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A color cannot be trademarked since it cannot be kept from use by other businesses.

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A college professor copies seven chapters from a book called "How to Get Better Grades-A Creative Approach to College Success!" There are ten chapters in the book. She incorporates this material into a packet that is printed in her college's copy center. The packet is then placed on the required materials list for students to purchase and is sold in the local book store. The author of the book believes the professor has violated his copyright.


A) The author is right. The professor should not have copied the chapters and placed them for sale in the bookstore.
B) The author is technically correct. However, even though an infringement occurred, he cannot sue the professor since educational personnel are exempt from liability under copyright law.
C) The author is not correct. Under the "fair use doctrine," a college professor can copy material and distribute it to students for educational purposes.
D) The author is not correct. It does not appear that the professor actually made any money from the alleged copyright infringement.

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Ernest invents a novel, useful, nonobvious product. He


A) must apply for a patent within one year of selling the product commercially.
B) is entitled to a patent over someone else who invents the same product if he is the first to invent it.
C) may receive patent protection for two years by filing a simpler, shorter, cheaper provisional patent application while he is working on his complex, regular patent application.
D) may sell his product for up to five years to see how well it sells before going through the complex process of filing a patent application with the PTO Office.

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If a trademarked name acquires a generic meaning, the owner of the trademark loses protection.

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Richard wrote a song called "College Days." He copyrighted the composition and had it professionally printed. A couple years later, he was attending a business meeting about 1,500 miles from his home. While sitting in a nightclub, he heard a small local band perform a song called "College Memories." The music and words were extremely similar to his song. The composer of "College Memories" claims he never heard of Richard's song and that she is offended he would accuse her of stealing his work. If Richard wishes to sue for copyright infringement, he must prove


A) only that his song and the infringer's song are substantially the same.
B) that his work was original and the infringer actually copied his work, or that the infringer had access to his song and that the two works are substantially the same.
C) that he sustained money damages as a result of the infringement.
D) that he registered the song for a copyright.

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Identify the main provisions of the Digital Millennium Copyright Act.

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The Digital Millennium Copyright Act (DM...

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Under the fair use doctrine, instructors cannot be liable for copyright violations.

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Explain what a trademark is.

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A trademark is any combination of words ...

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A copyright is valid for 28 years after it is obtained and can be renewed for another 28 years.

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