Guideposts for determining fair use

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Reference no: EM133297677

Questions

1. Which of the following are not guideposts for determining fair use?

I. The price of the work for the consumer.

II. The date of creation of the work.

III. The purpose and nature of the use.

IV. Market effect on the work's value.

2. Trademark law protects certain words, symbols, and phrases used to __________ a particular seller's products and distinguish them from other products.

I. disparage

II. identify

III. inventory

IV. compensate

V. categorize

3. The Coca-Cola Company's soft drink syrup recipe is an example of a __________.

I. trade secret

II. copyright

III. patent

IV. trademark

4. What three-part test must a work satisfy in order to earn copyright protection?

I. Ubiquity; a considerable degree of creativity; and fixed in a durable medium

II. Originality; a considerable degree of creativity; and set forth in a transitory medium

III. Ubiquity; some degree of creativity; and set forth in a transitory medium

IV. Originality; some degree of creativity; and fixed in a durable medium

5. Amazon is an example of a(n) __________ mark.

I. whimsical

II. capricious

III. fanciful

IV. arbitrary

6. Cartoon Studios Inc. owns the trademarks rights to several of its characters, including Sleepy Sloth. Shirts and Skirts, a clothing manufacturer, would like to make t-shirts using Sleepy Sloth's image. Cartoon Studios can allow Shirts and Skirts to use the images by entering into which of the following?

I. A cease and desist letter

II. A tacit knowledge compact

III. A licensing agreement

IV. An explicit knowledge contract

V. A royalty

Reference no: EM133297677

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