Question 1

One way of keeping a trade secret is to obtain a patent on it.

Accepted Answer

A) True 
 B)False

Question 2

A patent last for life, while a copyright ends after 50 years.

Accepted Answer

A) True 
 B)False

Question 3

Marks such as "Good Housekeeping Seal of Approval" and "Underwriter's Laboratory" are examples of:

Accepted Answer

A)  service marks. 
B)  certification marks. 
C)  collective marks. 
D)  trademarks. 
A)  service marks. 
B)  certification marks. 
C)  collective marks. 
D)  trademarks.

Question 4

If the court finds misappropriation of trade secrets, it may award the following remedies:

Accepted Answer

A)  only damages in the amount of the pecuniary loss to the plaintiff caused by the misappropriation. 
B)  only damages in the amount of the pecuniary gain to the defendant. 
C)  treble damages. 
D)  Either damages in the amount of the pecuniary loss to the plaintiff caused by the misappropriation. or damages in the amount of the pecuniary gain to the defendant, whichever is greater. 
A)  only damages in the amount of the pecuniary loss to the plaintiff caused by the misappropriation. 
B)  only damages in the amount of the pecuniary gain to the defendant. 
C)  treble damages. 
D)  Either damages in the amount of the pecuniary loss to the plaintiff caused by the misappropriation. or damages in the amount of the pecuniary gain to the defendant, whichever is greater.

Question 5

Intellectual property consists of which of the following?

Accepted Answer

A)  Trade secrets 
B)  Patents 
C)  Trade symbols 
D)  All of these are considered intellectual property. 
A)  Trade secrets 
B)  Patents 
C)  Trade symbols 
D)  All of these are considered intellectual property.

Question 6

Copyright protection lasts for the period of an author's life plus an additional 75 years.

Accepted Answer

A) True 
 B)False

Question 7

Proof of copyright infringement must demonstrate that the allegedly infringing work is identical to the copyrighted work.

Accepted Answer

A) True 
 B)False

Question 8

A patent would be appropriate in all but which one of the following cases?

Accepted Answer

A)  The discovery of a medical use for moon rocks 
B)  The invention of a miniature portable generator 
C)  The discovery of a method of making soap from sand 
D)  The invention of a fingernail-sized radio 
A)  The discovery of a medical use for moon rocks 
B)  The invention of a miniature portable generator 
C)  The discovery of a method of making soap from sand 
D)  The invention of a fingernail-sized radio

Question 9

No copyright protection is available to protect mask works embodied in a semiconductor chip product.

Accepted Answer

A) True 
 B)False

Question 10

A copyright would protect a photograph.

Accepted Answer

A) True 
 B)False

Question 11

The international treaty to which the United States is a party and which protects copyrighted works is known as the:

Accepted Answer

A)  Berne Convention. 
B)  Convention on International Copyright Protection (CICP). 
C)  Geneva Convention. 
D)  Treaty of Vienna. 
A)  Berne Convention. 
B)  Convention on International Copyright Protection (CICP). 
C)  Geneva Convention. 
D)  Treaty of Vienna.

Question 12

A statutorily secured monopoly right that is issued to inventors or discoverers of useful new devices or processes is known as a:

Accepted Answer

A)  copyright. 
B)  patent. 
C)  service mark registration. 
D)  trade name registration. 
A)  copyright. 
B)  patent. 
C)  service mark registration. 
D)  trade name registration.

Question 13

The Lanham Act prohibits "palming off" but not "reverse palming off."

Accepted Answer

A) True 
 B)False

Question 14

A person who intentionally and knowingly uses a counterfeit mark may receive:

Accepted Answer

A)  a judgment for three times the defendant's profits or three times the plaintiff's damages, whichever is greater. 
B)  a fine of up to $200,000 on the first offense and $750,000 on a repeat offense. 
C)  a fine of up to $1,000. 
D)  imprisonment of up to 20 years for the first offense and for up to 30 years for a repeat offense. 
A)  a judgment for three times the defendant's profits or three times the plaintiff's damages, whichever is greater. 
B)  a fine of up to $200,000 on the first offense and $750,000 on a repeat offense. 
C)  a fine of up to $1,000. 
D)  imprisonment of up to 20 years for the first offense and for up to 30 years for a repeat offense.

Question 15

The characters and the names of a television show may be registered as collective marks.

Accepted Answer

A) True 
 B)False

Question 16

In order to be the subject of a suit for copyright infringement, the copyright:

Accepted Answer

A)  must be registered with the copyright office. 
B)  must be registered with the copyright office unless the work is a Berne Convention work whose country of origin is not the United States. 
C)  must be registered with the copyright office before the infringement. 
D)  need not be registered under any circumstances. 
A)  must be registered with the copyright office. 
B)  must be registered with the copyright office unless the work is a Berne Convention work whose country of origin is not the United States. 
C)  must be registered with the copyright office before the infringement. 
D)  need not be registered under any circumstances.

Question 17

Julius had just finished a reading of his work in a local park. Afterwards he passed out copies of the same for folks to enjoy at home. However, Martina took her copy to a local college magazine and had it published in her name. What are Julius's rights under the copyright law?

Accepted Answer

Because Julius issued printed copies of

Question 18

To be protected by federal law, a mark must be distinctive enough to identify clearly the origin of the goods or services. A trade symbol may satisfy the distinctiveness requirement by, in certain circumstances:

Accepted Answer

A)  being a descriptive or geographic designation. 
B)  being inherently distinctive. 
C)  acquiring distinctiveness through a secondary meaning. 
D)  All of these. 
A)  being a descriptive or geographic designation. 
B)  being inherently distinctive. 
C)  acquiring distinctiveness through a secondary meaning. 
D)  All of these.

Question 19

If a registered copyright is willfully infringed, the owner may ask for and receive which of the following remedies?

Accepted Answer

A)  Rescission and restitution 
B)  Punitive damages 
C)  Injunction 
D)  All of these. 
A)  Rescission and restitution 
B)  Punitive damages 
C)  Injunction 
D)  All of these.

Question 20

Which of the following items would be patentable?

Accepted Answer

A)  A distinctive variety of an asexually reproducing plant 
B)  A textbook 
C)  The theory of relativity 
D)  A computer program 
A)  A distinctive variety of an asexually reproducing plant 
B)  A textbook 
C)  The theory of relativity 
D)  A computer program

Exam 39: Protection of Intellectual Property

One way of keeping a trade secret is to obtain a patent on it.

A patent last for life, while a copyright ends after 50 years.

Marks such as "Good Housekeeping Seal of Approval" and "Underwriter's Laboratory" are examples of:

If the court finds misappropriation of trade secrets, it may award the following remedies:

Intellectual property consists of which of the following?

Copyright protection lasts for the period of an author's life plus an additional 75 years.

Proof of copyright infringement must demonstrate that the allegedly infringing work is identical to the copyrighted work.

A patent would be appropriate in all but which one of the following cases?

No copyright protection is available to protect mask works embodied in a semiconductor chip product.

A copyright would protect a photograph.

The international treaty to which the United States is a party and which protects copyrighted works is known as the:

A statutorily secured monopoly right that is issued to inventors or discoverers of useful new devices or processes is known as a:

The Lanham Act prohibits "palming off" but not "reverse palming off."

A person who intentionally and knowingly uses a counterfeit mark may receive:

The characters and the names of a television show may be registered as collective marks.

In order to be the subject of a suit for copyright infringement, the copyright:

Julius had just finished a reading of his work in a local park. Afterwards he passed out copies of the same for folks to enjoy at home. However, Martina took her copy to a local college magazine and had it published in her name. What are Julius's rights under the copyright law?

To be protected by federal law, a mark must be distinctive enough to identify clearly the origin of the goods or services. A trade symbol may satisfy the distinctiveness requirement by, in certain circumstances:

If a registered copyright is willfully infringed, the owner may ask for and receive which of the following remedies?

Which of the following items would be patentable?

Introduction to Law

Business Ethics and the Social Responsibility of Business

Civil Dispute Resolution

Constitutional Law

Administrative Law

Criminal Law

Intentional Torts

Negligence and Strict Liability

Introduction to Contracts

Mutual Assent

Conduct Invalidating Assent

Consideration

Illegal Bargains

Contractual Capacity

Contracts in Writing

Third Parties to Contracts

Performance, Breach, and Discharge

Contract Remedies

Relationship of Principal and Agent

Relationship With Third Parties

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Products Liability: Warranties and Strict Liability in Tort

Sales Remedies

Form and Content

Transfer and Holder in Due Course

Liability of Parties

Bank Deposits, Collections, and Funds Transfers

Formation and Internal Relations of General Partnerships

Operation and Dissolution of General Partnerships

Limited Partnerships and Limited Liability Companies

Nature, Formation, and Powers

Financial Structure

Management Structure

Fundamental Changes

Secured Transactions and Suretyship

Bankruptcy

Antitrust

Consumer Protection

Employment Law

Securities Regulation

Accountants Legal Liability

Environmental Law

International Business Law

Introduction to Property, Property Insurance, Bailments, and Documents of Title

Interests in Real Property

Transfer and Control of Real Property

Trusts and Decedents Estates

the Legal Environment of Business

Contracts

Agency

Sales

Negotiable Instruments

Unincorporated Business Associations

Corporations

Debtor and Creditor Relations

Regulation of Business

Property