BUL 5810 Exam 2
Marks - answer The Federal Trademark Act grants protection for trade symbols known
as:
the image and packaging of the product - answer When a company protects "the trade
dress" against adoption they are protecting:
All of these are correct - answer Federal regulation is not required to establish rights in
a mark; however, it:
a. constitutes prima facie evidence of the right to use the mark.
b. gives nationwide constructive notice of the mark to all users.
c. permits the registrant to use the Federal courts to enforce the mark.
d. All of these are correct.
lettering or coloring - answer A copyright bestows upon the creator of an artistic or
literary work a federal statutory right to protect all of the following except:
All of these are correct - answer Which of the following is an exclusive right of the holder
of a copyright?
a. To prepare works that are derived from the original work.
b. To reproduce the work.
c. To distribute copies of recordings of the original work.
d. All of these are correct.
the Berne Convention - answerWhich copyright law changed in 1989, so that it is no
longer mandatory that works published contain a notice of copyright?
All of these are correct - answerWhich of the following uses of copyrighted material may
be permitted as "fair use"?
a. Making multiple copies for teaching in a classroom setting.
b. Parodies and caricatures of another's work.
c. Comment and criticism of another's work.
d. All of these are correct.
Product - answerWhich of the following is not one of the three types of patents available
under U.S. law?
20 - answerPlant patents have a duration of _____ years.
trade secret - answerA business device, compilation of information, or formula that is
used in one's business to provide an advantage over competitors that do not have it is
legally known as a:
, confidentially share or communicate the information for a special purpose. - answerIn
order to protect themselves from disclosure of proprietary or confidential information,
businesses must do all but the following:
True, companies must actively take steps to protect trade secrets. - answerGrace's
company may lawfully discover Steve's company's trade secrets if Steve's company
fails to take reasonable precautions to protect their trade secrets. Is this true?
K-B can file for copyright protection of the campaign pieces - answerK-BPen Company
has developed a new and innovative magazine and television ad campaign that it would
like to protect from use by its competitors. How can K-Bprotects its campaign?
No, there are some fair use exceptions from coverage of the Act - answerA professor
photocopies fifty copies of a copyrighted chart to distribute to his students in class. Is
this a clear violation of the Copyright Act?
a fine of up to $500,000 and imprisonment - answerCharlie, without authorization and
after many unsuccessful attempts to access the information, hacks into part of his
company's system and downloads a formula used to make an award-winning salsa. He
plans to use the formula to create a similar product and make enough money to retire.
Instead, he may face:
Copyright - answerRebecca is an artist and would like to protect one of her original
photograph from being reproduced and sold as original prints. She may protect her
photograph by applying for a:
It is unlikely that Jasper will be able to register the name "Yale Software," because it
falsely suggests a connection to an institution. - answerJasper, a businessperson, has
no connection with Yale University, but he has a new line of computer software that he
would like to market to university students and faculty under the name of "Yale
Software." Which statement is correct?
Fair use defense - answerBeard Sal, a comedian/musician composed a song which
parodied a famous work by the band, Metallica. If Metallica sues Beard Sal for copyright
infringement, what is his best defense to the lawsuit?
20 years - answerAlbert owns a patent on a process to recycle aluminum. What is the
duration of Albert's utility patent?
All of the above - answerDenise seeks to protect her design of a special hairclip that will
hold a person's hair for nearly 24 hours. Which of the following must her patent
application explain in order to receive the design patent?
a. Denise must demonstrate that the hair clip has utility.
b. Denise must demonstrate that her design is not obvious.
c. All of the answers are correct.
Marks - answer The Federal Trademark Act grants protection for trade symbols known
as:
the image and packaging of the product - answer When a company protects "the trade
dress" against adoption they are protecting:
All of these are correct - answer Federal regulation is not required to establish rights in
a mark; however, it:
a. constitutes prima facie evidence of the right to use the mark.
b. gives nationwide constructive notice of the mark to all users.
c. permits the registrant to use the Federal courts to enforce the mark.
d. All of these are correct.
lettering or coloring - answer A copyright bestows upon the creator of an artistic or
literary work a federal statutory right to protect all of the following except:
All of these are correct - answer Which of the following is an exclusive right of the holder
of a copyright?
a. To prepare works that are derived from the original work.
b. To reproduce the work.
c. To distribute copies of recordings of the original work.
d. All of these are correct.
the Berne Convention - answerWhich copyright law changed in 1989, so that it is no
longer mandatory that works published contain a notice of copyright?
All of these are correct - answerWhich of the following uses of copyrighted material may
be permitted as "fair use"?
a. Making multiple copies for teaching in a classroom setting.
b. Parodies and caricatures of another's work.
c. Comment and criticism of another's work.
d. All of these are correct.
Product - answerWhich of the following is not one of the three types of patents available
under U.S. law?
20 - answerPlant patents have a duration of _____ years.
trade secret - answerA business device, compilation of information, or formula that is
used in one's business to provide an advantage over competitors that do not have it is
legally known as a:
, confidentially share or communicate the information for a special purpose. - answerIn
order to protect themselves from disclosure of proprietary or confidential information,
businesses must do all but the following:
True, companies must actively take steps to protect trade secrets. - answerGrace's
company may lawfully discover Steve's company's trade secrets if Steve's company
fails to take reasonable precautions to protect their trade secrets. Is this true?
K-B can file for copyright protection of the campaign pieces - answerK-BPen Company
has developed a new and innovative magazine and television ad campaign that it would
like to protect from use by its competitors. How can K-Bprotects its campaign?
No, there are some fair use exceptions from coverage of the Act - answerA professor
photocopies fifty copies of a copyrighted chart to distribute to his students in class. Is
this a clear violation of the Copyright Act?
a fine of up to $500,000 and imprisonment - answerCharlie, without authorization and
after many unsuccessful attempts to access the information, hacks into part of his
company's system and downloads a formula used to make an award-winning salsa. He
plans to use the formula to create a similar product and make enough money to retire.
Instead, he may face:
Copyright - answerRebecca is an artist and would like to protect one of her original
photograph from being reproduced and sold as original prints. She may protect her
photograph by applying for a:
It is unlikely that Jasper will be able to register the name "Yale Software," because it
falsely suggests a connection to an institution. - answerJasper, a businessperson, has
no connection with Yale University, but he has a new line of computer software that he
would like to market to university students and faculty under the name of "Yale
Software." Which statement is correct?
Fair use defense - answerBeard Sal, a comedian/musician composed a song which
parodied a famous work by the band, Metallica. If Metallica sues Beard Sal for copyright
infringement, what is his best defense to the lawsuit?
20 years - answerAlbert owns a patent on a process to recycle aluminum. What is the
duration of Albert's utility patent?
All of the above - answerDenise seeks to protect her design of a special hairclip that will
hold a person's hair for nearly 24 hours. Which of the following must her patent
application explain in order to receive the design patent?
a. Denise must demonstrate that the hair clip has utility.
b. Denise must demonstrate that her design is not obvious.
c. All of the answers are correct.
