Question 1

Mike has written a novel.When,if ever,would Mike's novel be copyright protected?

Accepted Answer

A)  The novel is copyrighted automatically after completion. 
B)  The novel does not receive copyright protection unless it is registered with the U.S. Copyright Office. 
C)  It does not matter if it is ever copyrighted because Mike may sue in court to enforce his rights whether the novel is registered or not. 
D)  The novel must be published before it can be eligible for copyright protections. 
A)  The novel is copyrighted automatically after completion. 
B)  The novel does not receive copyright protection unless it is registered with the U.S. Copyright Office. 
C)  It does not matter if it is ever copyrighted because Mike may sue in court to enforce his rights whether the novel is registered or not. 
D)  The novel must be published before it can be eligible for copyright protections.

Question 2

"Under Armour" is an example of a[n] _______ trademark.

Accepted Answer

The answer of "Under Armour" is an example of a[n]...

Question 3

The Computer Software Copyright Act defined computer software programs as

Accepted Answer

A)  literary processes. 
B)  literary systems. 
C)  literary operations. 
D)  literary works. 
A)  literary processes. 
B)  literary systems. 
C)  literary operations. 
D)  literary works.

Question 4

Illegal acquisition of a company's trade secret constitutes _______.

Accepted Answer

The answer of Illegal acquisition of a company's trade secret...

Question 5

Why does Xerox Corporation take out full-page ads in national publications stressing that it is improper to use the word Xeroxing when referring to making a photocopy?

Accepted Answer

Xerox Corporation is policing its mark a

Question 6

A design patent will last for

Accepted Answer

A)  14 years from the date of the filing of the application with the U.S. Patent and Trademark Office. 
B)  14 years from the date of the approval of the application granted by the U.S. Patent and Trademark Office. 
C)  20 years from the date of the filing of the application with the U.S. Patent and Trademark Office. 
D)  20 years from the date of the approval of the application granted by the U.S. Patent and Trademark Office. 
A)  14 years from the date of the filing of the application with the U.S. Patent and Trademark Office. 
B)  14 years from the date of the approval of the application granted by the U.S. Patent and Trademark Office. 
C)  20 years from the date of the filing of the application with the U.S. Patent and Trademark Office. 
D)  20 years from the date of the approval of the application granted by the U.S. Patent and Trademark Office.

Question 7

Name the factors the Federal Trademark Dilution Act sets forth for courts to consider in determining whether dilution by blurring has occurred.

Accepted Answer

The TDRA specifies six nonexhaustive fac

Question 8

The rule of omission applies when someone creates something that replicates an item already patented but deletes a feature included in the original product.The new product will not be considered a patent infringement if the deleted feature was a significant element of the original.

Accepted Answer

A) True 
 B)False

Question 9

McDonald has invented a machine that harvests corn in the field,automatically shucks the corn from the husk,and peels the kernels from the cob,separating everything for easy disposal or further use.Assuming that all requirements are met for a patent,the length of his patent protection will be

Accepted Answer

A)  14 years from the completion of the invention. 
B)  14 years from the filing of the application with the U.S. Patent and Trade Office. 
C)  20 years from the completion of the invention. 
D)  20 years from the filing of the application with the U.S. Patent and Trade Office. 
A)  14 years from the completion of the invention. 
B)  14 years from the filing of the application with the U.S. Patent and Trade Office. 
C)  20 years from the completion of the invention. 
D)  20 years from the filing of the application with the U.S. Patent and Trade Office.

Question 10

The doctrine of equivalence will negate the effect of the doctrine of omission if the new item performs substantially the same function as the already patented item.

Accepted Answer

A) True 
 B)False

Question 11

The standard that must be met for a plaintiff to win a trademark dilution claim is likelihood of confusion.

Accepted Answer

A) True 
 B)False

Question 12

Trademarks must be distinctive and cannot be classified as arbitrary or fanciful,with no inherent relationship to the company's product or service.

Accepted Answer

A) True 
 B)False

Question 13

The standard that must be met for a plaintiff to win a trademark infringement claim is likelihood of confusion.

Accepted Answer

A) True 
 B)False

Question 14

The Economic Espionage Act is a federal statute that provides criminal penalties for domestic and foreign theft of trade secrets.

Accepted Answer

A) True 
 B)False

Question 15

A patent equates to a statutorily sanctioned monopoly right.

Accepted Answer

A) True 
 B)False

Question 16

If an item has been patented but has not been marked as patented and infringement occurs,the patent holder is generally barred from collecting damages.

Accepted Answer

A) True 
 B)False

Question 17

One significant benefit of obtaining a patent is that the cost of defending a patent is relatively minimal compared to the cost of other types of lawsuits.

Accepted Answer

A) True 
 B)False

Question 18

Which of the following describes a literal patent infringement where the infringed device does more than is described in the patent application of the protected invention?

Accepted Answer

A)  rule of exactness 
B)  rule of omission 
C)  rule of inclusion 
D)  rule of addition 
A)  rule of exactness 
B)  rule of omission 
C)  rule of inclusion 
D)  rule of addition

Question 19

The visitor's bureau in your school's county has a website with a section titled "Education." This section of the site has hyperlinks to each elementary through high school as well as links to colleges and universities with campuses in the county.If the link to your school's home page was placed on the bureau's site,without your school's consent,the travel bureau is guilty of infringement.

Accepted Answer

A) True 
 B)False

Question 20

A patent holder should mark its product as patented in order to achieve the fullest protections.Each of the following is an acceptable means of marking the product except

Accepted Answer

A)  writing the word patent on the item or its packaging. 
B)  placing the patent number on the item or its packaging. 
C)  writing pat. on the item or its packaging. 
D)  placing a P in a circle on the item or its packaging. 
A)  writing the word patent on the item or its packaging. 
B)  placing the patent number on the item or its packaging. 
C)  writing pat. on the item or its packaging. 
D)  placing a P in a circle on the item or its packaging.

Exam 24: Intellectual Property

Mike has written a novel.When,if ever,would Mike's novel be copyright protected?

"Under Armour" is an example of a[n] _______ trademark.

The Computer Software Copyright Act defined computer software programs as

Illegal acquisition of a company's trade secret constitutes _______.

Why does Xerox Corporation take out full-page ads in national publications stressing that it is improper to use the word Xeroxing when referring to making a photocopy?

A design patent will last for

Name the factors the Federal Trademark Dilution Act sets forth for courts to consider in determining whether dilution by blurring has occurred.

The rule of omission applies when someone creates something that replicates an item already patented but deletes a feature included in the original product.The new product will not be considered a patent infringement if the deleted feature was a significant element of the original.

McDonald has invented a machine that harvests corn in the field,automatically shucks the corn from the husk,and peels the kernels from the cob,separating everything for easy disposal or further use.Assuming that all requirements are met for a patent,the length of his patent protection will be

The doctrine of equivalence will negate the effect of the doctrine of omission if the new item performs substantially the same function as the already patented item.

The standard that must be met for a plaintiff to win a trademark dilution claim is likelihood of confusion.

Trademarks must be distinctive and cannot be classified as arbitrary or fanciful,with no inherent relationship to the company's product or service.

The standard that must be met for a plaintiff to win a trademark infringement claim is likelihood of confusion.

The Economic Espionage Act is a federal statute that provides criminal penalties for domestic and foreign theft of trade secrets.

A patent equates to a statutorily sanctioned monopoly right.

If an item has been patented but has not been marked as patented and infringement occurs,the patent holder is generally barred from collecting damages.

One significant benefit of obtaining a patent is that the cost of defending a patent is relatively minimal compared to the cost of other types of lawsuits.

Which of the following describes a literal patent infringement where the infringed device does more than is described in the patent application of the protected invention?

A patent holder should mark its product as patented in order to achieve the fullest protections.Each of the following is an acceptable means of marking the product except

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