BLAW Final

Question 1

The need to protect intellectual property is recognized in the U.S. Constitution.

Answer 1

True

Question 2

All forms of intellectual property can be protected only for a limited period of time.

Answer 2

False

Question 3

A copyright prevents the copying of an idea.

Answer 3

False

Question 4

Descriptive terms, such as names, locations, and colors, can never obtain trademark protection.

Answer 4

False: Need to show a secondary meaning for approval

Question 5

To be patentable, an invention must be new and not obvious to a person of ordinary knowledge and skill in the art or technology to which the invention is related.

Answer 5

True

Question 6

Stig creates unique graphic works that feature characters of his own imagination. Copyright protection for Stig’s work is:

Answer 6

automatic: original, minimally creative and fixed (not copied from someone else)

Question 7

O’Ring Corporation allows Piston Company to incorporate O-Ring’s patented fuel-injection system into Piston’s product. This is:

Answer 7

A license

Question 8

Brewed Beans, Inc. makes and sells “CoCoCafe,” a chocolate-flavored coffee. Darkroast Inc. later markets a similar drink under the name “KoKoKafe.” This is most likely

Answer 8

Trademark infringement

Question 9

Which of the following is NOT used in determining whether a use is fair use:

Answer 9

the level of upset the use causes the owner of the copyright

Question 10

Which of the following is not an exclusive right of the holder of a copyright?

Answer 10

to obtain a court order enjoining the use of the original work by another

Question 11

4 forms of IP (intellectual property)

Answer 11

copyright (70years/95years), patents, trademarks (linited and indefinite as long as you renew your trademark protection), trade secrets (indefinite as long as you keep it a secret)

Question 12

options for entrepreneurs

Answer 12

employees, leased employees, interns, temporary help, independent contractors, outsourcing and gratuitous help

Question 13

Independent Contractor Pros

Answer 13

• dont have to train
• responsible for own equipment, permits
• dont have to comply w/ fair labor standards act re:wages
• dont have to pay/deduct social security and employment taxes
  -don’t have to offer medical or retirement plans
• less liability

Question 14

Independent Contractors Cons

Answer 14

• no company loyalty
  -less control
• no IP rights

Question 15

IC (independent contractor) Agreement

Answer 15

• Describe contract, including timing, place
• responsibility for materials and expenses
• payment - how much? how often? where?
• no entitlement to benefits
• termination provisions

Question 16

Employment agreement

Answer 16

• job responsibilities
• duration; grounds for termination
• payment; how often, how much
• entitlement to benefits
• NDA/ confidentiality agreement

Question 17

Classification and Misclassification

Answer 17

Contractor vs Employee