Question 1

Under the ________ doctrine,once the copyright owner sells the work,the owner has exhausted his exclusive right to control distribution of the work.

Accepted Answer

A) first sale 
B) file-wrapper estoppel 
C) abandonment 
D) genericism 
A) first sale 
B) file-wrapper estoppel 
C) abandonment 
D) genericism

Question 2

Which of the following may be protected by trademark law?

Accepted Answer

A) Distinctive shapes. 
B) Distinctive odors. 
C) Distinctive sounds. 
D) All of the responses are correct. 
A) Distinctive shapes. 
B) Distinctive odors. 
C) Distinctive sounds. 
D) All of the responses are correct.

Question 3

Facts are copyrightable.

Accepted Answer

A) True 
 B)False

Question 4

Which of the following is not a type of U.S.patent?

Accepted Answer

A) Plant patent 
B) Design patent 
C) Service patent 
D) Utility patent 
A) Plant patent 
B) Design patent 
C) Service patent 
D) Utility patent

Question 5

The duration of a copyright granted to a known individual.not a work done for hire,will be

Accepted Answer

A) the life of the author plus 100 years. 
B) the life of the author plus 70 years. 
C) 75 years after the first publication. 
D) 100 years after the creation of the work. 
A) the life of the author plus 100 years. 
B) the life of the author plus 70 years. 
C) 75 years after the first publication. 
D) 100 years after the creation of the work.

Question 6

Fact pattern 11-1
Samantha develops a new type of comb that effectively removes loose dog hair and eliminates problems with shedding.Samantha had never seen such a comb on the market and was very surprised when she received notification that she was being sued for patent infringement by the holder of a patent on a similar type of comb.Samantha investigates and determines that the earlier patent was valid.Her friend Harry,a first year law student told her that she could not be guilty of patent infringement because she was not aware of the earlier patent and that she should proceed to at least sell the rest of her inventory.
-Refer to fact pattern 11-1.Assuming the validity of the earlier patent,which of the following is true regarding Harry's statement that she could not be guilty of patent infringement because she was unaware of the earlier patent when she began marketing her combs?

Accepted Answer

A) Harry was correct. 
B) Harry was incorrect,and Samantha can be held liable for direct patent infringement. 
C) Harry was incorrect,and Samantha can be held liable for indirect patent infringement. 
D) Harry was incorrect,and Samantha can be held liable for contributory patent infringement. 
A) Harry was correct. 
B) Harry was incorrect,and Samantha can be held liable for direct patent infringement. 
C) Harry was incorrect,and Samantha can be held liable for indirect patent infringement. 
D) Harry was incorrect,and Samantha can be held liable for contributory patent infringement.

Question 7

Mandy purchased a business law book and used it during her business law class.She later loaned the book to Steven,and then to Christen.Another student accused her of copyright violation and threatened to report her to the book publisher and also to her school's ethics board.Did Mandy violate the copyright laws?

Accepted Answer

A) Yes. 
B) No,because her loans would be covered by the fair use doctrine. 
C) No,because her loans would be covered under the first sale doctrine. 
D) No,because her loans would be covered under the equivalency doctrine 
A) Yes. 
B) No,because her loans would be covered by the fair use doctrine. 
C) No,because her loans would be covered under the first sale doctrine. 
D) No,because her loans would be covered under the equivalency doctrine

Question 8

Explain in detail the process for obtaining a patent.

Accepted Answer

Each patent application contains four pa

Question 9

Which of the following is not true regarding current U.S.copyright law?

Accepted Answer

A) The material must be sufficiently original. 
B) Protection is automatic. 
C) Use of a copyright notice is required. 
D) Registration is not required. 
A) The material must be sufficiently original. 
B) Protection is automatic. 
C) Use of a copyright notice is required. 
D) Registration is not required.

Question 10

Under the ________ use doctrine,under certain circumstances,a person may infringe the copyright owner's exclusive rights without liability in the course of such activities as news reporting,education,scholarship,or research.

Accepted Answer

A) fair 
B) education 
C) new 
D) critical 
A) fair 
B) education 
C) new 
D) critical

Question 11

What did the court rule in the case in which Holiday Inn claimed that by using a similar number a travel agency infringed Holiday Inns' trademark in its vanity toll-free telephone number?

Accepted Answer

A) That there was no potential for confusion and that,therefore,there was no trademark violation. 
B) That there was a trademark violation and that damages were available. 
C) That although there was a potential for confusion,there was no trademark violation. 
D) That there was a trademark violation but that only injunctive relief was available. 
A) That there was no potential for confusion and that,therefore,there was no trademark violation. 
B) That there was a trademark violation and that damages were available. 
C) That although there was a potential for confusion,there was no trademark violation. 
D) That there was a trademark violation but that only injunctive relief was available.

Question 12

Intellectual property is any product or result of a mental process that is given legal protection against unauthorized use.

Accepted Answer

A) True 
 B)False

Question 13

Which of the following is true regarding rejection of applications by the Patent and Trademark Office?

Accepted Answer

A) The Patent and Trademark initially rejects 50 percent of all patent applications. 
B) The Patent and Trademark initially rejects 99 percent of all patent applications. 
C) The Patent and Trademark initially rejects 30 percent of all patent applications. 
D) The Patent and Trademark initially rejects less than 25 percent of all patent applications. 
A) The Patent and Trademark initially rejects 50 percent of all patent applications. 
B) The Patent and Trademark initially rejects 99 percent of all patent applications. 
C) The Patent and Trademark initially rejects 30 percent of all patent applications. 
D) The Patent and Trademark initially rejects less than 25 percent of all patent applications.

Question 14

The packaging or dressing of a product may be protected under the trademark laws as trade dress.

Accepted Answer

A) True 
 B)False

Question 15

Internet addresses are called domain names.

Accepted Answer

A) True 
 B)False

Question 16

After a patent expires,the invention is dedicated to the public.

Accepted Answer

A) True 
 B)False

Question 17

What type of efficiency exists when competition among individual producers drives all but the lowest-cost producers of goods or services out of the market?

Accepted Answer

A) Allocative 
B) Economic 
C) Strategic 
D) Productive 
A) Allocative 
B) Economic 
C) Strategic 
D) Productive

Question 18

When an idea and its expression are inseparable,the ________ doctrine dictates that the expression is not copyrightable.

Accepted Answer

A) merger 
B) genericism 
C) prior art 
D) protected expression 
A) merger 
B) genericism 
C) prior art 
D) protected expression

Question 19

The Uniform Trade Secrets Act is a federal law.

Accepted Answer

A) True 
 B)False

Question 20

Once the Patent and Trademark Office issues a patent,a court may not find it invalid.

Accepted Answer

A) True 
 B)False

Exam 11: Intellectual property

Under the ________ doctrine,once the copyright owner sells the work,the owner has exhausted his exclusive right to control distribution of the work.

Which of the following may be protected by trademark law?

Facts are copyrightable.

Which of the following is not a type of U.S.patent?

The duration of a copyright granted to a known individual.not a work done for hire,will be

Explain in detail the process for obtaining a patent.

Which of the following is not true regarding current U.S.copyright law?

Under the ________ use doctrine,under certain circumstances,a person may infringe the copyright owner's exclusive rights without liability in the course of such activities as news reporting,education,scholarship,or research.

What did the court rule in the case in which Holiday Inn claimed that by using a similar number a travel agency infringed Holiday Inns' trademark in its vanity toll-free telephone number?

Intellectual property is any product or result of a mental process that is given legal protection against unauthorized use.

Which of the following is true regarding rejection of applications by the Patent and Trademark Office?

The packaging or dressing of a product may be protected under the trademark laws as trade dress.

Internet addresses are called domain names.

After a patent expires,the invention is dedicated to the public.

What type of efficiency exists when competition among individual producers drives all but the lowest-cost producers of goods or services out of the market?

When an idea and its expression are inseparable,the ________ doctrine dictates that the expression is not copyrightable.

The Uniform Trade Secrets Act is a federal law.

Once the Patent and Trademark Office issues a patent,a court may not find it invalid.

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