Question 1

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.

Question 2

Copyright infringement may be unintentional.

Accepted Answer

A) True 
 B)False

Question 3

Which of the following is true under the Anti-counterfeiting Amendments Act of 2004?

Accepted Answer

A) A court may increase a damage award by three times the amount that would otherwise be awarded if a copyright violation occurs within three years of a judgment for a previous violation. 
B) Counterfeit trademarks are redefined. 
C) Copyright protection was extended for ten years to safeguard mask works embodied in a semiconductor chip product. 
D) It amended the Lanham Act to extend protection to the owner of a trademark or service mark from any person who, with a bad faith intent to profit from the mark, registers, traffics in, or uses a domain name which is identical to or confusingly similar to a distinctive mark. 
A) A court may increase a damage award by three times the amount that would otherwise be awarded if a copyright violation occurs within three years of a judgment for a previous violation. 
B) Counterfeit trademarks are redefined. 
C) Copyright protection was extended for ten years to safeguard mask works embodied in a semiconductor chip product. 
D) It amended the Lanham Act to extend protection to the owner of a trademark or service mark from any person who, with a bad faith intent to profit from the mark, registers, traffics in, or uses a domain name which is identical to or confusingly similar to a distinctive mark.

Question 4

The "Good Housekeeping Seal of Approval" is an example of a service mark.

Accepted Answer

A) True 
 B)False

Question 5

Jonah, a businessman, 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."

Accepted Answer

A) Jonah may in all likelihood register the name "Harvard Software" under the Lanham Act. 
B) Jonah may in all likelihood be able to copyright the name "Harvard Software" under the Copyright Act. 
C) It is unlikely that Jonah will be able to register the name "Harvard Software," because it falsely suggests a connection to an institution. 
D) It is unlikely that Jonah will be able to register the name "Harvard Software," because it has a secondary meaning. 
A) Jonah may in all likelihood register the name "Harvard Software" under the Lanham Act. 
B) Jonah may in all likelihood be able to copyright the name "Harvard Software" under the Copyright Act. 
C) It is unlikely that Jonah will be able to register the name "Harvard Software," because it falsely suggests a connection to an institution. 
D) It is unlikely that Jonah will be able to register the name "Harvard Software," because it has a secondary meaning.

Question 6

A person may misappropriate a trade secret by unintentionally discovering it.

Accepted Answer

A) True 
 B)False

Question 7

For how long does a copyright last?

Accepted Answer

A) Exactly 25 years. 
B) Only 17 years. 
C) Exactly 50 years. 
D) The author's life plus 70 years. 
A) Exactly 25 years. 
B) Only 17 years. 
C) Exactly 50 years. 
D) The author's life plus 70 years.

Question 8

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

Accepted Answer

A) True 
 B)False

Question 9

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

Accepted Answer

A) True 
 B)False

Question 10

The owner of a collective mark must produce the goods it seeks to mark.

Accepted Answer

A) True 
 B)False

Question 11

The duration of a copyright is the same whether the copyright is owned by the author or if it is a work for hire.

Accepted Answer

A) True 
 B)False

Question 12

If a 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) Both (a) and (c) above. 
E) All of the above. 
A) Rescission and restitution. 
B) Punitive damages. 
C) Injunction. 
D) Both (a) and (c) above. 
E) All of the above.

Question 13

Identify the following trade symbols according to their type.
a.The Underwriter's Laboratory Mark.
b.The apple used by Apple Computers.
c.The "GM" symbol that appears on General Motors' automobiles.
d.The "A" symbol used by American Airlines.
e.The Muppets characters Miss Piggy and Kermit the Frog.f.The union-made symbol.

Accepted Answer

a.Certification mark.b.Tradema

Question 14

Intellectual property consists of which of the following?

Accepted Answer

A) Trade secrets. 
B) Patents. 
C) Trade symbols. 
D) All of the above are considered intellectual property. 
A) Trade secrets. 
B) Patents. 
C) Trade symbols. 
D) All of the above are considered intellectual property.

Question 15

Examples of trade dress include:

Accepted Answer

A) a union-made label in a dress. 
B) the shape of a Coca-Cola bottle. 
C) Internet domain names that distinguish the goods of one producer. 
D) All of the above. 
A) a union-made label in a dress. 
B) the shape of a Coca-Cola bottle. 
C) Internet domain names that distinguish the goods of one producer. 
D) All of the above.

Question 16

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

Accepted Answer

A) True 
 B)False

Question 17

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 18

Knowingly and intentionally trafficking in goods or services bearing a counterfeit mark can be a criminal offense.

Accepted Answer

A) True 
 B)False

Question 19

To which of the following limitations are the rights of the holder of a copyright subject?

Accepted Answer

A) Charitable use. 
B) Compulsory licenses. 
C) Palming off. 
D) Both (a) and (b). 
A) Charitable use. 
B) Compulsory licenses. 
C) Palming off. 
D) Both (a) and (b).

Question 20

In the Ed Nowogroski Insurance, Inc.v.Rucker case, the court found that:

Accepted Answer

A) all former employees have an obligation to refrain from using the general knowledge, skills, and experience acquired under the former employer. 
B) customer lists are always protected as trade secrets. 
C) where a former employee seeks to use trade secrets of the former employer to obtain a competitive advantage, the competitive activity can be enjoined. 
D) the Uniform Trade Secrets Act distinguishes between written and memorized information in determining whether the information is entitled to trade secret protection. 
A) all former employees have an obligation to refrain from using the general knowledge, skills, and experience acquired under the former employer. 
B) customer lists are always protected as trade secrets. 
C) where a former employee seeks to use trade secrets of the former employer to obtain a competitive advantage, the competitive activity can be enjoined. 
D) the Uniform Trade Secrets Act distinguishes between written and memorized information in determining whether the information is entitled to trade secret protection.

Exam 41: Intellectual Property

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

Copyright infringement may be unintentional.

Which of the following is true under the Anti-counterfeiting Amendments Act of 2004?

The "Good Housekeeping Seal of Approval" is an example of a service mark.

Jonah, a businessman, 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."

A person may misappropriate a trade secret by unintentionally discovering it.

For how long does a copyright last?

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

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

The owner of a collective mark must produce the goods it seeks to mark.

The duration of a copyright is the same whether the copyright is owned by the author or if it is a work for hire.

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

Intellectual property consists of which of the following?

Examples of trade dress include:

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

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.

Knowingly and intentionally trafficking in goods or services bearing a counterfeit mark can be a criminal offense.

To which of the following limitations are the rights of the holder of a copyright subject?

In the Ed Nowogroski Insurance, Inc.v.Rucker case, the court found that:

Introduction to Law

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Introduction to Contracts

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