Government Regulation of Business - Personal Property

Question 1

What are examples of non-price predation that might be relevant in an intent-to-monopolize case?
A. Tying up customers with long-term contracts unjustified by cost savings.
B. Hiring key employees away from a competitor.
C. Falsely disparaging a competitor’s products.
D. All of the above.

Answer 1

D

Question 2

Which of the following are defenses to a Robinson-Patman Act price-discrimination charge?
A. Buyer A is located closer to the defendant’s plant than Buyer B and, therefore, causes lower shipping charges.
B. The defendant charged Buyer A $20,000, but then learned that Buyer B had an offer at $15,000 from a competitor and lowered its offer to B to match that offer.
C. The defendant charged Buyer A $20,000, but then received a price break from a supplier for key materials and was able to reduce its offering price to subsequent buyers to $18,000.
D. All of the above.

Answer 2

D

Question 3

Which of the following is (are) true?
A. Vertical mergers are more likely than horizontal mergers to decrease competition and draw anti-trust scrutiny.
B. Attempts to monopolize are illegal, even if the defendant has no realistic hope of success.
C. Resale price maintenance is judged by a “rule-of-reason” standard.
D. All of the above.

Answer 3

C

Question 4

Tim is a songwriter. One morning, he is sitting in a coffee shop, whistling some notes that he thinks might ultimately become part of a song he was working on. He forgot about the notes, until he heard them on the radio one day as part of a song written and recorded by Julie. It turns out Julie had been in the coffee shop that day and really liked what Tim was whistling. Tim sues Julie for copyright infringement. What will happen?
A. He will lose, because he never filed anything with the government.
B. He will lose, because he never reduced the notes to a tangible medium.
C. A and B.
D. None of the above.

Answer 4

B - Until Tim writes the notes down or records them, they are not protectable

Question 5

Carlos writes a novel about an accountant that is published on January 1, 2010. Carlos files his novel with the U.S. copyright office on January 1, 2015. Carlos dies on January 1, 2020. Carlos’ family wishes to know when the copyright will expire. It will expire immediately before:

Answer 5

January 1. 2090. A copyright lasts for the life of the author, plus 70 years

Question 6

The Accounting Syndicate Publishing Co. (ASPC) wants an accounting textbook on IFRS for the university market. It hires Ed, a retired college professor, to write the book, on the understanding that the copyright would belong to ASPC. Ed finishes the book on January 1, 2010. ASPC is unenthusiastic about the book and does not publish it until January 1, 2018. Meanwhile, Ed has died on January 1, 2011. When does ASPC’s copyright expire?

Answer 6

Just before January 1, 2113. This is 95 years from the date of publication, which is shorter than 120 years from the date of creation (January 1, 2130), so it is the best answer.

Question 7

Sam patents a “rat zapper,” a shoe-box-sized device that uses bait to lure in a rat and then kills it with an electrical charge. Lon files a patent application for a “gopher zapper,” a slightly bigger device that uses bait to lure in a gopher and then kills it with an electrical charge. What is true regarding Lon’s application?
A. It will probably be denied, as not being useful.
B. It will probably be denied as not involving patentable subject matter.
C. It will probably be denied for failing the non-obviousness requirement.
D. All of the above are correct.

Answer 7

C. Because Sam got there first, the idea is now considered “obvious”

Question 8

Lanny files for a utility patent on January 1, 2011. The patent is granted on January 1, 2015. The patent will expire just before January 1:

Answer 8

2031. The patent would expire 20 years from the date of filing, and expire just before January 1, 2031.