Question 1

Infringement of a mark occurs when:

Accepted Answer

A)  a person intends to confuse purchasers. 
B)  it is proved that purchasers were actually confused by use of an identical or substantially indistinguishable mark. 
C)  and only when, the mark is identical to another mark. 
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. 
B)  it is proved that purchasers were actually confused by use of an identical or substantially indistinguishable mark. 
C)  and only when, the mark is identical to another mark. 
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 2

The remedies for infringement under the Patent Act are:

Accepted Answer

A)  treble damages, when appropriate. 
B)  fines, in cases of knowing infringement. 
C)  imprisonment, in cases of knowing infringement. 
D)  All of these. 
A)  treble damages, when appropriate. 
B)  fines, in cases of knowing infringement. 
C)  imprisonment, in cases of knowing infringement. 
D)  All of these.

Question 3

An artist would like to protect one of her original oil paintings from being sold as original prints.She may protect her painting by applying for a:

Accepted Answer

A)  copyright. 
B)  patent. 
C)  trademark registration. 
D)  service mark registration. 
A)  copyright. 
B)  patent. 
C)  trademark registration. 
D)  service mark registration.

Question 4

The "Good Housekeeping Seal of Approval" is an example of a service mark.

Accepted Answer

A) True 
 B)False

Question 5

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 6

A patent may be renewed.

Accepted Answer

A) True 
 B)False

Question 7

Examples of service marks include:

Accepted Answer

A)  Howard Johnson's orange roof. 
B)  trade dress. 
C)  nonfunctional design of labels. 
D)  All of these. 
A)  Howard Johnson's orange roof. 
B)  trade dress. 
C)  nonfunctional design of labels. 
D)  All of these.

Question 8

While employed, an employee who has no restrictive employment contract with his employer may divulge secrets to a competitor.

Accepted Answer

A) True 
 B)False

Question 9

An employee may quit and then use information he learned at the company to compete with the company, unless there was some unfair competition or trade secret involved.

Accepted Answer

A) True 
 B)False

Question 10

The Digital Millennium Copyright Act of 1998 amended the Copyright Act to create limitations on the liability of online providers for copyright infringement when they are engaging in certain activities.

Accepted Answer

A) True 
 B)False

Question 11

The effect of a "secondary meaning" is that it may make a mark distinctive enough to allow it to be protected by the Lanham Act.

Accepted Answer

A) True 
 B)False

Question 12

The duration of a copyright is the same whether the copyright is owned by the author or if it is a work for hire.

Accepted Answer

A) True 
 B)False

Question 13

A copyright would protect a photograph.

Accepted Answer

A) True 
 B)False

Question 14

Under the Leahy-Smith America Invents Act signed into law in 2011:

Accepted Answer

A)  a patent will be awarded to the first inventor to file an application for the invention. 
B)  a patent will be awarded to the first person to create an invention. 
C)  patents granted after January 2012 may be renewed for one additional term. 
D)  the patent application process will be more complicated, but it will harmonize the U.S. system with systems commonly used in other countries with which the U.S. trades. 
A)  a patent will be awarded to the first inventor to file an application for the invention. 
B)  a patent will be awarded to the first person to create an invention. 
C)  patents granted after January 2012 may be renewed for one additional term. 
D)  the patent application process will be more complicated, but it will harmonize the U.S. system with systems commonly used in other countries with which the U.S. trades.

Question 15

The Economic Espionage Act of 1996 prohibits the theft of trade secrets and provides criminal penalties for violations.

Accepted Answer

A) True 
 B)False

Question 16

Integrative Technologies Company may copyright a new and innovative magazine and television ad campaign that it would like to protect from use by its competitors.

Accepted Answer

A) True 
 B)False

Question 17

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

Accepted Answer

A)  Charitable use. 
B)  Compulsory licenses. 
C)  Palming off. 
D)  All of these. 
A)  Charitable use. 
B)  Compulsory licenses. 
C)  Palming off. 
D)  All of these.

Question 18

The Defend Trade Secrets Act (DTSA)  amends the Economic Espionage Act to allow the owner of a trade secret that is misappropriated to bring a civil action in federal court if the trade secret is related to a product or service used in, or intended for use in, interstate or foreign commerce.

Accepted Answer

A) True 
 B)False

Question 19

Jonah, a businessman, 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)  Jonah may in all likelihood register the name "Harvard Software" under the Lanham Act. 
B)  Jonah may in all likelihood be able to copyright the name "Harvard Software" under the Copyright Act. 
C)  it is unlikely that Jonah will be able to register the name "Harvard Software," because it falsely suggests a connection to an institution. 
D)  it is unlikely that Jonah will be able to register the name "Harvard Software," because it has no secondary meaning. 
A)  Jonah may in all likelihood register the name "Harvard Software" under the Lanham Act. 
B)  Jonah may in all likelihood be able to copyright the name "Harvard Software" under the Copyright Act. 
C)  it is unlikely that Jonah will be able to register the name "Harvard Software," because it falsely suggests a connection to an institution. 
D)  it is unlikely that Jonah will be able to register the name "Harvard Software," because it has no secondary meaning.

Question 20

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

Accepted Answer

A) True 
 B)False

Exam 40: Intellectual Property

Infringement of a mark occurs when:

The remedies for infringement under the Patent Act are:

An artist would like to protect one of her original oil paintings from being sold as original prints.She may protect her painting by applying for a:

The "Good Housekeeping Seal of Approval" is an example of a service mark.

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

A patent may be renewed.

Examples of service marks include:

While employed, an employee who has no restrictive employment contract with his employer may divulge secrets to a competitor.

An employee may quit and then use information he learned at the company to compete with the company, unless there was some unfair competition or trade secret involved.

The Digital Millennium Copyright Act of 1998 amended the Copyright Act to create limitations on the liability of online providers for copyright infringement when they are engaging in certain activities.

The effect of a "secondary meaning" is that it may make a mark distinctive enough to allow it to be protected by the Lanham Act.

The duration of a copyright is the same whether the copyright is owned by the author or if it is a work for hire.

A copyright would protect a photograph.

Under the Leahy-Smith America Invents Act signed into law in 2011:

The Economic Espionage Act of 1996 prohibits the theft of trade secrets and provides criminal penalties for violations.

Integrative Technologies Company may copyright a new and innovative magazine and television ad campaign that it would like to protect from use by its competitors.

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

The Defend Trade Secrets Act (DTSA) amends the Economic Espionage Act to allow the owner of a trade secret that is misappropriated to bring a civil action in federal court if the trade secret is related to a product or service used in, or intended for use in, interstate or foreign commerce.

Jonah, a businessman, 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:

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

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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