Question 1

A copyright is a government-granted right to exclude others from making,using,or selling an invention.

Accepted Answer

A) True 
 B)False  False

Question 2

Which of the following is true regarding remedies for patent infringement?

Accepted Answer

A)  The patent holder may seek preliminary and permanent injunctive relief and damages, as well as court costs and attorneys' fees. 
B)  The patent holder may seek preliminary and permanent injunctive relief and damages, as well as court costs, but attorneys' fees are unavailable. 
C)  The patent holder may seek permanent injunctive relief and damages, as well as court costs and attorneys' fees, but preliminary injunctive relief is unavailable. 
D)  The patent holder may seek damages, as well as court costs and attorneys' fees, but injunctive relief is unavailable. 
A)  The patent holder may seek preliminary and permanent injunctive relief and damages, as well as court costs and attorneys' fees. 
B)  The patent holder may seek preliminary and permanent injunctive relief and damages, as well as court costs, but attorneys' fees are unavailable. 
C)  The patent holder may seek permanent injunctive relief and damages, as well as court costs and attorneys' fees, but preliminary injunctive relief is unavailable. 
D)  The patent holder may seek damages, as well as court costs and attorneys' fees, but injunctive relief is unavailable. A

Question 3

Terms that were once enforceable trademarks may become generic and thereby not protected.

Accepted Answer

A) True 
 B)False  True

Question 4

A patent holder must personally make use of the invention.

Accepted Answer

A) True 
 B)False

Question 5

What did the court rule in the case in which Holiday Inn claimed that by using a similar number a travel agency infringed Holiday Inns' trademark in its vanity toll-free telephone number?

Accepted Answer

A)  That there was no potential for confusion and that, therefore, there was no trademark violation. 
B)  That there was a trademark violation and that damages were available. 
C)  That although there was a potential for confusion, there was no trademark violation. 
D)  That there was a trademark violation but that only injunctive relief was available. 
A)  That there was no potential for confusion and that, therefore, there was no trademark violation. 
B)  That there was a trademark violation and that damages were available. 
C)  That although there was a potential for confusion, there was no trademark violation. 
D)  That there was a trademark violation but that only injunctive relief was available.

Question 6

Fact Pattern 11-1
Samantha develops a new type of comb that effectively removes loose dog hair and eliminates problems with shedding. Samantha had never seen such a comb on the market and was very surprised when she received notification that she was being sued for patent infringement by the holder of a patent on a similar type of comb. Samantha investigates and determines that the earlier patent was valid. Her friend Harry, a first year law student told her that she could not be guilty of patent infringement because she was not aware of the earlier patent, and that she should proceed to at least sell the rest of her inventory.
-Refer to fact pattern 11-1. Assuming the validity of the earlier patent,which of the following is true regarding Harry's statement that Samantha could not be guilty of patent infringement because she was unaware of the earlier patent when she began marketing her combs?

Accepted Answer

A)  Harry was correct. 
B)  Harry was incorrect, and Samantha can be held liable for direct patent infringement. 
C)  Harry was incorrect, and Samantha can be held liable for indirect patent infringement. 
D)  Harry was incorrect, and Samantha can be held liable for contributory patent infringement. 
A)  Harry was correct. 
B)  Harry was incorrect, and Samantha can be held liable for direct patent infringement. 
C)  Harry was incorrect, and Samantha can be held liable for indirect patent infringement. 
D)  Harry was incorrect, and Samantha can be held liable for contributory patent infringement.

Question 7

Arbitrary marks are real words whose ordinary meaning has something to do with the color or shape of the trademarked product.

Accepted Answer

A) True 
 B)False

Question 8

Which of the following is an example of an arbitrary trademark?

Accepted Answer

A)  Camel 
B)  Kodak 
C)  Exxon 
D)  Clorox 
A)  Camel 
B)  Kodak 
C)  Exxon 
D)  Clorox

Question 9

A trademark does not necessarily reveal the product's manufacturer.

Accepted Answer

A) True 
 B)False

Question 10

A ________ placed on a product indicates that the product has met the certifier's standards of safety or quality.

Accepted Answer

A)  certification mark 
B)  trademark 
C)  service mark 
D)  trade name 
A)  certification mark 
B)  trademark 
C)  service mark 
D)  trade name

Question 11

Copyright protection does not extend to derivative works.

Accepted Answer

A) True 
 B)False

Question 12

The term _____ is used to describe a nonpracticing entity that purchases one or more patents with the intent to enforce the patents against infringers,rather than to manufacture a patented product or supply a patented service.

Accepted Answer

A)  patent troll 
B)  illegal user 
C)  patent hoarder 
D)  patent stasher 
A)  patent troll 
B)  illegal user 
C)  patent hoarder 
D)  patent stasher

Question 13

Susan may get a patent on the new type of rose she developed through asexual reproduction.

Accepted Answer

A) True 
 B)False

Question 14

The U.S.Supreme Court ruled that living organisms can be patented if they are human-made.

Accepted Answer

A) True 
 B)False

Question 15

Trade secrets are protected for an indefinite time.

Accepted Answer

A) True 
 B)False

Question 16

The federal trademark act is known as the _________ Act.

Accepted Answer

A)  Trademark 
B)  Signal 
C)  Smith 
D)  Lanham 
A)  Trademark 
B)  Signal 
C)  Smith 
D)  Lanham

Question 17

An invention will be denied patent protection if its novelty merely represents an obvious development over existing technology,also referred to as prior art.

Accepted Answer

A) True 
 B)False

Question 18

The defense of _________ is available when a trademark user truthfully uses a competitor's mark to identify the competitor's product for the user's own purposes.

Accepted Answer

A)  nominative use 
B)  competitive use 
C)  genericity 
D)  fair use 
A)  nominative use 
B)  competitive use 
C)  genericity 
D)  fair use

Question 19

A ______ is used in conjunction with services.

Accepted Answer

A)  certification mark 
B)  trademark 
C)  service mark 
D)  trade name 
A)  certification mark 
B)  trademark 
C)  service mark 
D)  trade name

Question 20

Which of the following is true regarding how damages may be awarded in a patent infringement case?

Accepted Answer

A)  Damages may be awarded based on (1) the patent holder's lost profits, (2) the infringer's profits, or (3) a reasonable royalty for the infringer's use of the invention. 
B)  Damages may only be awarded based on the patent holder's lost profits. 
C)  Damages may only be awarded based on the infringer's profits. 
D)  Damages may only be awarded based on a reasonable royalty for the infringer's use of the invention. 
A)  Damages may be awarded based on (1) the patent holder's lost profits, (2) the infringer's profits, or (3) a reasonable royalty for the infringer's use of the invention. 
B)  Damages may only be awarded based on the patent holder's lost profits. 
C)  Damages may only be awarded based on the infringer's profits. 
D)  Damages may only be awarded based on a reasonable royalty for the infringer's use of the invention.

Exam 11: Intellectual property

A copyright is a government-granted right to exclude others from making,using,or selling an invention.

Which of the following is true regarding remedies for patent infringement?

Terms that were once enforceable trademarks may become generic and thereby not protected.

A patent holder must personally make use of the invention.

What did the court rule in the case in which Holiday Inn claimed that by using a similar number a travel agency infringed Holiday Inns' trademark in its vanity toll-free telephone number?

Arbitrary marks are real words whose ordinary meaning has something to do with the color or shape of the trademarked product.

Which of the following is an example of an arbitrary trademark?

A trademark does not necessarily reveal the product's manufacturer.

A ________ placed on a product indicates that the product has met the certifier's standards of safety or quality.

Copyright protection does not extend to derivative works.

The term _____ is used to describe a nonpracticing entity that purchases one or more patents with the intent to enforce the patents against infringers,rather than to manufacture a patented product or supply a patented service.

Susan may get a patent on the new type of rose she developed through asexual reproduction.

The U.S.Supreme Court ruled that living organisms can be patented if they are human-made.

Trade secrets are protected for an indefinite time.

The federal trademark act is known as the _________ Act.

An invention will be denied patent protection if its novelty merely represents an obvious development over existing technology,also referred to as prior art.

The defense of _________ is available when a trademark user truthfully uses a competitor's mark to identify the competitor's product for the user's own purposes.

A ______ is used in conjunction with services.

Which of the following is true regarding how damages may be awarded in a patent infringement case?

law, value creation, and risk management

Ethics ant the law

Courts, sources of law, and dispute resolution

Constitutional bases for business regulation

Agency

Administrative Law

Contracts

sales,licensing,and e-commerce

Torts and Privacy protection

product liability

The employment agreement

civil rights and employment discrimination

Criminal law

Environmental law

Antitrust

Consumer Protection

real property and land use

Forms of business organizations

Directors, Officers, and Controlling Shareholders

Public and Private Offerings of Securities

Securities Fraud and insider trading

Debtor-Creditor Relations and Bankruptcy

International Business

Filters