Question 1

Utility patents require which of the following elements?

Accepted Answer

A)  Ornamentality 
B)  Novelty 
C)  Obviousness 
D)  Distinctiveness 
A)  Ornamentality 
B)  Novelty 
C)  Obviousness 
D)  Distinctiveness B

Question 2

Commercially valuable information that is guarded from disclosure and is not general knowledge is called a commercial secret.

Accepted Answer

A) True 
 B)False  False

Question 3

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  True

Question 4

To be protected by federal law,a mark must be distinctive enough to identify clearly the origin of the goods or services.A trade symbol may satisfy the distinctiveness requirement by,in certain circumstances:

Accepted Answer

A)  being a descriptive or geographic designation. 
B)  being inherently distinctive. 
C)  acquiring distinctiveness through a secondary meaning. 
D)  All of these. 
A)  being a descriptive or geographic designation. 
B)  being inherently distinctive. 
C)  acquiring distinctiveness through a secondary meaning. 
D)  All of these.

Question 5

Which of the following items would be patentable?

Accepted Answer

A)  A distinctive variety of an asexually reproducing plant 
B)  A textbook 
C)  The theory of relativity 
D)  A computer program 
A)  A distinctive variety of an asexually reproducing plant 
B)  A textbook 
C)  The theory of relativity 
D)  A computer program

Question 6

The owner of a collective mark must produce the goods it seeks to mark.

Accepted Answer

A) True 
 B)False

Question 7

The Family Entertainment and Copyright Act of 2005 established criminal penalties for willful copyright infringement of musical works or motion pictures,but does allow for the sale and use of technology that can skip content of films in order to edit out language,violence,or sex.

Accepted Answer

A) True 
 B)False

Question 8

Professor Wright photocopies 50 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 9

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

Accepted Answer

A)  Fair use 
B)  Compulsory licenses 
C)  Palming off 
D)  Both fair use and compulsory licenses 
A)  Fair use 
B)  Compulsory licenses 
C)  Palming off 
D)  Both fair use and compulsory licenses

Question 10

The Lanham Act prohibits "palming off" but not "reverse palming off."

Accepted Answer

A) True 
 B)False

Question 11

An artist would like to protect one of his original oil paintings from being sold as original prints.He may protect his painting by applying for a:

Accepted Answer

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

Question 12

If a registered copyright is willfully infringed,the owner may ask for and receive which of the following remedies?

Accepted Answer

A)  Rescission and restitution 
B)  Punitive damages 
C)  Injunction 
D)  All of these. 
A)  Rescission and restitution 
B)  Punitive damages 
C)  Injunction 
D)  All of these.

Question 13

A company claiming rights in a trademark may use the TM designation even if the mark is not registered.

Accepted Answer

A) True 
 B)False

Question 14

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 15

While employed and even after termination of employment,an employee cannot divulge trade secrets to a competitor.

Accepted Answer

A) True 
 B)False

Question 16

A federally protected trademark can be "abandoned" and lose protection through non-use.

Accepted Answer

A) True 
 B)False

Question 17

Marks such as "Good Housekeeping Seal of Approval" and "Underwriter's Laboratory" are examples of:

Accepted Answer

A)  service marks. 
B)  certification marks. 
C)  collective marks. 
D)  trademarks. 
A)  service marks. 
B)  certification marks. 
C)  collective marks. 
D)  trademarks.

Question 18

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 19

The Economic Espionage Act of 1996 (as amended in 2012 and 2016):

Accepted Answer

A)  defines trade secrets to include information only in tangible form. 
B)  protects the owner of trade secrets regardless of the measures used to keep the information secret. 
C)  provides for punishment of organizations that violate the act by subjecting them to fines of up to $5 million. 
D)  narrowly defines theft of trade secrets. 
A)  defines trade secrets to include information only in tangible form. 
B)  protects the owner of trade secrets regardless of the measures used to keep the information secret. 
C)  provides for punishment of organizations that violate the act by subjecting them to fines of up to $5 million. 
D)  narrowly defines theft of trade secrets.

Question 20

The Lanham Act protects a generic or descriptive mark.

Accepted Answer

A) True 
 B)False

Exam 39: Protection of Intellectual Property

Utility patents require which of the following elements?

Commercially valuable information that is guarded from disclosure and is not general knowledge is called a commercial secret.

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.

To be protected by federal law,a mark must be distinctive enough to identify clearly the origin of the goods or services.A trade symbol may satisfy the distinctiveness requirement by,in certain circumstances:

Which of the following items would be patentable?

The owner of a collective mark must produce the goods it seeks to mark.

The Family Entertainment and Copyright Act of 2005 established criminal penalties for willful copyright infringement of musical works or motion pictures,but does allow for the sale and use of technology that can skip content of films in order to edit out language,violence,or sex.

Professor Wright photocopies 50 copies of a copyrighted chart to distribute to his students in class.This is a clear violation of the Copyright Act.

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

The Lanham Act prohibits "palming off" but not "reverse palming off."

An artist would like to protect one of his original oil paintings from being sold as original prints.He may protect his painting by applying for a:

If a registered copyright is willfully infringed,the owner may ask for and receive which of the following remedies?

A company claiming rights in a trademark may use the TM designation even if the mark is not registered.

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

While employed and even after termination of employment,an employee cannot divulge trade secrets to a competitor.

A federally protected trademark can be "abandoned" and lose protection through non-use.

Marks such as "Good Housekeeping Seal of Approval" and "Underwriter's Laboratory" are examples of:

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

The Economic Espionage Act of 1996 (as amended in 2012 and 2016):

The Lanham Act protects a generic or descriptive mark.

Introduction to Law

Business Ethics and the Social Responsibility of Business

Civil Dispute Resolution

Constitutional Law

Administrative Law

A: 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

Relationship of Principal and Agent

Relationship With Third Parties

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Products Liability: Warranties and Strict Liability in Tort

Sales Remedies

Form and Content

Transfer and Holder in Due Course

Liability of Parties

Bank Deposits,collections,and Funds Transfers

Formation and Internal Relations of General Partnerships

Operation and Dissolution of General Partnerships

Limited Partnerships and Limited Liability Companies

Nature,formation,and Powers

Financial Structure

Management Structure

Fundamental Changes

Secured Transactions and Suretyship

Bankruptcy

Antitrust

Consumer Protection Double

Employment Law

Securities Regulation

Accountants Legal Liability

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 Decedents Estates

Legal Terminology: Understanding Criminal and Civil Law Systems

Contract Law Terminology

Exploring the Legal Concepts of Agency and Fiduciary Duty

Understanding Key Legal Concepts in Sales and Contracts

Understanding the Terminology of Banking and Finance: Key Concepts and Definitions

Exploring Legal Concepts and Processes in Business Partnerships

Understanding Corporate Law: A Guide to Ultra Vires Acts, Subscribers, Debt Securities, and More

Understanding Key Terms in Secured Transactions and Bankruptcy Law

Legal Topics and Terms