Question 1

A patent lasts for the same period of time as a copyright.

Accepted Answer

A) True 
 B)False

Question 2

A patent last for life, while a copyright ends after 50 years.

Accepted Answer

A) True 
 B)False

Question 3

The Wal-Mart Stores, Inc.v.Samara Brothers, Inc.case involved which of the following?

Accepted Answer

A) Infringement of unregistered trade dress. 
B) Infringement of a registered symbol. 
C) Use of a certification mark. 
D) Use of a collective mark. 
A) Infringement of unregistered trade dress. 
B) Infringement of a registered symbol. 
C) Use of a certification mark. 
D) Use of a collective mark.

Question 4

Some businesses choose not to obtain a patent because it provides protection for only a limited time.

Accepted Answer

A) True 
 B)False

Question 5

The Economic Espionage Act of 1996 prohibits the theft of trade secrets and provides criminal penalties for violations.

Accepted Answer

A) True 
 B)False

Question 6

Infringement of a mark occurs when:

Accepted Answer

A) a person intends to confuse purchasers. 
B) it is proved that purchasers were actually confused by use of an identical or substantially indistinguishable mark. 
C) and only when, the mark is identical to another mark. 
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. 
B) it is proved that purchasers were actually confused by use of an identical or substantially indistinguishable mark. 
C) and only when, the mark is identical to another mark. 
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 7

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

Accepted Answer

A) a patent. 
B) a copyright. 
C) registration of the idea. 
D) An idea that has not yet been developed into a tangible form cannot be protected. 
A) a patent. 
B) a copyright. 
C) registration of the idea. 
D) An idea that has not yet been developed into a tangible form cannot be protected.

Question 8

The Trademark Cyberpiracy Prevention Act of 1999:

Accepted Answer

A) protects the owner of a trademark or service mark from any person who registers or uses a domain name which, at the time of its registration, is a protected trademark, word, or name. 
B) includes an element of bad faith intent for violators. 
C) provides for injunctive relief as the sole remedy. 
D) All of the above. 
A) protects the owner of a trademark or service mark from any person who registers or uses a domain name which, at the time of its registration, is a protected trademark, word, or name. 
B) includes an element of bad faith intent for violators. 
C) provides for injunctive relief as the sole remedy. 
D) All of the above.

Question 9

In determining whether a mark is distinctive and famous under the Federal Trademark Dilution Act, a court may consider factors such as:

Accepted Answer

A) the duration and extent of the use. 
B) the degree of recognition of the mark. 
C) the degree of inherent or acquired distinctiveness of the mark. 
D) All of the above 
E) None of the above. 
A) the duration and extent of the use. 
B) the degree of recognition of the mark. 
C) the degree of inherent or acquired distinctiveness of the mark. 
D) All of the above 
E) None of the above.

Question 10

A copyright would protect a photograph.

Accepted Answer

A) True 
 B)False

Question 11

A professor photocopies fifty 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 12

Trade symbols would include which of the following?

Accepted Answer

A) Service mark. 
B) Certification mark. 
C) Collective mark. 
D) All of the above. 
A) Service mark. 
B) Certification mark. 
C) Collective mark. 
D) All of the above.

Question 13

The effect of a "secondary meaning" is that it may make a mark distinctive enough to allow it to be protected by the Lanham Act.

Accepted Answer

A) True 
 B)False

Question 14

The designation "TM" or "SM" cannot be used until and unless the mark is registered.

Accepted Answer

A) True 
 B)False

Question 15

A collective mark is used in connection with goods or services to certify their regional origin.

Accepted Answer

A) True 
 B)False

Question 16

Identify the three types of patents, their requirements, and duration.

Accepted Answer

The three types of patents are utility,

Question 17

An employee may quit and then use information he learned at the company to compete with the company, unless there was some unfair competition or trade secret involved.

Accepted Answer

A) True 
 B)False

Question 18

Two years of nonuse raises a presumption of abandonment and loss of a federally protected trademark.

Accepted Answer

A) True 
 B)False

Question 19

The author of a creative work does not own the entire copyright.

Accepted Answer

A) True 
 B)False

Question 20

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

Accepted Answer

A) True 
 B)False

Exam 41: Intellectual Property

A patent lasts for the same period of time as a copyright.

A patent last for life, while a copyright ends after 50 years.

The Wal-Mart Stores, Inc.v.Samara Brothers, Inc.case involved which of the following?

Some businesses choose not to obtain a patent because it provides protection for only a limited time.

The Economic Espionage Act of 1996 prohibits the theft of trade secrets and provides criminal penalties for violations.

Infringement of a mark occurs when:

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

The Trademark Cyberpiracy Prevention Act of 1999:

In determining whether a mark is distinctive and famous under the Federal Trademark Dilution Act, a court may consider factors such as:

A copyright would protect a photograph.

A professor photocopies fifty copies of a copyrighted chart to distribute to his students in class.This is a clear violation of the Copyright Act.

Trade symbols would include which of the following?

The effect of a "secondary meaning" is that it may make a mark distinctive enough to allow it to be protected by the Lanham Act.

The designation "TM" or "SM" cannot be used until and unless the mark is registered.

A collective mark is used in connection with goods or services to certify their regional origin.

Identify the three types of patents, their requirements, and duration.

An employee may quit and then use information he learned at the company to compete with the company, unless there was some unfair competition or trade secret involved.

Two years of nonuse raises a presumption of abandonment and loss of a federally protected trademark.

The author of a creative work does not own the entire copyright.

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

Introduction to Law

Business Ethics

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

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Product Liability: Warranties and Strict Liability

Sales Remedies

Form and Content

Transfer

Holder in Due Course

Liability of Parties

Bank Deposits, Collections, and Funds Transfers

Relationship of Principal and Agent

Relationship With Third Parties

Formation and Internal Relations of General Partnerships

Operation and Dissolution of General Partnerships

Limited Partnerships and Limited Liability Companies

Nature and Formation of Corporations

Financial Structure of Corporations

Management Structure of Corporations

Fundamental Changes of Corporations

Secured Transactions and Suretyship

Bankruptcy

Securities Regulation

Employment Law

Antitrust

Accountants Legal Liability

Consumer Protection

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 Wills

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