Question 1

Injunctive relief is a common remedy under the Lanham Act.

Accepted Answer

A) True 
 B)False

Question 2

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

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

Plant patents require which of the following elements?

Accepted Answer

A) Distinctiveness. 
B) Nonornamentality. 
C) Nonobviousness. 
D) Novelty. 
E) (a), (c) and (d) are correct. 
A) Distinctiveness. 
B) Nonornamentality. 
C) Nonobviousness. 
D) Novelty. 
E) (a), (c) and (d) are correct.

Question 5

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 then 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 6

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 7

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 8

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) Madrid Protocol. 
A) Berne Convention. 
B) Convention on International Copyright Protection (CICP). 
C) Geneva Convention. 
D) Madrid Protocol.

Question 9

A patent may be renewed.

Accepted Answer

A) True 
 B)False

Question 10

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

Accepted Answer

A) True 
 B)False

Question 11

Federal registration of a mark under the Lanham Act:

Accepted Answer

A) permits the registrant to use the federal courts to enforce the mark. 
B) is required to establish rights in the mark. 
C) makes the registrant's exclusive right to use the mark incontestable after three years. 
D) All of the above. 
A) permits the registrant to use the federal courts to enforce the mark. 
B) is required to establish rights in the mark. 
C) makes the registrant's exclusive right to use the mark incontestable after three years. 
D) All of the above.

Question 12

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 13

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 14

In most cases,copyright protection lasts for the period of a person's life plus an additional seventy years.

Accepted Answer

A) True 
 B)False

Question 15

The owner of a collective mark is the producer of the goods it seeks to mark.

Accepted Answer

A) True 
 B)False

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

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

Accepted Answer

A) True 
 B)False

Question 18

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.

Question 19

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 20

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

Accepted Answer

The Copyright Act gives the copyright ow

Exam 40: Intellectual Property

Injunctive relief is a common remedy under the Lanham Act.

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

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

Plant patents require which of the following elements?

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

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

A patent may be renewed.

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

Federal registration of a mark under the Lanham Act:

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

Regarding trademark protection:

In most cases,copyright protection lasts for the period of a person's life plus an additional seventy years.

The owner of a collective mark is the producer of the goods it seeks to mark.

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

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

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

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.

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

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 and 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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