Question 1

Discuss distinctiveness as a function of a trademark.

Accepted Answer

Recognizability or distinctiveness is the function of trademarks.In a world cluttered with stimulation,information,and advertising,trademarks pierce through the clutter and let people know that the goods or services represented are "the real thing"-that they come from one source.They are an information property,exclusively distinguishing the reputation and goodwill of a particular business from that of all other businesses.Trademarks protect both businesses and consumers from confusion regarding who makes or provides what.

Question 2

Intellectual property systems presume that the long-term benefits of increased information and investment are greater than the short-term costs.

Accepted Answer

A) True 
 B)False  True

Question 3

A ______ is any form of knowledge or information that has economic value from not being generally known to others or readily ascertainable by proper means and has been the subject of reasonable efforts by the owner to maintain secrecy.

Accepted Answer

A)  copyright 
B)  trademark 
C)  patent 
D)  company policy 
E)  trade secret 
A)  copyright 
B)  trademark 
C)  patent 
D)  company policy 
E)  trade secret E

Question 4

How does the law deal with cases where people attempt to register domain names containing well-known trademarks that do not belong to them?

Accepted Answer

The law states that using well-known tra

Question 5

Employers can only enforce a covenant not to compete if they have a valid business purpose for doing so.

Accepted Answer

A) True 
 B)False

Question 6

Under patent law,even if an invention is otherwise new,it fails the novelty test if it has been described in a publication,sold,or put to public use more than one year before a patent application on it is filed (the one-year grace period).

Accepted Answer

A) True 
 B)False

Question 7

Copyright laws protect inventors rather than authors.

Accepted Answer

A) True 
 B)False

Question 8

To qualify as a trade secret,any form of knowledge protected must have economic value.

Accepted Answer

A) True 
 B)False

Question 9

Misappropriation of a trade secret occurs when ______.

Accepted Answer

A)  a person is able to recreate the same information that the other considers to be a trade secret 
B)  a person recreates a product after looking at it and figuring out how it works or how it is formulated 
C)  a person uses another's trade secret and confidential information with authorization 
D)  a person improperly acquires secret information through burglary, espionage, or computer hacking 
E)  a person uses his or her own knowledge and understanding to recreate what is another's trade secret 
A)  a person is able to recreate the same information that the other considers to be a trade secret 
B)  a person recreates a product after looking at it and figuring out how it works or how it is formulated 
C)  a person uses another's trade secret and confidential information with authorization 
D)  a person improperly acquires secret information through burglary, espionage, or computer hacking 
E)  a person uses his or her own knowledge and understanding to recreate what is another's trade secret

Question 10

If,through your own effort,you are able to recreate the same information that another considers to be a trade secret,a misappropriation has occurred.

Accepted Answer

A) True 
 B)False

Question 11

What does it mean for a trademark to become generic? Give some examples of trademarks that have become generic.

Accepted Answer

Trademark owners must be vigilant in pro

Question 12

Once information is in the public domain,an intellectual property right can be applied to recapture it.

Accepted Answer

A) True 
 B)False

Question 13

In the context of utility patents,which of the following terms refers to the details about the subject matter that an inventor regards as the invention?

Accepted Answer

A)  claims 
B)  novation 
C)  preemption 
D)  distinctiveness 
E)  collective marks 
A)  claims 
B)  novation 
C)  preemption 
D)  distinctiveness 
E)  collective marks

Question 14

Discuss the laws governing file-sharing of copyrighted materials.

Accepted Answer

Under copyright law,it is illegal not on

Question 15

The Patent Cooperation Treaty (PCT)allows applicants to obtain a preliminary international examination and then pursue final rights in multiple countries at the same time.

Accepted Answer

A) True 
 B)False

Question 16

When you purchase an item from Globus Corp.,they place the item in a paper bag with handles and vertical yellow,blue,and white stripes.Even without seeing the words "Globus Corp." on the bag,many people recognize that the purchase is from Globus.The bag's coloring and design is considered its ______.

Accepted Answer

A)  trade dress 
B)  certification mark 
C)  collective mark 
D)  service mark 
E)  trademark 
A)  trade dress 
B)  certification mark 
C)  collective mark 
D)  service mark 
E)  trademark

Question 17

What is a trade dress?

Accepted Answer

Trade dress is similar to trademarks and

Question 18

How is the registration of descriptive terms or a person's name done?

Accepted Answer

The attempt to register certain descript

Question 19

Copyright deals with original invention,like patents.

Accepted Answer

A) True 
 B)False

Question 20

Which of the following is a function of a trademark?

Accepted Answer

A)  obviousness 
B)  utility 
C)  distinctiveness 
D)  certification 
E)  guarantee 
A)  obviousness 
B)  utility 
C)  distinctiveness 
D)  certification 
E)  guarantee

Exam 11: Intellectual Property

Discuss distinctiveness as a function of a trademark.

Intellectual property systems presume that the long-term benefits of increased information and investment are greater than the short-term costs.

A ______ is any form of knowledge or information that has economic value from not being generally known to others or readily ascertainable by proper means and has been the subject of reasonable efforts by the owner to maintain secrecy.

How does the law deal with cases where people attempt to register domain names containing well-known trademarks that do not belong to them?

Employers can only enforce a covenant not to compete if they have a valid business purpose for doing so.

Under patent law,even if an invention is otherwise new,it fails the novelty test if it has been described in a publication,sold,or put to public use more than one year before a patent application on it is filed (the one-year grace period).

Copyright laws protect inventors rather than authors.

To qualify as a trade secret,any form of knowledge protected must have economic value.

Misappropriation of a trade secret occurs when ______.

If,through your own effort,you are able to recreate the same information that another considers to be a trade secret,a misappropriation has occurred.

What does it mean for a trademark to become generic? Give some examples of trademarks that have become generic.

Once information is in the public domain,an intellectual property right can be applied to recapture it.

In the context of utility patents,which of the following terms refers to the details about the subject matter that an inventor regards as the invention?

Discuss the laws governing file-sharing of copyrighted materials.

The Patent Cooperation Treaty (PCT)allows applicants to obtain a preliminary international examination and then pursue final rights in multiple countries at the same time.

What is a trade dress?

How is the registration of descriptive terms or a person's name done?

Copyright deals with original invention,like patents.

Which of the following is a function of a trademark?

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