Question 1

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 2

Wanda has a new idea for a novel, which she won't have time to write until next year.She may protect it by means of:

Accepted Answer

A) patent. 
B) copyright. 
C) registration of the idea. 
D) nothing.An idea that has not yet been developed into a tangible form cannot be protected. 
A) patent. 
B) copyright. 
C) registration of the idea. 
D) nothing.An idea that has not yet been developed into a tangible form cannot be protected.

Question 3

Which one of the following cannot be registered under the Lanham Act?

Accepted Answer

A) An immoral mark 
B) An inherently distinctive mark 
C) A descriptive mark that has acquired distinctiveness through a secondary meaning 
D) A geographic designation that has acquired distinctiveness through a secondary meaning 
A) An immoral mark 
B) An inherently distinctive mark 
C) A descriptive mark that has acquired distinctiveness through a secondary meaning 
D) A geographic designation that has acquired distinctiveness through a secondary meaning

Question 4

The word "truck" cannot be a trademark for trucks, although it could be a trademark for a new brand of designer jeans.

Accepted Answer

A) True 
 B)False

Question 5

The union mark attached to many goods in the United States is a collective mark.

Accepted Answer

A) True 
 B)False

Question 6

The apple which identifies Apple Computers is an example of a:

Accepted Answer

A) trademark. 
B) service mark. 
C) certification mark. 
D) collective mark. 
A) trademark. 
B) service mark. 
C) certification mark. 
D) collective mark.

Question 7

The U.S.Patent and Trademark Office issues a patent upon an application containing:

Accepted Answer

A) a specification, which describes the features that make the invention patentable. 
B) claims, which describe the features that make the invention patentable. 
C) claims, which describe how the invention works. 
D) a summary of the prior similar inventions and an explanation of how this invention is distinct from them. 
A) a specification, which describes the features that make the invention patentable. 
B) claims, which describe the features that make the invention patentable. 
C) claims, which describe how the invention works. 
D) a summary of the prior similar inventions and an explanation of how this invention is distinct from them.

Question 8

What are the ways that basic trade secrets are misappropriated?

Accepted Answer

A trade secret may be misappropriated by

Question 9

The United States joined the Berne Convention, an international treaty protecting copyrighted works.

Accepted Answer

A) True 
 B)False

Question 10

Intentional trafficking in goods known to bear a counterfeit mark can be a criminal offense.

Accepted Answer

A) True 
 B)False

Question 11

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

Accepted Answer

A) True 
 B)False

Question 12

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 13

Regarding trademark protection:

Accepted Answer

A) an applicant must have actually used the mark in commerce before it can be protected. 
B) an owner may abandon the mark through non-use and lose protection. 
C) will be presumed to have abandoned the mark after two years of non-use. 
D) All of these are true. 
A) an applicant must have actually used the mark in commerce before it can be protected. 
B) an owner may abandon the mark through non-use and lose protection. 
C) will be presumed to have abandoned the mark after two years of non-use. 
D) All of these are true.

Question 14

For a mark to be protected under federal law, it must be registered with the Patent and Trademark Office.

Accepted Answer

A) True 
 B)False

Question 15

Electronic surveillance for the purpose of acquiring trade secrets is permissible under the law of unfair competition.

Accepted Answer

A) True 
 B)False

Question 16

The fraudulent marketing of one person's goods as those of another is referred to as:

Accepted Answer

A) palming off of goods. 
B) trade secrets. 
C) fraud. 
D) a tying arrangement. 
A) palming off of goods. 
B) trade secrets. 
C) fraud. 
D) a tying arrangement.

Question 17

Curt has no connection with Harvard University, but he has a new line of computer software that he would like to market to university students and faculty under the name of "Harvard Software." In this case:

Accepted Answer

A) Curt may, most likely, register the name "Harvard Software" under the Lanham Act. 
B) Curt may, most likely, be able to copyright the name "Harvard Software" under the Copyright Act. 
C) it is unlikely that Curt will be able to register the name "Harvard Software," because it falsely suggests a connection to an institution. 
D) it is unlikely that Curt will be able to register the name "Harvard Software," because it has not yet been market tested to see if the name confuses consumers. 
A) Curt may, most likely, register the name "Harvard Software" under the Lanham Act. 
B) Curt may, most likely, be able to copyright the name "Harvard Software" under the Copyright Act. 
C) it is unlikely that Curt will be able to register the name "Harvard Software," because it falsely suggests a connection to an institution. 
D) it is unlikely that Curt will be able to register the name "Harvard Software," because it has not yet been market tested to see if the name confuses consumers.

Exam 39: Protection of Intellectual Property

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

Wanda has a new idea for a novel, which she won't have time to write until next year.She may protect it by means of:

Which one of the following cannot be registered under the Lanham Act?

The word "truck" cannot be a trademark for trucks, although it could be a trademark for a new brand of designer jeans.

The union mark attached to many goods in the United States is a collective mark.

The apple which identifies Apple Computers is an example of a:

The U.S.Patent and Trademark Office issues a patent upon an application containing:

What are the ways that basic trade secrets are misappropriated?

The United States joined the Berne Convention, an international treaty protecting copyrighted works.

Intentional trafficking in goods known to bear a counterfeit mark can be a criminal offense.

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

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

Regarding trademark protection:

For a mark to be protected under federal law, it must be registered with the Patent and Trademark Office.

Electronic surveillance for the purpose of acquiring trade secrets is permissible under the law of unfair competition.

The fraudulent marketing of one person's goods as those of another is referred to as:

Curt has no connection with Harvard University, but he has a new line of computer software that he would like to market to university students and faculty under the name of "Harvard Software." In this case:

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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