Question 1

Cross-licensing occurs when a patent holder licenses two competitors to use the same patented object.

Accepted Answer

A) True 
 B)False

Question 2

Which of the following is the best description of intellectual property?

Accepted Answer

A)  physical property, such as land and housing 
B)  anything that a person thinks 
C)  property that is the result of mental creativity 
D)  property that is considered to be very fruitful 
A)  physical property, such as land and housing 
B)  anything that a person thinks 
C)  property that is the result of mental creativity 
D)  property that is considered to be very fruitful

Question 3

Trade Related Aspects of International Property Rights (TRIPS) allows countries to deny a patent to prevent the commercial exploitation of something dangerous to public order or morality.

Accepted Answer

A) True 
 B)False

Question 4

Which of the following allows a portion of a copyrighted work to be reproduced for purposes of criticism, comment, and news reporting?

Accepted Answer

A)  Federal Trademark Dilution Act of 1995 
B)  fair use doctrine 
C)  Lanham Act of 1947 
D)  Ultramares doctrine 
A)  Federal Trademark Dilution Act of 1995 
B)  fair use doctrine 
C)  Lanham Act of 1947 
D)  Ultramares doctrine

Question 5

What must a plaintiff prove to succeed on a claim of trade-dress infringement?

Accepted Answer

To succeed on a claim of trade-dress inf

Question 6

The purpose of trademark dilution laws is to .

Accepted Answer

A)  prohibit the use of distinctive trademarks only when there is a possibility of consumer confusion 
B)  prohibit the use of distinctive trademarks even without a showing of consumer confusion 
C)  allow the use of famous trademarks on completely unrelated goods 
D)  allow the use of famous trademarks on completely unrelated goods only if there is no possibility of consumer confusion 
A)  prohibit the use of distinctive trademarks only when there is a possibility of consumer confusion 
B)  prohibit the use of distinctive trademarks even without a showing of consumer confusion 
C)  allow the use of famous trademarks on completely unrelated goods 
D)  allow the use of famous trademarks on completely unrelated goods only if there is no possibility of consumer confusion

Question 7

Which of the following best describes cross-licensing?

Accepted Answer

A)  One patent holder licenses another individual to use a patented object, and in return, the patent holder is given the right to hold any patents the licensee may have. 
B)  Two patent holders license each other to use their patents as long as both holders are allowed to license to other parties. 
C)  Two different patent holders license a third individual to use a patented object, and that third party uses the two patents in an authorized manner. 
D)  Two patent holders license each other to use their patents on the condition that neither licenses anyone else to use his or her patent without the other's consent. 
A)  One patent holder licenses another individual to use a patented object, and in return, the patent holder is given the right to hold any patents the licensee may have. 
B)  Two patent holders license each other to use their patents as long as both holders are allowed to license to other parties. 
C)  Two different patent holders license a third individual to use a patented object, and that third party uses the two patents in an authorized manner. 
D)  Two patent holders license each other to use their patents on the condition that neither licenses anyone else to use his or her patent without the other's consent.

Question 8

Which of the following is an incorrect statement regarding trade-dress infringement?

Accepted Answer

A)  The main focus of a case of trade-dress infringement is usually whether there is the likelihood of consumer confusion. 
B)  trade-dress violations occur over a narrow range of products. 
C)  A claim of trade-dress infringement is often accompanied by a claim of trademark infringement. 
D)  Trade dress is entitled to the same protection as a trademark. 
A)  The main focus of a case of trade-dress infringement is usually whether there is the likelihood of consumer confusion. 
B)  trade-dress violations occur over a narrow range of products. 
C)  A claim of trade-dress infringement is often accompanied by a claim of trademark infringement. 
D)  Trade dress is entitled to the same protection as a trademark.

Question 9

Andrew and Martha license each other to use their patents. They agree not to license their patents to anyone else without asking for the other's permission first. Which of the following statements is true of Andrew and Martha's agreement?

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 10

To be protected in intrastate use, a trademark must be registered with the U.S. Patent Office.

Accepted Answer

A) True 
 B)False

Question 11

What is the fair use doctrine?

Accepted Answer

A source of controversy involving copyri

Question 12

Discuss the types of marks protected under the Lanham Act.

Accepted Answer

The types of marks protected under the L

Question 13

The Trade Related Aspects of International Property Rights (TRIPS) is administered through the .

Accepted Answer

A)  World Bank 
B)  World Trade Organization 
C)  International Monetary Fund 
D)  International Labor Organization 
A)  World Bank 
B)  World Trade Organization 
C)  International Monetary Fund 
D)  International Labor Organization

Question 14

A work must be set out in a tangible medium of expression to be copyrightable.

Accepted Answer

A) True 
 B)False

Question 15

Which of the following acts states that the act of evading anti-piracy technologies included in software is a crime?

Accepted Answer

A)  Computer Software Copyright Act 
B)  No Electronic Theft Act of 1997 
C)  Digital Millennium Copyright Act 
D)  Copyright Act of 1976 
A)  Computer Software Copyright Act 
B)  No Electronic Theft Act of 1997 
C)  Digital Millennium Copyright Act 
D)  Copyright Act of 1976

Question 16

Peer-to-peer networking is prohibited under the Digital Millennium Copyright Act (DMCA).

Accepted Answer

A) True 
 B)False

Question 17

Tying arrangements and cross-licensing are considered unlawful because both actions .

Accepted Answer

A)  tend to reduce competition 
B)  inhibit licensees' right to freedom of choice 
C)  limit patent holders' freedom to license their patents 
D)  curb a consumer's right to use the patented product 
A)  tend to reduce competition 
B)  inhibit licensees' right to freedom of choice 
C)  limit patent holders' freedom to license their patents 
D)  curb a consumer's right to use the patented product

Question 18

Which of the following is not a required element for a successful trade dress claim?

Accepted Answer

A)  The trade dress is primarily nonfunctional. 
B)  The trade dress adheres to industry standards. 
C)  The trade dress is inherently distinctive or has acquired a secondary meaning. 
D)  The alleged infringement creates a likelihood of confusion. 
A)  The trade dress is primarily nonfunctional. 
B)  The trade dress adheres to industry standards. 
C)  The trade dress is inherently distinctive or has acquired a secondary meaning. 
D)  The alleged infringement creates a likelihood of confusion.

Question 19

What were the consequences of the Federal Trademark Dilution Act of 1995 (FTDA)?

Accepted Answer

A number of states passed trademark dilu

Question 20

The No Electronic Theft Act (NET) of 1997 permitted distribution of copyrighted material for the purposes of education and research.

Accepted Answer

A) True 
 B)False

Exam 14: Intellectual Property

Cross-licensing occurs when a patent holder licenses two competitors to use the same patented object.

Which of the following is the best description of intellectual property?

Trade Related Aspects of International Property Rights (TRIPS) allows countries to deny a patent to prevent the commercial exploitation of something dangerous to public order or morality.

Which of the following allows a portion of a copyrighted work to be reproduced for purposes of criticism, comment, and news reporting?

What must a plaintiff prove to succeed on a claim of trade-dress infringement?

The purpose of trademark dilution laws is to .

Which of the following best describes cross-licensing?

Which of the following is an incorrect statement regarding trade-dress infringement?

Andrew and Martha license each other to use their patents. They agree not to license their patents to anyone else without asking for the other's permission first. Which of the following statements is true of Andrew and Martha's agreement?

To be protected in intrastate use, a trademark must be registered with the U.S. Patent Office.

What is the fair use doctrine?

Discuss the types of marks protected under the Lanham Act.

The Trade Related Aspects of International Property Rights (TRIPS) is administered through the .

A work must be set out in a tangible medium of expression to be copyrightable.

Which of the following acts states that the act of evading anti-piracy technologies included in software is a crime?

Peer-to-peer networking is prohibited under the Digital Millennium Copyright Act (DMCA).

Tying arrangements and cross-licensing are considered unlawful because both actions .

Which of the following is not a required element for a successful trade dress claim?

What were the consequences of the Federal Trademark Dilution Act of 1995 (FTDA)?

The No Electronic Theft Act (NET) of 1997 permitted distribution of copyrighted material for the purposes of education and research.

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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