Question 1

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 2

Gerdsome, Inc.uses a trademark that is substantially the same as a mark of Balsmore Co.As a result, Balsmore's business falls off.Balsmore may recover damages from Gerdsome without proving Gerdsome intended to cause confusion by the use of that mark.

Accepted Answer

A) True 
 B)False

Question 3

The Lanham Act protects a generic or descriptive mark.

Accepted Answer

A) True 
 B)False

Question 4

Congressional legislation implementing the Madrid Protocol:

Accepted Answer

A) allowed copyright holders to gain international recognition of their copyright. 
B) allowed U.S.trademark owners to file for registration in the many member countries of the Protocol by filing a single application. 
C) gave international trade secret protection. 
D) simplified the procedure for acquiring international patents. 
A) allowed copyright holders to gain international recognition of their copyright. 
B) allowed U.S.trademark owners to file for registration in the many member countries of the Protocol by filing a single application. 
C) gave international trade secret protection. 
D) simplified the procedure for acquiring international patents.

Question 5

A design patent:

Accepted Answer

A) has a duration of 14 years. 
B) protects the ornamental designs for manufactured products. 
C) requires a showing of novelty, ornamentality, and nonobviousness. 
D) All of these. 
A) has a duration of 14 years. 
B) protects the ornamental designs for manufactured products. 
C) requires a showing of novelty, ornamentality, and nonobviousness. 
D) All of these.

Question 6

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 7

While employed and even after termination of employment, an employee cannot divulge trade secrets to a competitor.

Accepted Answer

A) True 
 B)False

Question 8

An example of a "certification mark" would be:

Accepted Answer

A) Holiday Inns. 
B) Xerox. 
C) Real Cheese. 
D) Nabisco. 
A) Holiday Inns. 
B) Xerox. 
C) Real Cheese. 
D) Nabisco.

Question 9

Copyright infringement may be unintentional.

Accepted Answer

A) True 
 B)False

Question 10

A person is a contributory infringer if he knowingly sells or offers to sell a part or component of a patented invention.

Accepted Answer

A) True 
 B)False

Question 11

What are some of the remedies available for infringement under the Lanham Act?

Accepted Answer

A) Injunction 
B) The impoundment and destruction of infringing articles 
C) Up to three times actual damages 
D) All of these. 
A) Injunction 
B) The impoundment and destruction of infringing articles 
C) Up to three times actual damages 
D) All of these.

Question 12

Georgia's company may lawfully discover Samantha's company's trade secrets if Samantha's company fails to take reasonable precautions to protect their trade secrets.

Accepted Answer

A) True 
 B)False

Question 13

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

Accepted Answer

A) True 
 B)False

Question 14

The Lanham Act has been amended by the:

Accepted Answer

A) Federal Trademark Dilution Act and the Trademark Cyberpiracy Prevention Act of 1999. 
B) Only the Trademark Cyberpiracy Prevention Act of 1999. 
C) Anti-counterfeiting Amendments Act of 2004 and the Trademark Cyberpiracy Prevention Act of 1999. 
D) Only the Federal Trademark Dilution Act. 
A) Federal Trademark Dilution Act and the Trademark Cyberpiracy Prevention Act of 1999. 
B) Only the Trademark Cyberpiracy Prevention Act of 1999. 
C) Anti-counterfeiting Amendments Act of 2004 and the Trademark Cyberpiracy Prevention Act of 1999. 
D) Only the Federal Trademark Dilution Act.

Question 15

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 16

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 17

Misappropriation of a trade secret is the wrongful use of a trade secret.

Accepted Answer

A) True 
 B)False

Question 18

Design patents grant the holder a 14-year monopoly.

Accepted Answer

A) True 
 B)False

Question 19

In most cases, how long does a copyright last?

Accepted Answer

A) 50 years 
B) 17 years 
C) 70 years 
D) The author's life plus 70 years 
A) 50 years 
B) 17 years 
C) 70 years 
D) The author's life plus 70 years

Question 20

Under copyright law, the doctrine of works for hire states that:

Accepted Answer

A) if an employee prepares a work within the scope of her employment, her employer is considered the author of the work. 
B) if an employee prepares a work within the scope of her work, the employee is considered the author of the work for copyright purposes. 
C) if the work is specially ordered or commissioned, it is always considered, for copyright purposes, the work of the employer. 
D) a person's original creations, if committed to tangible form, are always considered to be authored by the actual creator in the law of copyright. 
A) if an employee prepares a work within the scope of her employment, her employer is considered the author of the work. 
B) if an employee prepares a work within the scope of her work, the employee is considered the author of the work for copyright purposes. 
C) if the work is specially ordered or commissioned, it is always considered, for copyright purposes, the work of the employer. 
D) a person's original creations, if committed to tangible form, are always considered to be authored by the actual creator in the law of copyright.

Exam 39: Protection of Intellectual Property

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

Gerdsome, Inc.uses a trademark that is substantially the same as a mark of Balsmore Co.As a result, Balsmore's business falls off.Balsmore may recover damages from Gerdsome without proving Gerdsome intended to cause confusion by the use of that mark.

The Lanham Act protects a generic or descriptive mark.

Congressional legislation implementing the Madrid Protocol:

A design patent:

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:

While employed and even after termination of employment, an employee cannot divulge trade secrets to a competitor.

An example of a "certification mark" would be:

Copyright infringement may be unintentional.

A person is a contributory infringer if he knowingly sells or offers to sell a part or component of a patented invention.

What are some of the remedies available for infringement under the Lanham Act?

Georgia's company may lawfully discover Samantha's company's trade secrets if Samantha's company fails to take reasonable precautions to protect their trade secrets.

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

The Lanham Act has been amended by the:

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?

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

Misappropriation of a trade secret is the wrongful use of a trade secret.

Design patents grant the holder a 14-year monopoly.

In most cases, how long does a copyright last?

Under copyright law, the doctrine of works for hire states that:

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

51: The Legal Environment Of Business

52: Contracts.

53: Agency.

54: Sales

55: Negotiable Instruments

56: Unincorporated Business Association

57: Corporations

58: Debtor and Creditor Relation

59: Regulation of Business

60: Property.