that cannot be patented. d. All of these are correct.