Question 1

The result of a patent-infringement suit may be that the patent holder loses the patent.

Accepted Answer

A) True 
 B)False  True

Question 2

Which of the following is a difference between a patent and a trade secret?

Accepted Answer

A)  A patent grants its holder exclusive monopoly over the product for 20 years, whereas a trade secret does not. 
B)  A trade secret goes into the public domain after a period of 10 years, but a patent does not. 
C)  The law protects a trade secret that has been reverse engineered by a competitor but not a patent. 
D)  Business methods are generally protected by patent laws, but they cannot be protected by trade secret laws. 
A)  A patent grants its holder exclusive monopoly over the product for 20 years, whereas a trade secret does not. 
B)  A trade secret goes into the public domain after a period of 10 years, but a patent does not. 
C)  The law protects a trade secret that has been reverse engineered by a competitor but not a patent. 
D)  Business methods are generally protected by patent laws, but they cannot be protected by trade secret laws. A

Question 3

A trade secret is a process, product, method of operation, or compilation of information that gives a businessperson an advantage over his or her competitors.

Accepted Answer

A) True 
 B)False  True

Question 4

Sparkle, Inc., a beverage company, uses a distinctly-shaped bottle to sell its beverages. Customers identify its beverages by the shape of its bottle. One of its competitors designs a similarly-shaped bottle for its product. Which of the following types of intellectual property infringement has Sparkle, Inc.'s competitor committed?

Accepted Answer

A)  trademark 
B)  trade dress 
C)  patent 
D)  trade secret 
A)  trademark 
B)  trade dress 
C)  patent 
D)  trade secret

Question 5

Which of the following statements is true of the Computer Software Copyright Act?

Accepted Answer

A)  It outlawed the creation or sale of a device that can crack codes to allow one to copy software. 
B)  It outlawed distribution or copying of copyrighted material over the Internet, even for the purposes of education and research. 
C)  It declared that the act of evading anti-piracy technologies included in software is a crime. 
D)  It declared that the coded language and general framework of computer software can be copyrighted. 
A)  It outlawed the creation or sale of a device that can crack codes to allow one to copy software. 
B)  It outlawed distribution or copying of copyrighted material over the Internet, even for the purposes of education and research. 
C)  It declared that the act of evading anti-piracy technologies included in software is a crime. 
D)  It declared that the coded language and general framework of computer software can be copyrighted.

Question 6

Any website continually casting music over the Internet is required by the Digital Millennium Copyright Act (DMCA) to have licensing agreements with the copyright holder.

Accepted Answer

A) True 
 B)False

Question 7

are marks licensed by a group that has established certain criteria for use of the mark.

Accepted Answer

A)  Product trademarks 
B)  Service marks 
C)  Collective marks 
D)  Certification marks 
A)  Product trademarks 
B)  Service marks 
C)  Collective marks 
D)  Certification marks

Question 8

Which of the following is an incorrect statement regarding trademarks?

Accepted Answer

A)  A color has been found to constitute a trademark. 
B)  A phrase can be trademarked. 
C)  A trademark used intrastate is protected under international intellectual property law. 
D)  To be protected in interstate use, a trademark must be registered with the U.S. Patent Office under the Lanham Act of 1947. 
A)  A color has been found to constitute a trademark. 
B)  A phrase can be trademarked. 
C)  A trademark used intrastate is protected under international intellectual property law. 
D)  To be protected in interstate use, a trademark must be registered with the U.S. Patent Office under the Lanham Act of 1947.

Question 9

Trade Related Aspects of International Property Rights (TRIPS) protects trademarks for both goods and services.

Accepted Answer

A) True 
 B)False

Question 10

A is a distinctive mark used by a seller in conjunction with a product that tends to cause the consumer to identify the product with the producer.

Accepted Answer

A)  copyright 
B)  trademark 
C)  trade secret 
D)  patent 
A)  copyright 
B)  trademark 
C)  trade secret 
D)  patent

Question 11

Which of the following is an incorrect statement regarding a patent?

Accepted Answer

A)  Once a patent is issued, the holder may bring a patent-infringement suit in a federal court against anyone who uses, sells, or manufactures the patented invention without the permission of the patent holder. 
B)  Money damages are not recoverable in a patent-infringement suit, since an injunction prohibits further use of the patented item by the infringer. 
C)  A successful patent-infringement suit may result in an injunction prohibiting further use of the patented item by the infringer. 
D)  A common dilemma facing an inventor is whether to protect an invention through patent or trade-secret law. 
A)  Once a patent is issued, the holder may bring a patent-infringement suit in a federal court against anyone who uses, sells, or manufactures the patented invention without the permission of the patent holder. 
B)  Money damages are not recoverable in a patent-infringement suit, since an injunction prohibits further use of the patented item by the infringer. 
C)  A successful patent-infringement suit may result in an injunction prohibiting further use of the patented item by the infringer. 
D)  A common dilemma facing an inventor is whether to protect an invention through patent or trade-secret law.

Question 12

To enjoin a competitor from continuing the use of a trade secret, a plaintiff must prove that the .

Accepted Answer

A)  trade secret bestows a competitive advantage upon the defendant 
B)  plaintiff's business has suffered losses due to its use by the defendant 
C)  defendant used the trade secret without the plaintiff's permission 
D)  defendant used reverse engineering to discover the trade secret 
A)  trade secret bestows a competitive advantage upon the defendant 
B)  plaintiff's business has suffered losses due to its use by the defendant 
C)  defendant used the trade secret without the plaintiff's permission 
D)  defendant used reverse engineering to discover the trade secret

Question 13

Which of the following statements is true about copyrights?

Accepted Answer

A)  A freely distributed work is still protected by copyright laws. 
B)  Titles and short phrases are protected by copyright laws. 
C)  A work is copyrightable if it is set out in a tangible medium. 
D)  A work is copyrightable even if it is not original. 
A)  A freely distributed work is still protected by copyright laws. 
B)  Titles and short phrases are protected by copyright laws. 
C)  A work is copyrightable if it is set out in a tangible medium. 
D)  A work is copyrightable even if it is not original.

Question 14

The holder of a(n) has the exclusive right to produce, sell, and use a product, process, invention, or machine for 20 years.

Accepted Answer

A)  trade secret 
B)  industrial design right 
C)  patent 
D)  certification mark 
A)  trade secret 
B)  industrial design right 
C)  patent 
D)  certification mark

Question 15

Trademark dilution laws prohibit the use of "distinctive" or "famous" trademarks even without a showing of consumer confusion.

Accepted Answer

A) True 
 B)False

Question 16

Bertha is willing to issue a license for her patented copy machine, but only if the licensee agrees to buy all of the required copy paper from her office supply store during the term of the license. Which of the following statements is true about Bertha's plan?

Accepted Answer

A)  This arrangement must be registered in court. 
B)  This arrangement constitutes an unlawful tying arrangement. 
C)  This arrangement constitutes unlawful cross-licensing. 
D)  This arrangement is legal and valid. 
A)  This arrangement must be registered in court. 
B)  This arrangement constitutes an unlawful tying arrangement. 
C)  This arrangement constitutes unlawful cross-licensing. 
D)  This arrangement is legal and valid.

Question 17

Which of the following can be protected by using trademark law?

Accepted Answer

A)  a short story written on a word processor 
B)  a logo used to identify a business 
C)  the product formula used to manufacture a famous soft drink 
D)  the bottling machine used to fill bottles in a beverage company 
A)  a short story written on a word processor 
B)  a logo used to identify a business 
C)  the product formula used to manufacture a famous soft drink 
D)  the bottling machine used to fill bottles in a beverage company

Question 18

Which of the following statements is true of registering a trademark with the Patent Office?

Accepted Answer

A)  The Patent Office registers trademarks that are descriptive. 
B)  The Patent Office does not register trademarks that use the name of a person. 
C)  To register a trademark with the Patent Office, one must indicate when the final drawing of the trademark was created and provide a list of competitors. 
D)  To register a trademark with the Patent Office, one must indicate when it was first used in interstate commerce and how it is used. 
A)  The Patent Office registers trademarks that are descriptive. 
B)  The Patent Office does not register trademarks that use the name of a person. 
C)  To register a trademark with the Patent Office, one must indicate when the final drawing of the trademark was created and provide a list of competitors. 
D)  To register a trademark with the Patent Office, one must indicate when it was first used in interstate commerce and how it is used.

Question 19

Which of the following statements is true of patents?

Accepted Answer

A)  The object of a patent can be one that a person of ordinary skill in the trade could have easily discovered. 
B)  Courts generally grant patents for business methods. 
C)  A patent holder has the exclusive right to produce, sell, and use the patented object for the duration of ten years. 
D)  No other party should have created or published the plans for the object of a patent. 
A)  The object of a patent can be one that a person of ordinary skill in the trade could have easily discovered. 
B)  Courts generally grant patents for business methods. 
C)  A patent holder has the exclusive right to produce, sell, and use the patented object for the duration of ten years. 
D)  No other party should have created or published the plans for the object of a patent.

Question 20

Which of the following is an incorrect statement regarding TRIPS?

Accepted Answer

A)  TRIPS ensures equal protection through it national treatment policy and it most-favored- nation policy. 
B)  TRIPS expands the copyright protection in the Berne Convention to include computer programs and rental rights. 
C)  TRIPS has a protection category of geographical indications. 
D)  TRIPS mandates patent protection for at least 14 years. 
A)  TRIPS ensures equal protection through it national treatment policy and it most-favored- nation policy. 
B)  TRIPS expands the copyright protection in the Berne Convention to include computer programs and rental rights. 
C)  TRIPS has a protection category of geographical indications. 
D)  TRIPS mandates patent protection for at least 14 years.

Exam 14: Intellectual Property

The result of a patent-infringement suit may be that the patent holder loses the patent.

Which of the following is a difference between a patent and a trade secret?

A trade secret is a process, product, method of operation, or compilation of information that gives a businessperson an advantage over his or her competitors.

Which of the following statements is true of the Computer Software Copyright Act?

Any website continually casting music over the Internet is required by the Digital Millennium Copyright Act (DMCA) to have licensing agreements with the copyright holder.

are marks licensed by a group that has established certain criteria for use of the mark.

Which of the following is an incorrect statement regarding trademarks?

Trade Related Aspects of International Property Rights (TRIPS) protects trademarks for both goods and services.

A is a distinctive mark used by a seller in conjunction with a product that tends to cause the consumer to identify the product with the producer.

Which of the following is an incorrect statement regarding a patent?

To enjoin a competitor from continuing the use of a trade secret, a plaintiff must prove that the .

Which of the following statements is true about copyrights?

The holder of a(n) has the exclusive right to produce, sell, and use a product, process, invention, or machine for 20 years.

Trademark dilution laws prohibit the use of "distinctive" or "famous" trademarks even without a showing of consumer confusion.

Bertha is willing to issue a license for her patented copy machine, but only if the licensee agrees to buy all of the required copy paper from her office supply store during the term of the license. Which of the following statements is true about Bertha's plan?

Which of the following can be protected by using trademark law?

Which of the following statements is true of registering a trademark with the Patent Office?

Which of the following statements is true of patents?

Which of the following is an incorrect statement regarding TRIPS?

Critical Thinking and Legal Reasoning

Introduction to Law and the Legal Environment of Business

The American Legal System

Alternative Tools of Dispute Resolution

Constitutional Principles

White-Collar Crime and the Business Community

Ethics, Social Responsibility, and the Business Manager

The International Legal Environment of Business

The Law of Contracts and Sales I

The Law of Contracts and Sales Ii

The Law of Torts

Product and Service Liability Law

Law of Property: Real and Personal

Agency Law

Law and Business Associations I

Law and Business Associations II

The Law of Administrative Agencies

The Employment Relationship and Immigration Laws

Laws Governing Labor-Management Relations

Employment Discrimination

Environmental Law

Rules Governing the Issuance and Trading of Securities

Antitrust Laws

Laws of Debtor-Creditor Relations and Consumer Protection

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