Question 1

Federal protection of a registered trademark is perpetual.

Accepted Answer

A) True 
 B)False  False

Question 2

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

Accepted Answer

A) True 
 B)False  False

Question 3

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. A

Question 4

Proof of copyright infringement must demonstrate that the allegedly infringing work is identical to the copyrighted work.

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

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 7

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 8

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 9

Incellmed Corporation is in the business of developing genetically engineered pharmaceutical products.It uses a number of highly technical secret processes in its business.Martin worked for the company for five years and then left after an argument with one of the vice presidents of the company.He then went to work for one of Incellmed's competitors, which has begun to market similar products that seem to have been produced using the secret processes developed and used by Incellmed.What, if any, recourse does Incellmed have under the circumstances?

Accepted Answer

Martin seems to have misappropriated tra

Question 10

Someone who is convicted of theft of trade secrets or of the attempt to steal trade secrets may face fines and imprisonment for up to 10 years, or both.

Accepted Answer

A) True 
 B)False

Question 11

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

Accepted Answer

A) True 
 B)False

Question 12

The characters and the names of a television show may be registered as collective marks.

Accepted Answer

A) True 
 B)False

Question 13

Intellectual property consists of which of the following?

Accepted Answer

A) Trade secrets 
B) Patents 
C) Trade symbols 
D) All of these are considered intellectual property. 
A) Trade secrets 
B) Patents 
C) Trade symbols 
D) All of these are considered intellectual property.

Question 14

Incellmed Corporation has developed a new process that it plans to use in genetically engineering microorganisms for its pharmaceutical business.To protect the process, Incellmed may:

Accepted Answer

A) only copyright the process. 
B) only patent the process. 
C) only protect the process as a trade secret without registration. 
D) Either patent the process or protect the process as a trade secret, depending on the other facts of the situation. 
A) only copyright the process. 
B) only patent the process. 
C) only protect the process as a trade secret without registration. 
D) Either patent the process or protect the process as a trade secret, depending on the other facts of the situation.

Question 15

An employee may quit the Tel Ko Company and then use information he learned at Tel Ko in competition with Tel
Ko, unless there was some unfair competition or a trade secret involved.

Accepted Answer

A) True 
 B)False

Question 16

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 17

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

Question 18

A trade secret is commercially valuable information that is guarded from disclosure and is not general knowledge.

Accepted Answer

A) True 
 B)False

Question 19

A patent lasts for the same period of time as a copyright.

Accepted Answer

A) True 
 B)False

Question 20

Which of the following remedies is NOT available for patent infringement?

Accepted Answer

A) Attorney fees in some but not all cases 
B) An accounting for profits 
C) Treble damages when appropriate 
D) Injunctive relief 
A) Attorney fees in some but not all cases 
B) An accounting for profits 
C) Treble damages when appropriate 
D) Injunctive relief

Exam 39: Protection of Intellectual Property

Federal protection of a registered trademark is perpetual.

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

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

Proof of copyright infringement must demonstrate that the allegedly infringing work is identical to the copyrighted work.

Injunctive relief is a common remedy under the Lanham Act.

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

The Economic Espionage Act of 1996:

Federal trademark protection:

Someone who is convicted of theft of trade secrets or of the attempt to steal trade secrets may face fines and imprisonment for up to 10 years, or both.

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

The characters and the names of a television show may be registered as collective marks.

Intellectual property consists of which of the following?

Incellmed Corporation has developed a new process that it plans to use in genetically engineering microorganisms for its pharmaceutical business.To protect the process, Incellmed may:

An employee may quit the Tel Ko Company and then use information he learned at Tel Ko in competition with Tel Ko, unless there was some unfair competition or a trade secret involved.

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.

Utility patents require which of the following elements?

A trade secret is commercially valuable information that is guarded from disclosure and is not general knowledge.

A patent lasts for the same period of time as a copyright.

Which of the following remedies is NOT available for patent infringement?

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

51: The Legal Environment Of Business

52: Contracts.

53: Agency.

54: Sales

55: Negotiable Instruments

56: Unincorporated Business Association

57: Corporations

58: Debtor and Creditor Relation

59: Regulation of Business

60: Property.

Filters