Question 1

While employed, an employee who has no restrictive employment contract with his employer may divulge secrets to a competitor.

Accepted Answer

A) True 
 B)False

Question 2

T-J Computer Company has developed a new and innovative magazine and television ad campaign that it would like to protect from use by its competitors.T-J may copyright its magazine and television ads.

Accepted Answer

A) True 
 B)False

Question 3

Federal trademark protection may be obtained for the symbol of the U.S.flag.

Accepted Answer

A) True 
 B)False

Question 4

The Lanham Act recognizes five types of trade symbols or marks.

Accepted Answer

A) True 
 B)False

Question 5

"Palming off" was one of the earliest forms of unfair competition, but it is not found today.

Accepted Answer

A) True 
 B)False

Question 6

Edwina wrote an original novel entitled "Good Thunder on the Prairie" and registered a copyright on her work.A producer read the book and thought it would make an excellent made-for-television movie, so without consulting Edwina, he developed a script based upon the novel and produced it as "Thunder Storm on the Prairie." What, if any, recourse does Edwina have under the circumstances?

Accepted Answer

Copyright protection extends to an origi

Question 7

Federal trademark protection:

Accepted Answer

A) lasts for ten years after registration. 
B) can be renewed an unlimited number of times. 
C) can be abandoned by non-use. 
D) All of the above. 
A) lasts for ten years after registration. 
B) can be renewed an unlimited number of times. 
C) can be abandoned by non-use. 
D) All of the above.

Question 8

A person is a direct infringer if he knowingly sells or supplies a part or component of a patented invention.

Accepted Answer

A) True 
 B)False

Question 9

Injunctive relief is a common remedy under the Lanham Act.

Accepted Answer

A) True 
 B)False

Question 10

Regarding trademark protection:

Accepted Answer

A) federal registration is required to establish rights in a mark. 
B) an owner may abandon the mark through non-use and lose protection. 
C) the owner will be presumed to have abandoned the mark after two years of non-use. 
D) All of the above. 
E) Both (b) and (c) are true. 
A) federal registration is required to establish rights in a mark. 
B) an owner may abandon the mark through non-use and lose protection. 
C) the owner will be presumed to have abandoned the mark after two years of non-use. 
D) All of the above. 
E) Both (b) and (c) are true.

Question 11

Which of the following is true of a generic name?

Accepted Answer

A) It is exemplified by such terms as "aspirin," "escalator," and "cellophane." 
B) It is one that is understood by prospective purchasers to denominate the general type of goods or services with which it is used. 
C) A user can acquire rights in a generic name as a trade symbol. 
D) All of the above. 
E) Both (a) and (b). 
A) It is exemplified by such terms as "aspirin," "escalator," and "cellophane." 
B) It is one that is understood by prospective purchasers to denominate the general type of goods or services with which it is used. 
C) A user can acquire rights in a generic name as a trade symbol. 
D) All of the above. 
E) Both (a) and (b).

Question 12

Goods bearing a counterfeit mark may be destroyed without compensation to the owner of the goods.

Accepted Answer

A) True 
 B)False

Question 13

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 14

Kartov Corporation is in the business of developing pharmaceutical products.It uses a number of highly technical secret processes in its business.Martin worked for the company for five years and then left after an argument with one of the vice presidents of the company.He went to work for one of Kartov's competitors, which has begun to market similar products that seem to have been produced using the secret processes developed and used by Kartov.What, if any, recourse does Kartov have under the circumstances?

Accepted Answer

Martin seems to have misappropriated tra

Question 15

Infringement is the unauthorized use of a trademark of another or use of a substantially indistinguishable mark.

Accepted Answer

A) True 
 B)False

Question 16

Which of the following remedies is NOT available for patent infringement?

Accepted Answer

A) Attorneys' fees in some but not all cases. 
B) An accounting for profits. 
C) Treble damages when appropriate. 
D) Injunctive relief. 
A) Attorneys' fees in some but not all cases. 
B) An accounting for profits. 
C) Treble damages when appropriate. 
D) Injunctive relief.

Question 17

A mark distinctive enough to clearly identify the origin of the goods or services can be protected under:

Accepted Answer

A) the Federal Copyright Act. 
B) the Lanham Act. 
C) the Berne Convention. 
D) compulsory licenses. 
A) the Federal Copyright Act. 
B) the Lanham Act. 
C) the Berne Convention. 
D) compulsory licenses.

Question 18

Under copyright law, the doctrine of works for hire states that:

Accepted Answer

A) if an employee prepares a work within the scope of her employment, her employer is considered the author of the work. 
B) if an employee prepares a work within the scope of her employment, the employee is considered the author of the work for copyright purposes. 
C) if the work is specially ordered or commissioned, it is always considered, for copyright purposes, the work of the employer. 
D) a person's original creations, if committed to tangible form, are always considered to be authored by the actual creator in the law of copyright. 
A) if an employee prepares a work within the scope of her employment, her employer is considered the author of the work. 
B) if an employee prepares a work within the scope of her employment, the employee is considered the author of the work for copyright purposes. 
C) if the work is specially ordered or commissioned, it is always considered, for copyright purposes, the work of the employer. 
D) a person's original creations, if committed to tangible form, are always considered to be authored by the actual creator in the law of copyright.

Question 19

An example of a "certification mark" would be:

Accepted Answer

A) Holiday Inns. 
B) Xerox. 
C) Real Cheese. 
D) Nabisco. 
A) Holiday Inns. 
B) Xerox. 
C) Real Cheese. 
D) Nabisco.

Exam 41: Intellectual Property

While employed, an employee who has no restrictive employment contract with his employer may divulge secrets to a competitor.

T-J Computer Company has developed a new and innovative magazine and television ad campaign that it would like to protect from use by its competitors.T-J may copyright its magazine and television ads.

Federal trademark protection may be obtained for the symbol of the U.S.flag.

The Lanham Act recognizes five types of trade symbols or marks.

"Palming off" was one of the earliest forms of unfair competition, but it is not found today.

Federal trademark protection:

A person is a direct infringer if he knowingly sells or supplies a part or component of a patented invention.

Injunctive relief is a common remedy under the Lanham Act.

Regarding trademark protection:

Which of the following is true of a generic name?

Goods bearing a counterfeit mark may be destroyed without compensation to the owner of the goods.

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

Infringement is the unauthorized use of a trademark of another or use of a substantially indistinguishable mark.

Which of the following remedies is NOT available for patent infringement?

A mark distinctive enough to clearly identify the origin of the goods or services can be protected under:

Under copyright law, the doctrine of works for hire states that:

An example of a "certification mark" would be:

Introduction to Law

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