Question 1

Which of the following is true under the Anti-counterfeiting Amendments Act of 2004?

Accepted Answer

A)  A court may increase a damage award by three times the amount that would otherwise be awarded if a copyright violation occurs within three years of a judgment for a previous violation. 
B)  Counterfeit trademarks are redefined. 
C)  Copyright protection was extended for ten years to safeguard mask works embodied in a semiconductor chip product. 
D)  It amended the Lanham Act to extend protection to the owner of a trademark or service mark from any person who, with a bad faith intent to profit from the mark, registers, traffics in, or uses a domain name which is identical to or confusingly similar to a distinctive mark. 
A)  A court may increase a damage award by three times the amount that would otherwise be awarded if a copyright violation occurs within three years of a judgment for a previous violation. 
B)  Counterfeit trademarks are redefined. 
C)  Copyright protection was extended for ten years to safeguard mask works embodied in a semiconductor chip product. 
D)  It amended the Lanham Act to extend protection to the owner of a trademark or service mark from any person who, with a bad faith intent to profit from the mark, registers, traffics in, or uses a domain name which is identical to or confusingly similar to a distinctive mark.

Question 2

The author of a creative work does not own the entire copyright.

Accepted Answer

A) True 
 B)False

Question 3

Identify the following trade symbols according to their type.
a.The Underwriter's Laboratory Mark.
b.The apple used by Apple Computers.
c.The "GM" symbol that appears on General Motors' automobiles.
d.The "A" symbol used by American Airlines.
e.The Muppets characters Miss Piggy and Kermit the Frog.
f.The union-made symbol.

Accepted Answer

a.Certification mark.
b.Tradem

Question 4

A person is a direct infringer if he knowingly sells or supplies a part or component of a patented invention.

Accepted Answer

A) True 
 B)False

Question 5

Under copyright law, the doctrine of works for hire states that:

Accepted Answer

A)  if an employee prepares a work within the scope of her employment, her employer is considered the author of the work. 
B)  if an employee prepares a work within the scope of her work, the employee is considered the author of the work for copyright purposes. 
C)  if the work is specially ordered or commissioned, it is always considered, for copyright purposes, the work of the employer. 
D)  a person's original creations, if committed to tangible form, are always considered to be authored by the actual creator in the law of copyright. 
A)  if an employee prepares a work within the scope of her employment, her employer is considered the author of the work. 
B)  if an employee prepares a work within the scope of her work, the employee is considered the author of the work for copyright purposes. 
C)  if the work is specially ordered or commissioned, it is always considered, for copyright purposes, the work of the employer. 
D)  a person's original creations, if committed to tangible form, are always considered to be authored by the actual creator in the law of copyright.

Question 6

One way of keeping a trade secret is to obtain a patent on it.

Accepted Answer

A) True 
 B)False

Question 7

Curtis, without authorization and after many unsuccessful attempts to access the information, downloads a formula used by his employer to make an award-winning product.He plans to sell the formula to a competitor and make enough money to retire.Instead, he may face:

Accepted Answer

A)  a fine of up to $500,000 or imprisonment for up to ten years. 
B)  a fine of up to $1 million or imprisonment for up to twenty years . 
C)  a fine in the amount determined to be the employer's potential loss. 
D)  imprisonment for up to fifty years. 
A)  a fine of up to $500,000 or imprisonment for up to ten years. 
B)  a fine of up to $1 million or imprisonment for up to twenty years . 
C)  a fine in the amount determined to be the employer's potential loss. 
D)  imprisonment for up to fifty years.

Question 8

Injunctive relief is a common remedy under the Lanham Act.

Accepted Answer

A) True 
 B)False

Question 9

The NET Act was enacted to:

Accepted Answer

A)  require publication of certain utility and plant patent applications 18 months after filing even if the patent has not yet been granted. 
B)  protect the owner of a trademark or service mark from any person who, with a bad faith intent to profit from the mark, uses a domain name which is a protected trademark or word. 
C)  extend U.S. copyright protection to works required to be protected under the World Intellectual Property Organization Copyright Treaty and the WIPO Performances and Phonograms Treaty. 
D)  to close a loophole in the Copyright Act which permitted infringers to pirate copyrighted works willfully and knowingly as long as they did not do so for profit. 
A)  require publication of certain utility and plant patent applications 18 months after filing even if the patent has not yet been granted. 
B)  protect the owner of a trademark or service mark from any person who, with a bad faith intent to profit from the mark, uses a domain name which is a protected trademark or word. 
C)  extend U.S. copyright protection to works required to be protected under the World Intellectual Property Organization Copyright Treaty and the WIPO Performances and Phonograms Treaty. 
D)  to close a loophole in the Copyright Act which permitted infringers to pirate copyrighted works willfully and knowingly as long as they did not do so for profit.

Question 10

A corporation in the business of developing genetically engineered pharmaceutical products has developed a new genetically engineered microorganism that it would like to protect.The corporation may patent the microorganism.

Accepted Answer

A) True 
 B)False

Question 11

The owner of a collective mark is the producer of the goods it seeks to mark.

Accepted Answer

A) True 
 B)False

Question 12

Plant patents require which of the following elements?

Accepted Answer

A)  Distinctiveness. 
B)  Novelty. . 
C)  Nonobviousness. 
D)  All of these. 
A)  Distinctiveness. 
B)  Novelty. . 
C)  Nonobviousness. 
D)  All of these.

Question 13

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

Accepted Answer

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

Question 14

Under the patent exhaustion doctrine, when a patent owner sells one of its products, she can no longer control that item through the patent laws and the purchaser and all subsequent owners are free to use or resell the product just like any other item of personal property.

Accepted Answer

A) True 
 B)False

Question 15

If a copyright is willfully infringed, the owner may ask for and receive which of the following remedies?

Accepted Answer

A)  Rescission and restitution. 
B)  Punitive damages. 
C)  Injunction. 
D)  All of these. 
A)  Rescission and restitution. 
B)  Punitive damages. 
C)  Injunction. 
D)  All of these.

Question 16

Wanda has an idea for a novel, but she won't have time to write it until next year.She may protect it by means of:

Accepted Answer

A)  a patent. 
B)  a copyright. 
C)  registration of the idea. 
D)  An idea that has not yet been developed into a tangible form cannot be protected. 
A)  a patent. 
B)  a copyright. 
C)  registration of the idea. 
D)  An idea that has not yet been developed into a tangible form cannot be protected.

Question 17

A professor photocopies fifty copies of a copyrighted chart to distribute to his students in class.This is a clear violation of the Copyright Act.

Accepted Answer

A) True 
 B)False

Question 18

Edwina wrote an original novel entitled "Good Thunder on the Prairie" and registered a copyright on her work.A producer read the book and thought it would make an excellent made-for-television movie, so without consulting Edwina, he developed a script based upon the novel and produced it as "Thunder Storm on the Prairie." What, if any, recourse does Edwina have under the circumstances?

Accepted Answer

Copyright protection extends to an origi

Question 19

Federal trademark protection:

Accepted Answer

A)  lasts for ten years after registration. 
B)  can be renewed an unlimited number of times. 
C)  can be abandoned by non-use. 
D)  All of these. 
A)  lasts for ten years after registration. 
B)  can be renewed an unlimited number of times. 
C)  can be abandoned by non-use. 
D)  All of these.

Question 20

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

Exam 40: Intellectual Property

Which of the following is true under the Anti-counterfeiting Amendments Act of 2004?

The author of a creative work does not own the entire copyright.

A person is a direct infringer if he knowingly sells or supplies a part or component of a patented invention.

Under copyright law, the doctrine of works for hire states that:

One way of keeping a trade secret is to obtain a patent on it.

Curtis, without authorization and after many unsuccessful attempts to access the information, downloads a formula used by his employer to make an award-winning product.He plans to sell the formula to a competitor and make enough money to retire.Instead, he may face:

Injunctive relief is a common remedy under the Lanham Act.

The NET Act was enacted to:

A corporation in the business of developing genetically engineered pharmaceutical products has developed a new genetically engineered microorganism that it would like to protect.The corporation may patent the microorganism.

The owner of a collective mark is the producer of the goods it seeks to mark.

Plant patents require which of the following elements?

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

Under the patent exhaustion doctrine, when a patent owner sells one of its products, she can no longer control that item through the patent laws and the purchaser and all subsequent owners are free to use or resell the product just like any other item of personal property.

If a copyright is willfully infringed, the owner may ask for and receive which of the following remedies?

Wanda has an idea for a novel, but she won't have time to write it until next year.She may protect it by means of:

A professor photocopies fifty copies of a copyrighted chart to distribute to his students in class.This is a clear violation of the Copyright Act.

Federal trademark protection:

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

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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