Understanding Intellectual Property Quiz

Internal Quiz

Question 1 of 7
Under copyright law if you have a database of your client contact information, what is considered protected?
only individual confidential data records
combination of phone number and client contact name
only the entire database not individual data
neither the data nor the database is protected

only the entire database not individual data

Question 2 of 29
If in a work-for-hire agreement, you (the contractor) create something, who will own the rights to be considered the author?
As a contractor, it will be the party that is paying you to do the work.
As an contractor, you always are considered the author.
As an employee, you are always considered the author.
As a contractor, both parties will have joint authorship rights.

As a contractor, it will be the party that is paying you to do the work.

Question 3 of 29
If you are the creator of an asset protected by copyright law, which statement is true?
If you are authoring for a company, then the copyright is valid for 70 years after your death.
If you are not authoring for a company, then the copyright is valid for 70 years after your death.
If you are not authoring for a company, then the copyright expires upon your death.
If you are authoring for a company, then the copyright never expires.

If you are not authoring for a company, then the copyright is valid for 70 years after your death.

Question 4 of 29
Public domain is defined by assets not protected by copyright law?
TRUE
FALSE

TRUE

Question 5 of 29
In order to sue for copyright infringement, you must first do what?
have a registered copyright
you can sue before you register the copyright
have all your confidentiality agreements prepared to be signed
register for a trademark first

have a registered copyright

Question 6 of 29
Which statement is most accurate?
Under copyright law, companies can be liable for all infractions even if they are not aware of them.
Even if you know that an infraction has taken place, you are not liable if a contractor performed the infraction.
Under copyright law, owners of companies cannot be held personally liable for infractions.
Under copyright law, companies are never liable for infractions if no one in the company is aware of them.

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Under copyright law, companies can be liable for all infractions even if they are not aware of them.

Question 7 of 29
DMCA is an abbreviation for what federal act?
the Design Materials Copyright Act
the Document Management Copyright Act
the Digital Materials Copyright Act
the Digital Millennium Copyright Act

the Digital Millennium Copyright Act

Question 8 of 29
What is not a good example of a trademark?
a slogan
a brand name
a color
a jump shot

a jump shot

Question 9 of 29
Copyrights cover a work of art and trademarks cover a brand.
TRUE
FALSE

TRUE

Question 10 of 29
In trademark terms, “genericide” means
the trademark name has lost its distinctiveness.
the product that you have trademarked has not been successful.
the trademark name is no longer valid because you have changed the product name.
the trademark name is not unique enough to be protected.

the trademark name has lost its distinctiveness.

Question 11 of 29
Before adopting a trademark, what is the first thing that you should do?
Look for a similar trademark and copy it closely.
Determine if this trademark will look good on social media.
Determine if you can adopt this trademark without infringing upon any prior existing use of the trademark.
Register the trademark.

Determine if you can adopt this trademark without infringing upon any prior existing use of the trademark.

Question 12 of 29
What .gov site provides a searchable database of registered trademarks and provides forms for registering your own trademark?
USPS.gov
PTOUS.cov
USPTO.gov
USPA.gov

USPTO.gov

Question 13 of 29
What protocol is in place that allows for trademarks filed in the US to be recognized by some international countries?
International Trademark Act Protocol
Madrid Protocol
EU Trademark Protocol
International Trademark Protocol

Madrid Protocol

Question 14 of 29
The broadest trademark symbol is the use of what?
words
logo only
a word in a stylized font
words and logo

words

Question 15 of 29
How many trademark extensions can you file?
1
10
as many as you can afford
5

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5

Question 16 of 29
In terms of trademarks, infringement
adds value to your trademark.
is an analysis of whether there’s a likelihood of confusion between two different marks.
is a good thing.
is using a trademark without the owner’s permission.

is an analysis of whether there’s a likelihood of confusion between two different marks.

Question 17 of 29
What is an injunction?
Something usually issued by the USPTO.
Something that happens when you get a shot.
The best way to take a trademark away from someone else.
A requirement from a court that the party infringing on the trademark must stop.

A requirement from a court that the party infringing on the trademark must stop.

Question 18 of 29
How many years is a patent valid?
15
5
10
20

20

Question 19 of 29
In how many months does a provisional patent expire?
18
36
24
12

12

Question 20 of 29
What change has been made to the America Invents Act in recent years?
Mobile devices were added to list of patentable inventions.
Two creators can now gain patents on identical inventions if both were created within 12 months of each other.
The creator of an article is better protected against infringement.
The first person to file the patent gains the rights versus the first person to come up with the idea.

The first person to file the patent gains the rights versus the first person to come up with the idea.

Question 21 of 29
If you share your idea with someone before you file the patent, what is a good way to prevent the idea from being used by the other party?
Get a verbal agreement from the other party that they will not steal your idea.
Have the other party sign an NDA.
Keep two fingers crossed behind you back as you tell them your secret.
Threaten to sue the other party if they steal your idea.

Have the other party sign an NDA.

Question 22 of 29
Which is not a good way to research if a patent already exists for your idea?
Search the US Patent and Trademark Office’s online database.
Search Google’s online patent database.
Phone a friend.
Hire a lawyer to verify that no patent exists.

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Phone a friend.

Question 23 of 29
Which of these is not a good way to keep track of your creation?
email notes
keep dated documents on a computer
keep lab notebooks
leverage the poor man’s patent

leverage the poor man’s patent

Question 24 of 29
A trade secret is
something that is secret but is of no real value.
is worth its weight in gold.
in the name so all trade secrets must have the word “secret” somewhere in the name.
something that is secret and has value.

something that is secret and has value.

Question 25 of 29
In general, recipes are never protected under the trade secret law.
TRUE
FALSE

FALSE

Question 26 of 29
In order to prove that someone has infringed upon a trade secret, you do not need to
prove it is a secret.
have the name of the party that is infringing.
prove that you took steps to protect the secret.
show that it has value.

have the name of the party that is infringing.

Question 27 of 29
If you are under an NDA and someone who is not under an NDA discloses a trade secret to you, you are still bound by your NDA to not disclose the trade secret in most cases.
TRUE
FALSE

FALSE

Question 28 of 29
Rights of publicity usually do not cover
the exploitation of your persona for monetary gain without your permission.
the exploitation of your face for monetary gain without your permission.
your freedom of speech.
the exploitation of your voice for monetary gain without your permission.

your freedom of speech.

Question 29 of 29
A model release is a waiver to rights-of-publicity laws?
TRUE
FALSE

TRUE