Question 1

An example of a "certification mark" would be:

Accepted Answer

A)  Holiday Inns. 
B)  Xerox. 
C)  Real Cheese. 
D)  Nabisco. 
A)  Holiday Inns. 
B)  Xerox. 
C)  Real Cheese. 
D)  Nabisco. C

Question 2

The Economic Espionage Act of 1996 makes it a federal criminal offense to misappropriate a trade secret that has an interstate or foreign connection.

Accepted Answer

A) True 
 B)False  True

Question 3

In determining whether a mark is distinctive and famous under the Federal Trademark Dilution Act, a court may consider factors such as:

Accepted Answer

A)  the duration and extent of the use. 
B)  the degree of recognition of the mark. 
C)  the degree of inherent or acquired distinctiveness of the mark. 
D)  All of these. 
A)  the duration and extent of the use. 
B)  the degree of recognition of the mark. 
C)  the degree of inherent or acquired distinctiveness of the mark. 
D)  All of these. D

Question 4

In the Ed Nowogroski Insurance, Inc.v.Rucker case, the court found that:

Accepted Answer

A)  all former employees have an obligation to refrain from using the general knowledge, skills, and experience acquired under the former employer. 
B)  customer lists are always protected as trade secrets. 
C)  where a former employee seeks to use trade secrets of the former employer to obtain a competitive advantage, the competitive activity can be enjoined. 
D)  the Uniform Trade Secrets Act distinguishes between written and memorized information in determining whether the information is entitled to trade secret protection. 
A)  all former employees have an obligation to refrain from using the general knowledge, skills, and experience acquired under the former employer. 
B)  customer lists are always protected as trade secrets. 
C)  where a former employee seeks to use trade secrets of the former employer to obtain a competitive advantage, the competitive activity can be enjoined. 
D)  the Uniform Trade Secrets Act distinguishes between written and memorized information in determining whether the information is entitled to trade secret protection.

Question 5

Infringement of a mark is the unauthorized use of an identical or substantially indistinguishable mark that is likely to cause confusion, to cause mistake, or to deceive.

Accepted Answer

A) True 
 B)False

Question 6

A mark distinctive enough to clearly identify the origin of the goods or services can be protected under:

Accepted Answer

A)  the Federal Copyright Act. 
B)  the Lanham Act. 
C)  the Berne Convention. 
D)  compulsory licenses. 
A)  the Federal Copyright Act. 
B)  the Lanham Act. 
C)  the Berne Convention. 
D)  compulsory licenses.

Question 7

Georgia's company may lawfully discover Samantha's company's trade secrets if Samantha's company fails to take reasonable precautions to protect their trade secrets.

Accepted Answer

A) True 
 B)False

Question 8

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

Question 9

Copyright infringement may be unintentional.

Accepted Answer

A) True 
 B)False

Question 10

"Palming off" was one of the earliest forms of unfair competition, but it is not found today.

Accepted Answer

A) True 
 B)False

Question 11

For a trademark registration to remain valid, an Affidavit of Use must be filed (1) between the first and second year following registration and (2) within the year before the end of every ten-year period after the date of registration.

Accepted Answer

A) True 
 B)False

Question 12

Knowing and intentional use of a counterfeit mark can be a criminal offense.

Accepted Answer

A) True 
 B)False

Question 13

Regarding trademark protection:

Accepted Answer

A)  federal registration is required to establish rights in a mark. 
B)  an owner may abandon the mark through non-use and lose protection. 
C)  the owner will be presumed to have abandoned the mark after two years of non-use. 
D)  All of these. 
A)  federal registration is required to establish rights in a mark. 
B)  an owner may abandon the mark through non-use and lose protection. 
C)  the owner will be presumed to have abandoned the mark after two years of non-use. 
D)  All of these.

Question 14

A person may misappropriate a trade secret by unintentionally discovering it.

Accepted Answer

A) True 
 B)False

Question 15

The Economic Espionage Act of 1996 defines theft of trade secrets to include:

Accepted Answer

A)  stealing, obtaining by fraud, or concealing such information. 
B)  without authorization copying or mailing such information. 
C)  purchasing or possessing a trade secret with knowledge that it has been stolen. 
D)  All of these. 
A)  stealing, obtaining by fraud, or concealing such information. 
B)  without authorization copying or mailing such information. 
C)  purchasing or possessing a trade secret with knowledge that it has been stolen. 
D)  All of these.

Question 16

A patent last for life, while a copyright ends after 50 years.

Accepted Answer

A) True 
 B)False

Question 17

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 18

Federal trademark protection may be obtained for the symbol of the U.S.flag.

Accepted Answer

A) True 
 B)False

Question 19

Federal registration of a mark under the Lanham Act:

Accepted Answer

A)  permits the registrant to use the federal courts to enforce the mark. 
B)  is required to establish rights in the mark. 
C)  makes the registrant's exclusive right to use the mark incontestable after three years. 
D)  All of these. 
A)  permits the registrant to use the federal courts to enforce the mark. 
B)  is required to establish rights in the mark. 
C)  makes the registrant's exclusive right to use the mark incontestable after three years. 
D)  All of these.

Question 20

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

Accepted Answer

A) True 
 B)False

Exam 40: Intellectual Property

An example of a "certification mark" would be:

The Economic Espionage Act of 1996 makes it a federal criminal offense to misappropriate a trade secret that has an interstate or foreign connection.

In determining whether a mark is distinctive and famous under the Federal Trademark Dilution Act, a court may consider factors such as:

In the Ed Nowogroski Insurance, Inc.v.Rucker case, the court found that:

Infringement of a mark is the unauthorized use of an identical or substantially indistinguishable mark that is likely to cause confusion, to cause mistake, or to deceive.

A mark distinctive enough to clearly identify the origin of the goods or services can be protected under:

Georgia's company may lawfully discover Samantha's company's trade secrets if Samantha's company fails to take reasonable precautions to protect their trade secrets.

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

Copyright infringement may be unintentional.

"Palming off" was one of the earliest forms of unfair competition, but it is not found today.

For a trademark registration to remain valid, an Affidavit of Use must be filed (1) between the first and second year following registration and (2) within the year before the end of every ten-year period after the date of registration.

Knowing and intentional use of a counterfeit mark can be a criminal offense.

Regarding trademark protection:

A person may misappropriate a trade secret by unintentionally discovering it.

The Economic Espionage Act of 1996 defines theft of trade secrets to include:

A patent last for life, while a copyright ends after 50 years.

Intellectual property consists of which of the following?

Federal trademark protection may be obtained for the symbol of the U.S.flag.

Federal registration of a mark under the Lanham Act:

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

Introduction to Law

Business Ethicspart Ii: the Legal Environment of Business

Civil Dispute Resolution

Constitutional Law

Administrative Law

Criminal Law

Negligence and Strict Liabilitypart Iii: Contracts

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 Remediespart Iv: Sales

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Product Liability: Warranties and Strict Liability

Sales Remediespart V: Negotiable Instruments

Form and Content

Transfer and Holder in Due Course

Liability of Parties

Bank Deposits, Collections, and Funds Transferspart Vi: Agency

Relationship of Principal and Agent

Relationship With Third Partiespart Vii: Business Associations

Formation and Internal Relations of General Partnerships

Operation and Dissolution of General Partnerships

Limited Partnerships and Limited Liability Companies

Nature and Formation of Corporations

Financial Structure of Corporations

Management Structure of Corporations

Fundamental Changes of Corporationspart Viii: Debtor and Creditor Relations

Secured Transactions and Suretyship

Bankruptcypart Ix: Regulation of Business

Securities Regulation

Employment Law

Antitrust

Accountants Legal Liability

Consumer Protection

International Business Lawpart X: Property

Introduction to Property, Property Insurance, Bailments, and Documents of Title

Interests in Real Property

Transfer and Control of Real Property

Trusts and Wills

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