Question 1

Which of the following is true of the Digital Millennium Copyright Act?

Accepted Answer

A)  It protects a mark used by someone other than the owner to certify the quality, point of origin, or other characteristics of goods or services. 
B)  It provides a remedy of statutory damages and transfer of a famous trademark domain name to its owner if it was registered in "bad faith." 
C)  It prevents circumvention of technological access protections for such digital products such as computer software and compact disks. 
D)  It prohibits household consumers from using a mark the same as or similar to another's "famous" trademark so as to dilute its significance, reputation, and goodwill. 
E)  It specifies that a fair use of copyrighted materials is not an infringement of the owner's property. 
A)  It protects a mark used by someone other than the owner to certify the quality, point of origin, or other characteristics of goods or services. 
B)  It provides a remedy of statutory damages and transfer of a famous trademark domain name to its owner if it was registered in "bad faith." 
C)  It prevents circumvention of technological access protections for such digital products such as computer software and compact disks. 
D)  It prohibits household consumers from using a mark the same as or similar to another's "famous" trademark so as to dilute its significance, reputation, and goodwill. 
E)  It specifies that a fair use of copyrighted materials is not an infringement of the owner's property.

Question 2

What is a trade secret and what must a company do to have enforceable rights to protect a trade secret?

Accepted Answer

A trade secret is any form of knowledge

Question 3

______ refers to the ability of an invention to produce surprising or unexpected results; that is,results not anticipated by prior art.

Accepted Answer

A)  novation 
B)  nonobviousness 
C)  preemption 
D)  utility 
E)  tarnishment 
A)  novation 
B)  nonobviousness 
C)  preemption 
D)  utility 
E)  tarnishment

Question 4

The Nike "swoosh" and McDonald's golden arches are examples of which type of intellectual property?

Accepted Answer

A)  copyright 
B)  patent 
C)  certification mark 
D)  trademark 
E)  novelty 
A)  copyright 
B)  patent 
C)  certification mark 
D)  trademark 
E)  novelty

Question 5

Which of the following is true of a trademark?

Accepted Answer

A)  A trademark is a form of legal and civil property. 
B)  One can have rights in a trademark only if he or she has registered it. 
C)  If a trademark is unregistered, it is open for public use. 
D)  A trademark is firmly associated with an inventive act and excludes others from making, using, or selling the invention. 
E)  Owners can sue for infringement and claim rights on a trademark even if they have not registered it. 
A)  A trademark is a form of legal and civil property. 
B)  One can have rights in a trademark only if he or she has registered it. 
C)  If a trademark is unregistered, it is open for public use. 
D)  A trademark is firmly associated with an inventive act and excludes others from making, using, or selling the invention. 
E)  Owners can sue for infringement and claim rights on a trademark even if they have not registered it.

Question 6

Explain the characteristics that an invention should have in order to be patentable.

Accepted Answer

To be patentable,it is not enough for so

Question 7

How is the nonobvious standard in an invention measured?

Accepted Answer

Nonobviousness refers to the ability of

Question 8

What is an injunction?

Accepted Answer

An injunction is an order by a judge eit

Question 9

Trade secrets lose property in knowledge-based resources when they come into contact with suppliers,customers,repair technicians,or even visitors.

Accepted Answer

A) True 
 B)False

Question 10

Any private individual or a public firm can bring a case under the Economic Espionage Act (EEA).

Accepted Answer

A) True 
 B)False

Question 11

Which of the following statements is true of trade secrets?

Accepted Answer

A)  A first step involved in protection of trade secrets deals with preservation of secrecy through computer systems. 
B)  Establishment of the existence of trade secrets is a critical step in the control of valuable knowledge resources. 
C)  Two or more trade secrets must be unique. 
D)  Trade secrets lose property in knowledge-based resources when they come into contact with suppliers, customers, repair technicians, or even visitors. 
E)  Reasonable measures in the preservation of trade secrets exclude physically locking away written material. 
A)  A first step involved in protection of trade secrets deals with preservation of secrecy through computer systems. 
B)  Establishment of the existence of trade secrets is a critical step in the control of valuable knowledge resources. 
C)  Two or more trade secrets must be unique. 
D)  Trade secrets lose property in knowledge-based resources when they come into contact with suppliers, customers, repair technicians, or even visitors. 
E)  Reasonable measures in the preservation of trade secrets exclude physically locking away written material.

Question 12

A school's seal and logo are examples of which type of intellectual property?

Accepted Answer

A)  service marks 
B)  certification marks 
C)  collective marks 
D)  patents 
E)  brand marks 
A)  service marks 
B)  certification marks 
C)  collective marks 
D)  patents 
E)  brand marks

Question 13

Trade secrets are required to be unique.

Accepted Answer

A) True 
 B)False

Question 14

Discuss the various types of trademarks.

Accepted Answer

The Lanham Act protects the following ma

Question 15

Copying for research or teaching are considered an infringement of the owner's property.

Accepted Answer

A) True 
 B)False

Question 16

Which of the following is a defense to a charge of trademark infringement?

Accepted Answer

A)  The statutory period protecting the trademark has expired. 
B)  There is a good chance of the public being confused. 
C)  The use is a "fair use." 
D)  The mark is distinctive. 
E)  The mark or symbol is considerably different. 
A)  The statutory period protecting the trademark has expired. 
B)  There is a good chance of the public being confused. 
C)  The use is a "fair use." 
D)  The mark is distinctive. 
E)  The mark or symbol is considerably different.

Question 17

What is secondary meaning?

Accepted Answer

Secondary meaning refers to a public mea

Question 18

According to the Lanham Act of 1946,which of the following is a mark representing membership in a certain organization or association?

Accepted Answer

A)  certification mark 
B)  product mark 
C)  service mark 
D)  collective mark 
E)  secondary mark 
A)  certification mark 
B)  product mark 
C)  service mark 
D)  collective mark 
E)  secondary mark

Question 19

What are the three criteria necessary for copyright protection to occur?

Accepted Answer

For copyright protection to occur, (1)th

Question 20

In determining whether a particular use is a fair one,a court will consider ______.

Accepted Answer

A)  the distinctiveness of the copyright 
B)  the amount of profit expected by the user claiming the fair use 
C)  the amount and substantiality of the portion used in relation to the copyrighted work as a whole 
D)  the royalties awarded to the inventor before using the copyright since copyright laws protect inventors 
E)  the degree of damage caused 
A)  the distinctiveness of the copyright 
B)  the amount of profit expected by the user claiming the fair use 
C)  the amount and substantiality of the portion used in relation to the copyrighted work as a whole 
D)  the royalties awarded to the inventor before using the copyright since copyright laws protect inventors 
E)  the degree of damage caused

Exam 11: Intellectual Property

Which of the following is true of the Digital Millennium Copyright Act?

What is a trade secret and what must a company do to have enforceable rights to protect a trade secret?

______ refers to the ability of an invention to produce surprising or unexpected results; that is,results not anticipated by prior art.

The Nike "swoosh" and McDonald's golden arches are examples of which type of intellectual property?

Which of the following is true of a trademark?

Explain the characteristics that an invention should have in order to be patentable.

How is the nonobvious standard in an invention measured?

What is an injunction?

Trade secrets lose property in knowledge-based resources when they come into contact with suppliers,customers,repair technicians,or even visitors.

Any private individual or a public firm can bring a case under the Economic Espionage Act (EEA).

Which of the following statements is true of trade secrets?

A school's seal and logo are examples of which type of intellectual property?

Trade secrets are required to be unique.

Discuss the various types of trademarks.

Copying for research or teaching are considered an infringement of the owner's property.

Which of the following is a defense to a charge of trademark infringement?

What is secondary meaning?

According to the Lanham Act of 1946,which of the following is a mark representing membership in a certain organization or association?

What are the three criteria necessary for copyright protection to occur?

In determining whether a particular use is a fair one,a court will consider ______.

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