Question 1

Once a trademark has been registered, the registration must be renewed between ________.

Accepted Answer

A)  the first and second year 
B)  the third and fourth year 
C)  the fifth and sixth year 
D)  the eighth and ninth year 
E)  trademarks must be renewed every five years 
A)  the first and second year 
B)  the third and fourth year 
C)  the fifth and sixth year 
D)  the eighth and ninth year 
E)  trademarks must be renewed every five years

Question 2

A registrant may lose registration of a domain name for Internet usage by not using it for more than ________ days.

Accepted Answer

A)  30 
B)  60 
C)  90 
D)  120 
E)  180 
A)  30 
B)  60 
C)  90 
D)  120 
E)  180

Question 3

In states that have patent local rules, which of the following procedures is different in patent litigation than in other litigation?

Accepted Answer

A)  A complaint is filed. 
B)  Discovery is conducted. 
C)  Terms are defined. 
D)  An answer is filed. 
E)  Patent litigation procedures are the same as any other litigation. 
A)  A complaint is filed. 
B)  Discovery is conducted. 
C)  Terms are defined. 
D)  An answer is filed. 
E)  Patent litigation procedures are the same as any other litigation.

Question 4

In what five key ways did the America Invents Act, passed in 2011, change the U.S. patent system?

Accepted Answer

First, the first person to file a patent

Question 5

The address of a network website ends with ________.

Accepted Answer

A)  .gov 
B)  .edu 
C)  .net 
D)  .org 
E)  .com 
A)  .gov 
B)  .edu 
C)  .net 
D)  .org 
E)  .com

Question 6

Natalia owns Balloon Heaven, a popular restaurant in which patrons sit in faux hot air balloons and the walls and ceiling are painted like the sky. Natalia registered her mark, which consists of the restaurant name in the basket of a rainbow-colored hot air balloon. After Natalia's success, Benji opened a restaurant called Heavenly Balloons on the other side of town. The décor of Heavenly Balloons is similarly crafted to give the patron the impression of eating in the basket of a hot air balloon, with similar tables and paintings. Benji's logo, which appeared on billboards and local advertisements, depicts a rainbow-colored hot air balloon with the restaurant's name in the balloon. Several customers have congratulated Natalia on opening a second restaurant and on the billboards appearing around town.
-Which of the following is true about the requirements for trademark dilution and trademark infringement?

Accepted Answer

A)  Both require the mark be famous. 
B)  Only dilution requires the mark be famous; only infringement requires a showing of consumer confusion. 
C)  Only infringement requires the mark be famous; only dilution requires a showing of consumer confusion 
D)  Both require a showing of consumer confusion. 
E)  Both require the mark be famous and a showing of consumer confusion. 
A)  Both require the mark be famous. 
B)  Only dilution requires the mark be famous; only infringement requires a showing of consumer confusion. 
C)  Only infringement requires the mark be famous; only dilution requires a showing of consumer confusion 
D)  Both require a showing of consumer confusion. 
E)  Both require the mark be famous and a showing of consumer confusion.

Question 7

Trademark dilution laws prohibit the use of "distinctive" or "famous" marks even without showing customer confusion.

Accepted Answer

A) True 
 B)False

Question 8

A trademark does not encompass ideas such as storefront design and shelves in a store.

Accepted Answer

A) True 
 B)False

Question 9

Tomas took a number of wedding photos at Maura's wedding. He was paid as the photographer. On all of the photographs, he appropriately noted in the bottom right-hand corner information showing that he was claiming copyright protection. Maura came to see Tomas three years after the initial photographs were taken and requested that he grant her permission to run off as many copies as she wanted at the local photo shop from the pictures that she initially purchased. The photo shop had refused to reproduce the photographs without his permission. When he refused to give her permission to do so, Maura started a heated argument. She told Tomas that photographs are not entitled to copyright protection. She also told him that even if he was correct that there was some copyright protection, it only lasted for two years and that, in any event, damages for copyright infringement are unavailable.
-Regarding Maura's claim pertaining to damages, which statement is accurate?

Accepted Answer

A)  Damages are available, but a copyrighted work must be registered in order for the creator to recover damages from infringement. 
B)  It is not necessary that a copyrighted work be registered in order for the creator to obtain damages. 
C)  It is necessary for a photograph to be registered before the creator may obtain damages, but that is not true for other materials subject to copyright. 
D)  Some material that is subject to copyright must be registered before its creator may recover damages for infringement, but that is not true for photographs. 
E)  She is correct that damages are unavailable in copyright infringement actions. 
A)  Damages are available, but a copyrighted work must be registered in order for the creator to recover damages from infringement. 
B)  It is not necessary that a copyrighted work be registered in order for the creator to obtain damages. 
C)  It is necessary for a photograph to be registered before the creator may obtain damages, but that is not true for other materials subject to copyright. 
D)  Some material that is subject to copyright must be registered before its creator may recover damages for infringement, but that is not true for photographs. 
E)  She is correct that damages are unavailable in copyright infringement actions.

Question 10

The address of a business website ends with ________.

Accepted Answer

A)  .gov 
B)  .edu 
C)  .net 
D)  .org 
E)  .com 
A)  .gov 
B)  .edu 
C)  .net 
D)  .org 
E)  .com

Exam 12: Intellectual Property

Once a trademark has been registered, the registration must be renewed between ________.

A registrant may lose registration of a domain name for Internet usage by not using it for more than ________ days.

In states that have patent local rules, which of the following procedures is different in patent litigation than in other litigation?

In what five key ways did the America Invents Act, passed in 2011, change the U.S. patent system?

The address of a network website ends with ________.

Trademark dilution laws prohibit the use of "distinctive" or "famous" marks even without showing customer confusion.

A trademark does not encompass ideas such as storefront design and shelves in a store.

The address of a business website ends with ________.

An Introduction to Dynamic Business Law

Business Ethics

The Us Legal System

Alternative Dispute Resolution

Constitutional Principles

International and Comparative Law

Crime and the Business Community

Tort Law

Negligence and Strict Liability

Product Liability

Liability of Accountants and Other Professionals

Introduction to Contracts

Agreement

Consideration

Capacity and Legality

Legal Assent

Contracts in Writing

Third-Party Rights to Contracts

Discharge and Remedies

Introduction to Sales and Lease Contracts

Title, Risk of Loss, and Insurable Interest

Performance and Obligations Under Sales and Leases

Remedies for Breach of Sales and Lease Contracts

Warranties

Negotiable Instruments: Negotiability and Transferability

Negotiation, Holder in Due Course, and Defenses

Liability, Defenses, and Discharge

Checks and Electronic Fund Transfers

Secured Transactions

Other Creditors Remedies and Suretyship

Bankruptcy and Reorganization

Agency Formation and Duties

Liability to Third Parties and Termination

Forms of Business Organization

Partnerships: Nature, Formation, and Operation

Partnerships: Termination and Limited Partnerships

Corporations: Formation and Financing

Corporations: Directors, Officers, and Shareholders

Corporations: Mergers, Consolidations, Terminations

Corporations: Securities and Investor Protection

Employment and Labor Law

Employment Discrimination

Administrative Law

Consumer Law

Environmental Law

Antitrust Law

The Nature of Property, Personal Property, and Bailments

Real Property

Landlord-Tenant Law

Insurance Law

Wills and Trusts

Filters