Question 1

A sculptor wishes to protect one of his original works.He may do so by applying for a:

Accepted Answer

A) copyright. 
B) patent. 
C) service mark registration 
D) trademark registration 
A) copyright. 
B) patent. 
C) service mark registration 
D) trademark registration

Question 2

Nature's Finest,Inc.develops a fruit juice bottle design and label with distinctive shades of orange,red,and green.Only the company's name and not the appearance of its product can be a trademark.

Accepted Answer

A) True 
 B)False

Question 3

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 4

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 5

Infringement of a mark is the unauthorized use of an identical or substantially indistinguishable mark that is likely to cause confusion,to cause mistake,or to deceive.

Accepted Answer

A) True 
 B)False

Question 6

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 7

Copyright infringement may be unintentional.

Accepted Answer

A) True 
 B)False

Question 8

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

Accepted Answer

The three types of patents are utility,p

Question 9

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

Accepted Answer

A) True 
 B)False

Question 10

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

Accepted Answer

A) True 
 B)False

Question 11

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 12

Under the Leahy-Smith America Invents Act signed into law in 2011:

Accepted Answer

A) a patent will be awarded to the first inventor to file an application for the invention. 
B) a patent will be awarded to the first person to create an invention. 
C) patents granted after January 2012 may be renewed for one additional term. 
D) the patent application process will be more complicated, but it will harmonize the U.S. system with systems commonly used in other countries with which the U.S. trades. 
E) Both (b) and (c). 
A) a patent will be awarded to the first inventor to file an application for the invention. 
B) a patent will be awarded to the first person to create an invention. 
C) patents granted after January 2012 may be renewed for one additional term. 
D) the patent application process will be more complicated, but it will harmonize the U.S. system with systems commonly used in other countries with which the U.S. trades. 
E) Both (b) and (c).

Question 13

The Digital Millennium Copyright Act of 1998 amended the Copyright Act to create limitations on the liability of online providers for copyright infringement when they are engaging in certain activities.

Accepted Answer

A) True 
 B)False

Question 14

Curtis,without authorization and after many unsuccessful attempts to access the information,downloads a formula used by his employer to make an award-winning product.He plans to sell the formula to a competitor and make enough money to retire.Instead,he may face:

Accepted Answer

A) a fine of up to $500,000. 
B) a fine of up to $1 million. 
C) imprisonment for up to ten years. 
D) Both (a) and (c). 
E) Both (b) and (c). 
A) a fine of up to $500,000. 
B) a fine of up to $1 million. 
C) imprisonment for up to ten years. 
D) Both (a) and (c). 
E) Both (b) and (c).

Question 15

Examples of service marks include:

Accepted Answer

A) Howard Johnson's orange roof. 
B) trade dress. 
C) nonfunctional design of labels. 
D) All of the above. 
A) Howard Johnson's orange roof. 
B) trade dress. 
C) nonfunctional design of labels. 
D) All of the above.

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 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 18

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 19

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

Accepted Answer

A) True 
 B)False

Exam 40: Intellectual Property

A sculptor wishes to protect one of his original works.He may do so by applying for a:

Nature's Finest,Inc.develops a fruit juice bottle design and label with distinctive shades of orange,red,and green.Only the company's name and not the appearance of its product can be a trademark.

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

Infringement of a mark is the unauthorized use of an identical or substantially indistinguishable mark that is likely to cause confusion,to cause mistake,or to deceive.

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

Copyright infringement may be unintentional.

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

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

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

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.

Under the Leahy-Smith America Invents Act signed into law in 2011:

The Digital Millennium Copyright Act of 1998 amended the Copyright Act to create limitations on the liability of online providers for copyright infringement when they are engaging in certain activities.

Curtis,without authorization and after many unsuccessful attempts to access the information,downloads a formula used by his employer to make an award-winning product.He plans to sell the formula to a competitor and make enough money to retire.Instead,he may face:

Examples of service marks include:

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

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

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

Filters