Question 1

The union mark attached to many goods in the United States is a collective mark.

Accepted Answer

A) True 
 B)False  True

Question 2

Goods bearing a counterfeit mark may be destroyed without compensation to the owner of the goods.

Accepted Answer

A) True 
 B)False  True

Question 3

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 4

Komco Computer Company has developed a new and innovative magazine and television ad campaign that it would like to protect from use by its competitors. Komco may copyright its magazine and television ads.

Accepted Answer

A) True 
 B)False

Question 5

Injunctive relief is a common remedy under the Lanham Act.

Accepted Answer

A) True 
 B)False

Question 6

Federal trademark protection:

Accepted Answer

A)  lasts for fourteen years after registration. 
B)  can be renewed for only a limited number of times. 
C)  can be abandoned by non-use. 
D)  All of these. 
A)  lasts for fourteen years after registration. 
B)  can be renewed for only a limited number of times. 
C)  can be abandoned by non-use. 
D)  All of these.

Question 7

Congressional legislation implementing the Madrid Protocol:

Accepted Answer

A)  allowed copyright holders to gain international recognition of their copyright. 
B)  allowed U.S. trademark owners to file for registration in the many member countries of the Protocol by filing a single application. 
C)  gave international trade secret protection. 
D)  simplified the procedure for acquiring international patents. 
A)  allowed copyright holders to gain international recognition of their copyright. 
B)  allowed U.S. trademark owners to file for registration in the many member countries of the Protocol by filing a single application. 
C)  gave international trade secret protection. 
D)  simplified the procedure for acquiring international patents.

Question 8

Electronic surveillance for the purpose of acquiring trade secrets is permissible under the law of unfair competition.

Accepted Answer

A) True 
 B)False

Question 9

For a mark to be protected under federal law, it must be registered with the Patent and Trademark Office.

Accepted Answer

A) True 
 B)False

Question 10

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 11

Regarding trademark protection:

Accepted Answer

A)  an applicant must have actually used the mark in commerce before it can be protected. 
B)  an owner may abandon the mark through non-use and lose protection. 
C)  will be presumed to have abandoned the mark after two years of non-use. 
D)  All of these are true. 
A)  an applicant must have actually used the mark in commerce before it can be protected. 
B)  an owner may abandon the mark through non-use and lose protection. 
C)  will be presumed to have abandoned the mark after two years of non-use. 
D)  All of these are true.

Question 12

Infringement is the unauthorized use of the intellectual property of another.

Accepted Answer

A) True 
 B)False

Question 13

Federal protection of a registered trademark is perpetual.

Accepted Answer

A) True 
 B)False

Question 14

A federally protected trademark cannot be "abandoned" through simple non-use.

Accepted Answer

A) True 
 B)False

Question 15

Curt has no connection with Harvard University, but he has a new line of computer software that he would like to market to university students and faculty under the name of "Harvard Software." In this case:

Accepted Answer

A)  Curt may, most likely, register the name "Harvard Software" under the Lanham Act. 
B)  Curt may, most likely, be able to copyright the name "Harvard Software" under the Copyright Act. 
C)  it is unlikely that Curt will be able to register the name "Harvard Software," because it falsely suggests a connection to an institution. 
D)  it is unlikely that Curt will be able to register the name "Harvard Software," because it has not yet been market tested to see if the name confuses consumers. 
A)  Curt may, most likely, register the name "Harvard Software" under the Lanham Act. 
B)  Curt may, most likely, be able to copyright the name "Harvard Software" under the Copyright Act. 
C)  it is unlikely that Curt will be able to register the name "Harvard Software," because it falsely suggests a connection to an institution. 
D)  it is unlikely that Curt will be able to register the name "Harvard Software," because it has not yet been market tested to see if the name confuses consumers.

Question 16

The Economic Espionage Act of 1996:

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 17

Infringement of a mark occurs when:

Accepted Answer

A)  a person intends to confuse purchasers by using an identical or substantially indistinguishable mark. 
B)  it is proved that purchasers were actually confused by use of an identical or substantially indistinguishable mark. 
C)  and only when, an identical mark was used in an unauthorized way. 
D)  a person without authorization uses an identical or substantially similar mark that is likely to cause confusion, to cause mistake, or to deceive. 
A)  a person intends to confuse purchasers by using an identical or substantially indistinguishable mark. 
B)  it is proved that purchasers were actually confused by use of an identical or substantially indistinguishable mark. 
C)  and only when, an identical mark was used in an unauthorized way. 
D)  a person without authorization uses an identical or substantially similar mark that is likely to cause confusion, to cause mistake, or to deceive.

Question 18

The word "truck" cannot be a trademark for trucks, although it could be a trademark for a new brand of designer jeans.

Accepted Answer

A) True 
 B)False

Question 19

Gerdsome, Inc. uses a trademark that is substantially the same as a mark of Balsmore Co. As a result, Balsmore's business falls off. Balsmore may recover damages from Gerdsome without proving Gerdsome intended to cause confusion by the use of that mark.

Accepted Answer

A) True 
 B)False

Question 20

What are the ways that basic trade secrets are misappropriated?

Accepted Answer

A trade secret may be misappropriated by

Exam 39: Protection of Intellectual Property

The union mark attached to many goods in the United States is a collective mark.

Goods bearing a counterfeit mark may be destroyed without compensation to the owner of the goods.

Utility patents require which of the following elements?

Komco Computer Company has developed a new and innovative magazine and television ad campaign that it would like to protect from use by its competitors. Komco may copyright its magazine and television ads.

Injunctive relief is a common remedy under the Lanham Act.

Federal trademark protection:

Congressional legislation implementing the Madrid Protocol:

Electronic surveillance for the purpose of acquiring trade secrets is permissible under the law of unfair competition.

For a mark to be protected under federal law, it must be registered with the Patent and Trademark Office.

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

Regarding trademark protection:

Infringement is the unauthorized use of the intellectual property of another.

Federal protection of a registered trademark is perpetual.

A federally protected trademark cannot be "abandoned" through simple non-use.

Curt has no connection with Harvard University, but he has a new line of computer software that he would like to market to university students and faculty under the name of "Harvard Software." In this case:

The Economic Espionage Act of 1996:

Infringement of a mark occurs when:

The word "truck" cannot be a trademark for trucks, although it could be a trademark for a new brand of designer jeans.

Gerdsome, Inc. uses a trademark that is substantially the same as a mark of Balsmore Co. As a result, Balsmore's business falls off. Balsmore may recover damages from Gerdsome without proving Gerdsome intended to cause confusion by the use of that mark.

What are the ways that basic trade secrets are misappropriated?

Introduction to Law

Business Ethics and the Social Responsibility of Business

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

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

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

the Legal Environment of Business

Contracts

Agency

Sales

Negotiable Instruments

Unincorporated Business Associations

Corporations

Debtor and Creditor Relations

Regulation of Business

Property