Question 1

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 2

Infringement of a mark occurs when:

Accepted Answer

A) a person intends to confuse purchasers by using an identical or substantially indistinguishable mark. 
B) it is proved that purchasers were actually confused by use of an identical or substantially indistinguishable mark. 
C) and only when, an identical mark was used in an unauthorized way. 
D) a person without authorization uses an identical or substantially similar mark that is likely to cause confusion, to cause mistake, or to deceive. 
A) a person intends to confuse purchasers by using an identical or substantially indistinguishable mark. 
B) it is proved that purchasers were actually confused by use of an identical or substantially indistinguishable mark. 
C) and only when, an identical mark was used in an unauthorized way. 
D) a person without authorization uses an identical or substantially similar mark that is likely to cause confusion, to cause mistake, or to deceive.

Question 3

Infringement is the unauthorized use of the intellectual property of another.

Accepted Answer

A) True 
 B)False

Question 4

Professor Wright photocopies 50 copies of a copyrighted chart to distribute to his students in class.This is a clear violation of the Copyright Act.

Accepted Answer

A) True 
 B)False

Question 5

A federally protected trademark cannot be "abandoned" through simple non-use.

Accepted Answer

A) True 
 B)False

Question 6

Komco Computer Company has developed a new and innovative magazine and television ad campaign that it would like to protect from use by its competitors.Komco may copyright its magazine and television ads.

Accepted Answer

A) True 
 B)False

Question 7

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 8

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

Question 9

A company claiming rights in a trademark may use the TM designation even if the mark is not registered.

Accepted Answer

A) True 
 B)False

Question 10

Edwina wrote an original novel entitled "Good Thunder on the Prairie" and registered a copyright on her work.A vice-president/producer at a film studio read the book and thought it would make an excellent made-for-television movie, so without consulting Edwina, he developed a script based upon the novel and produced it as "Thunder Storm on the Prairie." What, if any, recourse does Edwina have under the circumstances?

Accepted Answer

Copyright protection extends to an origi

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

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

Accepted Answer

A) True 
 B)False

Question 13

Goods bearing a counterfeit mark may be destroyed without compensation to the owner of the goods.

Accepted Answer

A) True 
 B)False

Question 14

A copyright would protect a photograph.

Accepted Answer

A) True 
 B)False

Question 15

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

Accepted Answer

A) True 
 B)False

Question 16

An artist would like to protect one of his original oil paintings from being sold as original prints.He may protect his painting by applying for a:

Accepted Answer

A) copyright. 
B) patent. 
C) trademark registration. 
D) service mark registration. 
A) copyright. 
B) patent. 
C) trademark registration. 
D) service mark registration.

Question 17

INM Corporation is in the business of developing genetically engineered pharmaceutical products.It has developed a new genetically engineered microorganism that it would like to protect from unauthorized use by others.INM may patent the microorganism.

Accepted Answer

A) True 
 B)False

Question 18

Federal Flag Company sends in an American flag for registration under the Lanham Act.The registration will be accepted.

Accepted Answer

A) True 
 B)False

Question 19

An author may terminate transfer of copyright ownership, other than that of a work for hire, during the five-year period beginning 35 years after the transfer was granted.

Accepted Answer

A) True 
 B)False

Question 20

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.

Exam 39: Protection of Intellectual Property

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

Infringement of a mark occurs when:

Infringement is the unauthorized use of the intellectual property of another.

Professor Wright photocopies 50 copies of a copyrighted chart to distribute to his students in class.This is a clear violation of the Copyright Act.

A federally protected trademark cannot be "abandoned" through simple non-use.

Komco Computer Company has developed a new and innovative magazine and television ad campaign that it would like to protect from use by its competitors.Komco may copyright its magazine and television ads.

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

Which of the following items would be patentable?

A company claiming rights in a trademark may use the TM designation even if the mark is not registered.

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

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

Goods bearing a counterfeit mark may be destroyed without compensation to the owner of the goods.

A copyright would protect a photograph.

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

An artist would like to protect one of his original oil paintings from being sold as original prints.He may protect his painting by applying for a:

INM Corporation is in the business of developing genetically engineered pharmaceutical products.It has developed a new genetically engineered microorganism that it would like to protect from unauthorized use by others.INM may patent the microorganism.

Federal Flag Company sends in an American flag for registration under the Lanham Act.The registration will be accepted.

An author may terminate transfer of copyright ownership, other than that of a work for hire, during the five-year period beginning 35 years after the transfer was granted.

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

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.

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