Law 10 - Chapter 9 - Intellectual Property Law Quiz

From what sources are intellectual property derived?

a. the Constitution
b. federal statutes
c. both A and B
d. none of the above

2. U.S. Lollipops uses the slogan "We suck" in its successful marketing campaign. They want to ensure that no one else can use this phrase. What intellectual property protection is available to them in this case?

a. a patent
b. a trademark
c. trade secret
d. copyright

3. Assume Coca-Cola received a trademark on their name in 1895. How often must they now, in 1997, renew their trademark?

a. every year
b. every 5 years
c. every 20 years
d. never-their trademark is now good forever.

4. A software company is considering several names for itself. Which of the following names would have the highest chance of being approved as a trademark?

a. Jupiter
b. Nebula
c. Rexvarr
d. U.S. Software

5. McDonwald's is a burger restaurant, and looks somewhat similar to McDonald's restaurants. There has been a trademark infringement if McDonwald's is

a. "substantially similar" to McDonald's
b. intentionally made to look like McDonald's
c. mistaken for McDonald's by average consumers
d. none of the above

6. Lauren invents a perfume made from pheromones that will attract members of the opposite sex, no matter how unappealing the wearer may be. She expects billions in sales, and wants to protect her recipe. If she wants to be certain of exclusive rights to her secret formula for 20 years, which intellectual property protection should she choose?

a. trademark
b. patent
c. trade secret
d. copyright

7. If Al holds a patent for a certain software program, and Bill infringes on that patent, what remedy/remedies may Al seek in court?

a. an injunction
b. monetary damages
c. the destruction of all infringing copies of the program
d. all of the above

8. Lauren invents a perfume made from pheromones that will attract members of the opposite sex, no matter how unappealing the wearer may be. She expects billions in sales, and wants to protect her recipe. If she wants to have exclusive rights to her secret formula for as long as possible, and is not worried that someone else may independently produce a similar product, which intellectual property protection should she choose?

a. trademark
b. patent
c. trade secret
d. copyright

9. Dean is a young attorney who is in desperate need of extra cash. He agrees to write a legal test bank, and because of his weak bargaining position, has no choice but to agree to give the publisher the copyright on this work. Late at night, as he writes question 9 to chapter nine, he reflects on this and decides that, when he takes over the world, no author will have to relinquish his copyright ever again. (Also, his next door neighbor who plays "Pet Shop Boys" all day at high volume will be thrown in the dungeon.) Anyway, assume the work is first published in 1997. When will the copyright expire?

a. 2001
b. 2037
c. 2072
d. Never

10. Bill and Newt write a novel in 1997, and they keep the copyright on their work. It is published in 1998. In 2001, Bill is killed when he chokes on a Big Mac. Newt is killed in 2011 in a horrible blimp accident over the Orange Bowl on New Year's Day. When will the copyright on their novel expire?

a. 2073
b. 2051
c. 2010
d. 2061

11. Which of the following restaurants are eligible to receive copyright protection?

a. the menu
b. appetizers
c. records of frequent customers
d. all of the above

12. Phrank is a physicist. He theorized that alternate universes may be accessed through "white holes," areas at the asymptote of a black hole's vortex. He writes a well received article on this theory. Which of the following may Phrank copyright?

a. the article
b. his theory
c. both A and B
d. none of the above

13. Banana Blender Surprise, the greatest college party band of all-time, has a single, "RC and a Moonpie." Which of the following may they copyright?

a. the song
b. the printed lyrics to the song
c. both A and B
d. none of the above

14. Who is most likely to lose a copyright infringement case against someone who uses a portion of his work without permission?

a. Al, who sues a major publishing company
b. Bill, who sues a magazine
c. Carl, who sues a college professor
d. Dave, who sues a private publishing house

15. Which of the following software characteristics may receive copyright protection?

a. the source code
b. binary code
c. the "look and feel" of a program
d. all of the above

16. World Access, an Internet access company, generates substantial revenue on the side by selling customer database information to other companies for various purposes. What intellectual property protections are available to World Access?

a. copyright
b. patent
c. trade secret
d. none of the above

17. What organization is responsible for registering domain names of Internet users?

a. the U.S. Patent and Trademark Office
b. network Solutions, Inc.
c. various state agencies
d. none of the above

18. Assume Alexis Ford established a website at "Ford.com" in 1990. "Ford" is a registered trademark of Ford Motor Cars. Alexis actually uses the web site, and does not try to sell the domain name to Ford. For which of the following purposes could Alexis use Ford.com?

a. personal, non-profit uses
b. business uses
c. both A and B
d. none of the above

19. Assume Alexis Ford established a website at "Ford.com" in 1990 for a noncommercial purpose. "Ford" is a registered trademark of Ford Motor Cars. Ford wants the name for its own use. Will it be able to get the domain name from Alexis?

a. no, because Alexis had it first
b. no, because domain names cannot be transferred
c. yes, because it is their trademarked company name
d. yes, but only if Alexis tries to sell the name to them

20. Is the digital photograph something that may be copyrighted?

a. yes, in any court
b. yes, but only if the case is heard in a federal court
c. no
d. no telling

21. Courts are split on whether Internet access providers are liable for unauthorized distribution of copyrighted work. Which of these factors is the most important in determining liability in these cases?

a. the dollar value of the distribution
b. the quantity of copies distributed
c. the intent of the people doing the distributing
d. the involvement of the access provider

22. Which of the following has, in a worldwide aggregate sense, the highest dollar value?

a. intellectual property
b. precious stones
c. manufacturing plants
d. real estate

23. Which of the following agreements allows for member nations to file for patent and trademark protection in any other member nation?

a. the Paris Convention
b. the Berne Convention
c. the TRIPS Agreement
d. none of the above

24. Ender's Game by Orson Scott Card is perhaps the greatest science fiction novel ever. What agreement extends his American copyright protection to dozens of other nations?

a. the Paris Convention
b. the Berne Convention
c. the TRIPS Agreement
d. none of the above

25. Which agreement requires member nations to include intellectual protections in its own domestic laws?

a. the Paris Convention
b. the Berne Convention
c. the TRIPS Agreement
d. none of the above