Question 1

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  True

Question 2

What are some of the remedies available for copyright infringement after registration?

Accepted Answer

A) Injunction. 
B) The impoundment and destruction of infringing articles. 
C) Actual damages. 
D) Reasonable attorneys' fees to the prevailing party and criminal penalties for willful infringement. 
E) All of the above. 
A) Injunction. 
B) The impoundment and destruction of infringing articles. 
C) Actual damages. 
D) Reasonable attorneys' fees to the prevailing party and criminal penalties for willful infringement. 
E) All of the above. E

Question 3

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

Accepted Answer

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

Question 4

In order to sue for copyright infringement, the holder:

Accepted Answer

A) must register with the copyright office. 
B) must register with the copyright office unless the work is a Berne Convention Work whose country of origin is not the U.S. 
C) must have been registered with the copyright office before the infringement. 
D) need not register under any circumstances. 
A) must register with the copyright office. 
B) must register with the copyright office unless the work is a Berne Convention Work whose country of origin is not the U.S. 
C) must have been registered with the copyright office before the infringement. 
D) need not register under any circumstances.

Question 5

Russ would violate the Federal Trademark Act by passing off his product as Kristy's, but not by passing off Kristy's product as his (reverse passing off).

Accepted Answer

A) True 
 B)False

Question 6

A business's secret information is always best protected through patents, but trade secret law may also be used as a back-up if the courts invalidate the patents or the patents expire.

Accepted Answer

A) True 
 B)False

Question 7

Trade secrets are most frequently misappropriated in which of these ways?

Accepted Answer

A) An employee wrongfully uses or discloses such secrets. 
B) A competitor wrongfully obtains them. 
C) Through inadvertent disclosure in advertisements. 
D) Both (a) and (b) are correct. 
E) Both (b) and (c) are correct. 
A) An employee wrongfully uses or discloses such secrets. 
B) A competitor wrongfully obtains them. 
C) Through inadvertent disclosure in advertisements. 
D) Both (a) and (b) are correct. 
E) Both (b) and (c) are correct.

Question 8

Plant patents require which of the following elements?

Accepted Answer

A) Distinctiveness. 
B) Non-ornamentality. 
C) Non-obviousness. 
D) Novelty. 
E) (a), (c) and (d) are correct. 
A) Distinctiveness. 
B) Non-ornamentality. 
C) Non-obviousness. 
D) Novelty. 
E) (a), (c) and (d) are correct.

Question 9

A corporation in the business of developing genetically engineered pharmaceutical products has developed a new genetically engineered microorganism that it would like to protect.The corporation may patent the microorganism.

Accepted Answer

A) True 
 B)False

Question 10

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

Accepted Answer

A) True 
 B)False

Question 11

A patent may be renewed.

Accepted Answer

A) True 
 B)False

Question 12

Curtis, without authorization and after many unsuccessful attempts to access the information, downloads a formula used by his employer to make an award-winning product.He plans to sell the formula to a competitor and make enough money to retire.Instead, he may face:

Accepted Answer

A) a fine of up to $500,000. 
B) a fine of up to $1 million. 
C) imprisonment for up to ten years. 
D) Both (a) and (c). 
E) Both (b) and (c). 
A) a fine of up to $500,000. 
B) a fine of up to $1 million. 
C) imprisonment for up to ten years. 
D) Both (a) and (c). 
E) Both (b) and (c).

Question 13

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 14

Design patents grant the holder a 14-year monopoly.

Accepted Answer

A) True 
 B)False

Question 15

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 16

The Economic Espionage Act of 1996 defines theft of trade secrets to include:

Accepted Answer

A) stealing, obtaining by fraud, or concealing such information. 
B) without authorization copying or mailing such information. 
C) purchasing or possessing a trade secret with knowledge that it has been stolen. 
D) All of the above. 
E) None of the above. 
A) stealing, obtaining by fraud, or concealing such information. 
B) without authorization copying or mailing such information. 
C) purchasing or possessing a trade secret with knowledge that it has been stolen. 
D) All of the above. 
E) None of the above.

Question 17

Discuss the concept of fair use in relation to copyright law.

Accepted Answer

Copyright protection extends only to an

Question 18

An artist would like to protect one of her original oil paintings from being sold as original prints.She may protect her 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 19

The remedies for infringement under the Patent Act are:

Accepted Answer

A) treble damages, when appropriate. 
B) fines, in cases of knowing infringement. 
C) imprisonment, in cases of knowing infringement. 
D) All of the above. 
E) None of the above. 
A) treble damages, when appropriate. 
B) fines, in cases of knowing infringement. 
C) imprisonment, in cases of knowing infringement. 
D) All of the above. 
E) None of the above.

Question 20

A design patent:

Accepted Answer

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

Exam 41: Intellectual Property

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

What are some of the remedies available for copyright infringement after registration?

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

In order to sue for copyright infringement, the holder:

Russ would violate the Federal Trademark Act by passing off his product as Kristy's, but not by passing off Kristy's product as his (reverse passing off).

A business's secret information is always best protected through patents, but trade secret law may also be used as a back-up if the courts invalidate the patents or the patents expire.

Trade secrets are most frequently misappropriated in which of these ways?

Plant patents require which of the following elements?

A corporation in the business of developing genetically engineered pharmaceutical products has developed a new genetically engineered microorganism that it would like to protect.The corporation may patent the microorganism.

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

A patent may be renewed.

Curtis, without authorization and after many unsuccessful attempts to access the information, downloads a formula used by his employer to make an award-winning product.He plans to sell the formula to a competitor and make enough money to retire.Instead, he may face:

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

Design patents grant the holder a 14-year monopoly.

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

The Economic Espionage Act of 1996 defines theft of trade secrets to include:

Discuss the concept of fair use in relation to copyright law.

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

The remedies for infringement under the Patent Act are:

A design patent:

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