Question 1

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 2

Kartov Corporation is in the business of developing 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 Kartov's competitors, which has begun to market similar products that seem to have been produced using the secret processes developed and used by Kartov. What, if any, recourse does Kartov have under the circumstances?

Accepted Answer

Martin seems to have misappropriated tra

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

Question 4

A collective mark is used in connection with goods or services to certify their regional origin.

Accepted Answer

A) True 
 B)False

Question 5

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 6

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 7

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

Accepted Answer

A) True 
 B)False

Question 8

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

Accepted Answer

A) True 
 B)False

Question 9

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 10

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 11

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 12

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 13

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 14

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

Accepted Answer

A) True 
 B)False

Question 15

Injunctive relief is a common remedy under the Lanham Act.

Accepted Answer

A) True 
 B)False

Question 16

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

Accepted Answer

A) True 
 B)False

Question 17

Trade symbols would include which of the following?

Accepted Answer

A)  Service mark. 
B)  Certification mark. 
C)  Collective mark. 
D)  All of these. 
A)  Service mark. 
B)  Certification mark. 
C)  Collective mark. 
D)  All of these.

Question 18

Discuss the concept of fair use in relation to copyright law.

Accepted Answer

The Copyright Act gives the copyright ow

Exam 40: Intellectual Property

Federal trademark protection:

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

A collective mark is used in connection with goods or services to certify their regional origin.

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

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

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

Plant patents require which of the following elements?

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

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

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.

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.

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

Injunctive relief is a common remedy under the Lanham Act.

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

Trade symbols would include which of the following?

Discuss the concept of fair use in relation to copyright law.

Introduction to Law

Business Ethics

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

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Product Liability: Warranties and Strict Liability

Sales Remedies

Form and Content

Transfer and Holder in Due Course

Liability of Parties

Bank Deposits, Collections, and Funds Transfers

Relationship of Principal and Agent

Relationship With Third Parties

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 Corporations

Secured Transactions and Suretyship

Bankruptcy

Securities Regulation

Employment Law

Antitrust

Accountants Legal Liability

Consumer Protection

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 Wills

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