Question 1

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). B

Question 2

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

Accepted Answer

A) True 
 B)False  False

Question 3

How long does a copyright last?

Accepted Answer

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

Question 4

A copyright would protect a photograph.

Accepted Answer

A) True 
 B)False

Question 5

The NET Act was enacted to:

Accepted Answer

A) require publication of certain utility and plant patent applications 18 months after filing even if the patent has not yet been granted. 
B) protect the owner of a trademark or service mark from any person who, with a bad faith intent to profit from the mark, uses a domain name which is a protected trademark or word. 
C) extend U.S. copyright protection to works required to be protected under the World Intellectual Property Organization Copyright Treaty and the WIPO Performances and Phonograms Treaty. 
D) to close a loophole in the Copyright Act which permitted infringers to pirate copyrighted works willfully and knowingly as long as they did not do so for profit. 
A) require publication of certain utility and plant patent applications 18 months after filing even if the patent has not yet been granted. 
B) protect the owner of a trademark or service mark from any person who, with a bad faith intent to profit from the mark, uses a domain name which is a protected trademark or word. 
C) extend U.S. copyright protection to works required to be protected under the World Intellectual Property Organization Copyright Treaty and the WIPO Performances and Phonograms Treaty. 
D) to close a loophole in the Copyright Act which permitted infringers to pirate copyrighted works willfully and knowingly as long as they did not do so for profit.

Question 6

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.Tradem

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

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 9

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

Accepted Answer

A) True 
 B)False

Question 10

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 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

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 13

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 14

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 15

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 16

Trade secret law protects a trade secret for renewable 20-year terms.

Accepted Answer

A) True 
 B)False

Question 17

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 18

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 19

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

Accepted Answer

A) True 
 B)False

Question 20

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." In this case:

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 no 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 no secondary meaning.

Exam 40: Intellectual Property

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

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

How long does a copyright last?

A copyright would protect a photograph.

The NET Act was enacted to:

Federal trademark protection:

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

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

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

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

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

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

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

Trade secret law protects a trade secret for renewable 20-year terms.

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.

Intellectual property consists of which of the following?

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

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." In this case:

Introduction to Law

Business Ethics

Civil Dispute Resolution

Constitutional Law

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Intentional Torts

Negligence and Strict Liability

Introduction to Contracts

Mutual Assent

Conduct Invalidating Assent

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Secured Transactions and Suretyship

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