Question 1

"Apple" (computers) is a real word applied to a non-related product. It is what kind of mark?

Accepted Answer

A)  suggestive 
B)  arbitrary and fanciful 
C)  generic 
D)  descriptive 
E)  none of the other choices 
A)  suggestive 
B)  arbitrary and fanciful 
C)  generic 
D)  descriptive 
E)  none of the other choices

Question 2

Nike does not sell televisions, but suppose some company began to market televisions called Nike. That would be:

Accepted Answer

A)  cybersquatting 
B)  slander of title 
C)  dilution 
D)  trespass 
E)  none of the other choices; there is no legal problem 
A)  cybersquatting 
B)  slander of title 
C)  dilution 
D)  trespass 
E)  none of the other choices; there is no legal problem

Question 3

In Hicklin Engineering v. R.J. Bartell, where Bartell was accused of stealing trade secrets from his former employer, Hicklin that he now used in competition with Hicklin the appeals court held that the Wisconsin Uniform Trade Secrets Act could apply.

Accepted Answer

A) True 
 B)False

Question 4

____ is property that may be invisible and impossible to hold.

Accepted Answer

A)  intangible property 
B)  good property 
C)  real property 
D)  temporary property 
E)  actual property 
A)  intangible property 
B)  good property 
C)  real property 
D)  temporary property 
E)  actual property

Question 5

If people are told that counterfeit goods are counterfeit then:

Accepted Answer

A)  the counterfeit goods are legal 
B)  the counterfeit goods may be sold as long as they are sold for less than the real thing 
C)  the counterfeit goods are still a violation of the law 
D)  the counterfeit goods may be sold in other countries 
E)  none of the other choices are correct 
A)  the counterfeit goods are legal 
B)  the counterfeit goods may be sold as long as they are sold for less than the real thing 
C)  the counterfeit goods are still a violation of the law 
D)  the counterfeit goods may be sold in other countries 
E)  none of the other choices are correct

Question 6

Trade dress refers to:

Accepted Answer

A)  a company's dress code 
B)  a commercial symbol that concerns the production of a product 
C)  a private symbol that concerns the heritage of a family 
D)  a private symbol that concerns the "look and feel" of a company's reputation 
E)  none of the other choices are correct 
A)  a company's dress code 
B)  a commercial symbol that concerns the production of a product 
C)  a private symbol that concerns the heritage of a family 
D)  a private symbol that concerns the "look and feel" of a company's reputation 
E)  none of the other choices are correct

Question 7

The sale of counterfeit goods is estimated at about $20 billion a year in the U.S.

Accepted Answer

A) True 
 B)False

Question 8

In Audi AG v. D'Amato, where Audi sued D'Amato for trademark violations for selling Audi logo goods on his website audisport.com, the appeals court held that it would consider certain factors about possible infringement; the factors do not include:

Accepted Answer

A)  defendant's intent in selecting the mark 
B)  similarity of the marks 
C)  strength of plaintiff's mark 
D)  evidence of actual confusion by consumers 
E)  all of these are factors considered by the court 
A)  defendant's intent in selecting the mark 
B)  similarity of the marks 
C)  strength of plaintiff's mark 
D)  evidence of actual confusion by consumers 
E)  all of these are factors considered by the court

Question 9

Arbitrary and fanciful, suggestive, descriptive, and generic are classifications of:

Accepted Answer

A)  patents 
B)  torts 
C)  trademarks 
D)  copyrights 
E)  none of the other choices are correct 
A)  patents 
B)  torts 
C)  trademarks 
D)  copyrights 
E)  none of the other choices are correct

Question 10

A grant from the government conveying to and securing for an inventor the exclusive right to make, use, and sell an invention is a:

Accepted Answer

A)  copyright 
B)  patent 
C)  trademark 
D)  trade secret 
E)  none of the other choices 
A)  copyright 
B)  patent 
C)  trademark 
D)  trade secret 
E)  none of the other choices

Question 11

A certification mark can identify location of the origin of a good.

Accepted Answer

A) True 
 B)False

Question 12

Which of the following is true of a trade secret:

Accepted Answer

A)  it is not known by the competition 
B)  the business would lose its advantage if the competition were to obtain it 
C)  the owner has taken reasonable steps to protect the secret from disclosure 
D)  all of the other specific choices are correct 
E)  none of the other specific choices are correct 
A)  it is not known by the competition 
B)  the business would lose its advantage if the competition were to obtain it 
C)  the owner has taken reasonable steps to protect the secret from disclosure 
D)  all of the other specific choices are correct 
E)  none of the other specific choices are correct

Question 13

A ____ is any word, symbol, device, or any combination of these that is used, or intended to be used, in commerce to certify regional or other geographic origin.

Accepted Answer

A)  trade dress 
B)  property mark 
C)  real mark 
D)  trade name 
E)  none of the other choices are correct 
A)  trade dress 
B)  property mark 
C)  real mark 
D)  trade name 
E)  none of the other choices are correct

Question 14

To use a competitor's trademark in an ad that is critical of the product would be infringement, since it would be unauthorized use of the name.

Accepted Answer

A) True 
 B)False

Question 15

Downloading copyrighted photos onto the Internet for use on websites is not a copyright violation so long as copies of the photos are not sold.

Accepted Answer

A) True 
 B)False

Question 16

Originality and novelty are key conditions for an invention:

Accepted Answer

A)  to be copyrighted 
B)  to be sold 
C)  to be trademarked 
D)  to be traded in a free market 
E)  none of the other choices are correct 
A)  to be copyrighted 
B)  to be sold 
C)  to be trademarked 
D)  to be traded in a free market 
E)  none of the other choices are correct

Question 17

Registration of a trademark helps in the process of obtaining protection in other countries.

Accepted Answer

A) True 
 B)False

Question 18

Wrongful use of intellectual property usually results in a tort suit for conversion.

Accepted Answer

A) True 
 B)False

Question 19

An advantage of patent protection is that the invention is kept secret for the life of the patent.

Accepted Answer

A) True 
 B)False

Question 20

A patent is good for:

Accepted Answer

A)  14 years from date granted 
B)  17 years from date granted 
C)  20 years from time of application 
D)  lifetime of the inventor plus 21 years 
E)  100 years 
A)  14 years from date granted 
B)  17 years from date granted 
C)  20 years from time of application 
D)  lifetime of the inventor plus 21 years 
E)  100 years

Exam 9: Intellectual Property

"Apple" (computers) is a real word applied to a non-related product. It is what kind of mark?

Nike does not sell televisions, but suppose some company began to market televisions called Nike. That would be:

In Hicklin Engineering v. R.J. Bartell, where Bartell was accused of stealing trade secrets from his former employer, Hicklin that he now used in competition with Hicklin the appeals court held that the Wisconsin Uniform Trade Secrets Act could apply.

____ is property that may be invisible and impossible to hold.

If people are told that counterfeit goods are counterfeit then:

Trade dress refers to:

The sale of counterfeit goods is estimated at about $20 billion a year in the U.S.

In Audi AG v. D'Amato, where Audi sued D'Amato for trademark violations for selling Audi logo goods on his website audisport.com, the appeals court held that it would consider certain factors about possible infringement; the factors do not include:

Arbitrary and fanciful, suggestive, descriptive, and generic are classifications of:

A grant from the government conveying to and securing for an inventor the exclusive right to make, use, and sell an invention is a:

A certification mark can identify location of the origin of a good.

Which of the following is true of a trade secret:

A ____ is any word, symbol, device, or any combination of these that is used, or intended to be used, in commerce to certify regional or other geographic origin.

To use a competitor's trademark in an ad that is critical of the product would be infringement, since it would be unauthorized use of the name.

Downloading copyrighted photos onto the Internet for use on websites is not a copyright violation so long as copies of the photos are not sold.

Originality and novelty are key conditions for an invention:

Registration of a trademark helps in the process of obtaining protection in other countries.

Wrongful use of intellectual property usually results in a tort suit for conversion.

An advantage of patent protection is that the invention is kept secret for the life of the patent.

A patent is good for:

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