Question 1

Misappropriation or theft of a trade secret can result in:

Accepted Answer

A)  liability to the owner for actual damages or unjust enrichment or a reasonable royalty under the Uniform Trade Secrets Act. 
B)  liability to the owner for double damages and attorney's fees for willful or malicious misappropriation. 
C)  criminal penalties under the Economic Espionage Act. 
D)  All of the above. 
A)  liability to the owner for actual damages or unjust enrichment or a reasonable royalty under the Uniform Trade Secrets Act. 
B)  liability to the owner for double damages and attorney's fees for willful or malicious misappropriation. 
C)  criminal penalties under the Economic Espionage Act. 
D)  All of the above. D

Question 2

Which of the following words could be registered as a trademark?

Accepted Answer

A)  Crunchy peanut butter. 
B)  Low-fat peanut butter. 
C)  Green peas. 
D)  yStar peanuts. 
A)  Crunchy peanut butter. 
B)  Low-fat peanut butter. 
C)  Green peas. 
D)  yStar peanuts. D

Question 3

Rather than its traditional patent evaluation by experts within the Patent and Trademark Office,the PTO now posts selected applications on the Web where anyone may participate in the review process.

Accepted Answer

A) True 
 B)False  True

Question 4

A color cannot be trademarked since it cannot be kept from use by other businesses.

Accepted Answer

A) True 
 B)False

Question 5

The name "Johnson Garage Doors" cannot be a trademark because a surname is already being used and other people have the right to continue to use the name.

Accepted Answer

A) True 
 B)False

Question 6

Lyndsay wrote a song called "View from the Top." She wrote the piano score and lyrics for a class she was taking at college and turned them in to her professor.Lyndsay's song:

Accepted Answer

A)  was automatically copyrighted when she sang the first version as she was creating it. 
B)  must be registered with the Copyright Office if Lyndsay wishes to enforce her copyright. . 
C)  Both of the above are correct. 
D)  Neither (a) nor (b). 
A)  was automatically copyrighted when she sang the first version as she was creating it. 
B)  must be registered with the Copyright Office if Lyndsay wishes to enforce her copyright. . 
C)  Both of the above are correct. 
D)  Neither (a) nor (b).

Question 7

What is the name of the treaty that allows American patents to be recognized and enforced in member countries?

Accepted Answer

A)  The Paris Convention for the Protection of Industrial Property. 
B)  The International Treaty of Trademarks and Patents. 
C)  The World Agreement of London. 
D)  The Berne Convention. 
A)  The Paris Convention for the Protection of Industrial Property. 
B)  The International Treaty of Trademarks and Patents. 
C)  The World Agreement of London. 
D)  The Berne Convention.

Question 8

Which of the following started out as a trademark name?

Accepted Answer

A)  Zipper. 
B)  Linoleum. 
C)  Nylon. 
D)  All the above. 
A)  Zipper. 
B)  Linoleum. 
C)  Nylon. 
D)  All the above.

Question 9

Martina developed a new type of apple tree which could be reproduced through grafting.She cannot protect her rights in this tree by obtaining a plant patent since the tree cannot be reproduced by planting its seeds.

Accepted Answer

A) True 
 B)False

Question 10

Jack goes to Fast Copy Center and pays to have 40 copies of a textbook made.Jack then sells the photocopied versions of the book to fellow students for $55 a copy (as opposed to the $90 textbook price).The textbook author learns of this and sues Jack and the copy center.Which statement is correct?

Accepted Answer

A)  Jack and the copy center are both liable to the author. 
B)  Jack is liable to the author but the copy center is not. 
C)  The copy center is liable to the author but Jack is not. 
D)  Neither the copy center nor Jack is liable to the author. 
A)  Jack and the copy center are both liable to the author. 
B)  Jack is liable to the author but the copy center is not. 
C)  The copy center is liable to the author but Jack is not. 
D)  Neither the copy center nor Jack is liable to the author.

Question 11

Victoria registered a trademark under the Lanham Act.Six years later Don noticed Victoria's trademark and filed a lawsuit to enjoin her from using it.He proved he had registered the mark in several states more than ten years before Victoria obtained her trademark.Will Don prevail?

Accepted Answer

A)  Yes. Victoria should have conducted a better search of trademarks registered under state laws. 
B)  Yes. Federal law specifically states a federal trademark is not valid for any lawful owner of the same mark under state law. 
C)  No. Don will not prevail and Victoria can continue to use the mark because of the time involved. 
D)  None of the above. 
A)  Yes. Victoria should have conducted a better search of trademarks registered under state laws. 
B)  Yes. Federal law specifically states a federal trademark is not valid for any lawful owner of the same mark under state law. 
C)  No. Don will not prevail and Victoria can continue to use the mark because of the time involved. 
D)  None of the above.

Question 12

Patents last for 20 years except design patents,which are valid for 14 years.

Accepted Answer

A) True 
 B)False

Question 13

Briefly discuss a patent,copyright,and trademark.

Accepted Answer

Patent - Patent is a federal righ

Question 14

If Cub Cadet wins a trademark infringement suit by proving the defendant's trademark,Kub Kadet,is likely to deceive customers about who made the goods,Cub Cadet is entitled to:

Accepted Answer

A)  up to three times actual damages. 
B)  an injunction to prevent further infringement. 
C)  any profits Kub Kadet made on its infringing product. 
D)  All of the above. 
A)  up to three times actual damages. 
B)  an injunction to prevent further infringement. 
C)  any profits Kub Kadet made on its infringing product. 
D)  All of the above.

Question 15

If a person accidentally or unintentionally uses copyrighted material,does the copyright holder have a legitimate claim for infringement?

Accepted Answer

A)  Yes. Intent to infringe is not an element to a copyright action. Of course, damages will not be as great as if intent is proven. 
B)  Yes. The copyright holder is limited to suing only for an injunction and cannot collect money damages if intent is not proven. 
C)  No. An accidental or unintentional use of copyrighted material is an affirmative defense in a copyright infringement case. 
D)  No. Federal law requires the copyright holder to prove intentional misuse. 
A)  Yes. Intent to infringe is not an element to a copyright action. Of course, damages will not be as great as if intent is proven. 
B)  Yes. The copyright holder is limited to suing only for an injunction and cannot collect money damages if intent is not proven. 
C)  No. An accidental or unintentional use of copyrighted material is an affirmative defense in a copyright infringement case. 
D)  No. Federal law requires the copyright holder to prove intentional misuse.

Question 16

Which of the following is correct?

Accepted Answer

A)  A copyright can be renewed once it expires. 
B)  A patent can be renewed once it expires. 
C)  A trademark can be renewed as long as the mark is still in use. 
D)  None of the above. 
A)  A copyright can be renewed once it expires. 
B)  A patent can be renewed once it expires. 
C)  A trademark can be renewed as long as the mark is still in use. 
D)  None of the above.

Question 17

Identify the main provisions of the Digital Millennium Copyright Act and two arguments opponents of the Act raise.

Accepted Answer

The Digital Millennium Copyright Act (DM

Question 18

List the four different types of "marks" that can be protected under trademark law.Explain how each mark is used.

Accepted Answer

A trademark is any combination of words

Question 19

The Supreme Court has held that parody of copyrighted material is a per se violation of copyright law.

Accepted Answer

A) True 
 B)False

Question 20

The advantages of trademark registration include all EXCEPT:

Accepted Answer

A)  potential damages are higher. 
B)  after five years the mark becomes almost impossible to challenge. 
C)  it allows the trademark owner to use the TM symbol to put others on notice of the protection. 
D)  the mark is valid nationally. 
A)  potential damages are higher. 
B)  after five years the mark becomes almost impossible to challenge. 
C)  it allows the trademark owner to use the TM symbol to put others on notice of the protection. 
D)  the mark is valid nationally.

Exam 23: Intellectual Property

Misappropriation or theft of a trade secret can result in:

Which of the following words could be registered as a trademark?

Rather than its traditional patent evaluation by experts within the Patent and Trademark Office,the PTO now posts selected applications on the Web where anyone may participate in the review process.

A color cannot be trademarked since it cannot be kept from use by other businesses.

The name "Johnson Garage Doors" cannot be a trademark because a surname is already being used and other people have the right to continue to use the name.

Lyndsay wrote a song called "View from the Top." She wrote the piano score and lyrics for a class she was taking at college and turned them in to her professor.Lyndsay's song:

What is the name of the treaty that allows American patents to be recognized and enforced in member countries?

Which of the following started out as a trademark name?

Martina developed a new type of apple tree which could be reproduced through grafting.She cannot protect her rights in this tree by obtaining a plant patent since the tree cannot be reproduced by planting its seeds.

Jack goes to Fast Copy Center and pays to have 40 copies of a textbook made.Jack then sells the photocopied versions of the book to fellow students for $55 a copy (as opposed to the $90 textbook price).The textbook author learns of this and sues Jack and the copy center.Which statement is correct?

Victoria registered a trademark under the Lanham Act.Six years later Don noticed Victoria's trademark and filed a lawsuit to enjoin her from using it.He proved he had registered the mark in several states more than ten years before Victoria obtained her trademark.Will Don prevail?

Patents last for 20 years except design patents,which are valid for 14 years.

Briefly discuss a patent,copyright,and trademark.

If Cub Cadet wins a trademark infringement suit by proving the defendant's trademark,Kub Kadet,is likely to deceive customers about who made the goods,Cub Cadet is entitled to:

If a person accidentally or unintentionally uses copyrighted material,does the copyright holder have a legitimate claim for infringement?

Which of the following is correct?

Identify the main provisions of the Digital Millennium Copyright Act and two arguments opponents of the Act raise.

List the four different types of "marks" that can be protected under trademark law.Explain how each mark is used.

The Supreme Court has held that parody of copyrighted material is a per se violation of copyright law.

The advantages of trademark registration include all EXCEPT:

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