Multiple Choice Questions
1. To receive a patent, an invention must meet all of the following tests, except:
(a) It has not ever been used anyplace in the world.
(b) It is a new idea.
(c) It has never been described in a publication.
(d) It is nonobvious.
(e) It is useful.
2. After the death of Babe Ruth, one of the most famous baseball players of all time, his daughters registered the name, "Babe Ruth" as a trademark. Which of the following uses would be legal without the daughters' permission?
I. Publication of a baseball calendar with photos of Ruth.
II. Sales of a "Babe Ruth" bat.
III. Sales of Babe Ruth autographs.
(a) Neither I, II, nor III.
(b) Just I.
(c) Just II.
(d) Just III.
(e) I and III.
3. To prove a violation of copyright law, the plaintiff does not need to prove that the infringer actually copied the work, but she does need to prove:
I. The item has a © symbol on it.
II. The infringer had access to the original.
III. The two works are similar.
(a) I, II and III.
(b) II and III.
(c) I and II.
(d) I and III.
(e) Neither I, II nor III.
4. Eric is a clever fellow who knows all about computers. He:
I. Removed the author's name from an article he found on the Internet and sent it via e-mail to his lacrosse team, telling them he wrote it.
II. Figured out how to unscramble his roommate's cable signal so they could watch cable on a second TV.
III. Taught the rest of his lacrosse team how to unscramble cable signals.
Which of these activities is legal under the Digital Millennium Copyright Act?
(a) I, II and III.
(b) Neither I, II nor III.
(c) II and III.
(d) Just III.
(e) Just I.
5. Which of the following items cannot be trademarked?
(a) Color.
(b) Symbol.
(c) Phrase.
(d) Surname.
(e) Shape.
6. Donald Trump wanted to copyright the phrase "You're Fired!," which he used on his reality show, The Apprentice. He_______.
(a) Can copyright it only if he registers it
(b) Can copyright it only if it is in a tangible form
(c) Cannot copyright it because it is not novel
(d) NONE of the above