Question 1

Which of the following is false with regard to trademark?

Accepted Answer

A)  Registration of a trademark gives the owner of the trademark the exclusive right to use it throughout Canada. 
B)  Registration of a trademark grants the owner protection for 15 years with the right to renew. 
C)  If a person registers a trademark but later fails to use it, protection of the mark will not be lost; it is still his and is protected for the remainder of the period of protection granted. 
D)  The distinctive design of a product container may be the subject of trademark protection. 
E)  Registration under the Trademark Act establishes a presumption that the person registered is the owner of the trademark. 
A)  Registration of a trademark gives the owner of the trademark the exclusive right to use it throughout Canada. 
B)  Registration of a trademark grants the owner protection for 15 years with the right to renew. 
C)  If a person registers a trademark but later fails to use it, protection of the mark will not be lost; it is still his and is protected for the remainder of the period of protection granted. 
D)  The distinctive design of a product container may be the subject of trademark protection. 
E)  Registration under the Trademark Act establishes a presumption that the person registered is the owner of the trademark.

Question 2

A right of way is an example of an estate in land since it gives the holder of it the right to go across the land.

Accepted Answer

A) True 
 B)False

Question 3

One of the important features of residential tenancies is that the parties are free to override the provisions of the various residential tenancies acts by clearly doing so in a written lease agreement.

Accepted Answer

A) True 
 B)False

Question 4

Consider the following statements regarding the nature of the landlord-tenant relationship.Indicate the true one.

Accepted Answer

A)  A leasehold is one kind of interest less than an estate. 
B)  A characteristic shared by leaseholds and life estates is that they both grant to the holder the right of exclusive possession. 
C)  An oral lease is never enforceable. 
D)  The term of a lease must be for a definite period of time. 
E)  Leases are only available in residential tenancies. 
A)  A leasehold is one kind of interest less than an estate. 
B)  A characteristic shared by leaseholds and life estates is that they both grant to the holder the right of exclusive possession. 
C)  An oral lease is never enforceable. 
D)  The term of a lease must be for a definite period of time. 
E)  Leases are only available in residential tenancies.

Question 5

Distinguish between real property and other forms of property.

Accepted Answer

Real property includ

Question 6

The effect of an Anton Piller Order is to

Accepted Answer

A)  stop infringement before trial. 
B)  seize material from the suspected wrongdoer. 
C)  prohibit offender from dealing with product. 
D)  compensate holder of copyright. 
E)  require the infringer to pay over any profits. 
A)  stop infringement before trial. 
B)  seize material from the suspected wrongdoer. 
C)  prohibit offender from dealing with product. 
D)  compensate holder of copyright. 
E)  require the infringer to pay over any profits.

Question 7

Which of the following is true with regard to the copyright law in Canada?

Accepted Answer

A)  A Canadian author must register upon the creation of her book, in order to acquire copyright protection. 
B)  Copyright law is governed by the Copyright Act, but an author need not register under the statute to acquire copyright. 
C)  Generally, the term of copyright is 50 years. 
D)  Registration of copyright is restricted to published works. 
E)  Everyone can receive copyright protection in Canada for his or her work created elsewhere. 
A)  A Canadian author must register upon the creation of her book, in order to acquire copyright protection. 
B)  Copyright law is governed by the Copyright Act, but an author need not register under the statute to acquire copyright. 
C)  Generally, the term of copyright is 50 years. 
D)  Registration of copyright is restricted to published works. 
E)  Everyone can receive copyright protection in Canada for his or her work created elsewhere.

Question 8

An estate in the land describes a person's right to the exclusive possession and use of that land.

Accepted Answer

A) True 
 B)False

Question 9

Homer Ford invented a unique pollution-free engine that runs on gas created by chicken "droppings" and old leaves.This fuel also caused no wear on the engine of the car.Homer built a prototype in a workshop in his backyard.Before he seeks publicity,he would like to protect his invention and any business that emerges from the development and sale of his cars.In this regard,which of the following is false?

Accepted Answer

A)  If he can succeed in getting a patent on his novel engine, he would have a government-granted monopoly to produce, sell, or otherwise profit from his invention. 
B)  Surnames cannot be registered as trademarks unless the name has acquired a secondary meaning at the time of application. 
C)  If he is granted a patent, he will be giving up any trade secret protection he might have had to protect his ideas. 
D)  If anyone steals his ideas, Ford could also sue in tort for injurious falsehood. 
E)  If he obtains a patent, the protection will be for a period of 20 years. 
A)  If he can succeed in getting a patent on his novel engine, he would have a government-granted monopoly to produce, sell, or otherwise profit from his invention. 
B)  Surnames cannot be registered as trademarks unless the name has acquired a secondary meaning at the time of application. 
C)  If he is granted a patent, he will be giving up any trade secret protection he might have had to protect his ideas. 
D)  If anyone steals his ideas, Ford could also sue in tort for injurious falsehood. 
E)  If he obtains a patent, the protection will be for a period of 20 years.

Question 10

In which of the following does a person have a true lease?

Accepted Answer

A)  When a person rents a hotel room. 
B)  When a person's one-year commercial lease has expired and he has paid no further rent but remains on the premises without the agreement or consent of the lessor. 
C)  When she has contracted for the use of a warehouse for a two-month period commencing June 10, 2011. 
D)  When she has been given permission to sleep on a cot in the dark room used at the photography shop where she works. 
E)  When she pays by the hour to use a woodworking shop along with other users. 
A)  When a person rents a hotel room. 
B)  When a person's one-year commercial lease has expired and he has paid no further rent but remains on the premises without the agreement or consent of the lessor. 
C)  When she has contracted for the use of a warehouse for a two-month period commencing June 10, 2011. 
D)  When she has been given permission to sleep on a cot in the dark room used at the photography shop where she works. 
E)  When she pays by the hour to use a woodworking shop along with other users.

Question 11

When a trademark is registered,it gives protection for a period of 50 years.

Accepted Answer

A) True 
 B)False

Question 12

A periodic tenancy refers to a lease in which the parties agree to no set termination date but to the rental period being automatically renewed.

Accepted Answer

A) True 
 B)False

Question 13

There is an equitable principle that when a landlord retakes a property for failure to pay rent prior to the end of the lease term,the tenant can pay the arrears and apply in the court to have the lease reinstated.This is known as

Accepted Answer

A)  relief against forfeiture. 
B)  distress. 
C)  tenancy at sufferance. 
D)  an order nisi. 
E)  an order absolute. 
A)  relief against forfeiture. 
B)  distress. 
C)  tenancy at sufferance. 
D)  an order nisi. 
E)  an order absolute.

Question 14

The only person who has a better claim to goods that are found is the original owner.

Accepted Answer

A) True 
 B)False

Question 15

Mr.and Mrs.Dunn were divorced and Mr.Dunn applied for a division of the matrimonial home in which they were joint tenants.Mr.Dunn died before the matter was settled.In Dunn Estate v.Dunn,the issue was whether the home was part of Mr.Dunn's estate,or whether it passed by survivorship to Mrs.Dunn.What did the Court find?

Accepted Answer

A)  The home passed to the wife. A joint tenancy, if properly created, cannot be severed. 
B)  The home was part of the estate. The divorce was enough to sever the tenancy. 
C)  The home was part of the estate. The commencement of a matrimonial property action was enough to sever the tenancy. 
D)  The home passed to the wife. Neither divorce nor commencement of a matrimonial property action was enough to sever the tenancy. 
E)  The home was part of the estate. A joint tenancy is instantly severed by the death of either joint tenant. 
A)  The home passed to the wife. A joint tenancy, if properly created, cannot be severed. 
B)  The home was part of the estate. The divorce was enough to sever the tenancy. 
C)  The home was part of the estate. The commencement of a matrimonial property action was enough to sever the tenancy. 
D)  The home passed to the wife. Neither divorce nor commencement of a matrimonial property action was enough to sever the tenancy. 
E)  The home was part of the estate. A joint tenancy is instantly severed by the death of either joint tenant.

Question 16

Which of the following is true with regard to obtaining a patent?

Accepted Answer

A)  The inventor's expression of the idea is automatically protected under the provincial Patent Act. 
B)  The Patent Act allows a patent to someone for an existing process or machine that is in use but has not been patented. 
C)  To obtain a patent, besides satisfying the provisions of the Patent Act, the inventor must show that the invention was not known or used by any other person before he or she invented it. 
D)  The inventor does not have to send specifications or a model when he sends his application. 
E)  If a patent application is denied, the inventor can apply for trademark protection instead. 
A)  The inventor's expression of the idea is automatically protected under the provincial Patent Act. 
B)  The Patent Act allows a patent to someone for an existing process or machine that is in use but has not been patented. 
C)  To obtain a patent, besides satisfying the provisions of the Patent Act, the inventor must show that the invention was not known or used by any other person before he or she invented it. 
D)  The inventor does not have to send specifications or a model when he sends his application. 
E)  If a patent application is denied, the inventor can apply for trademark protection instead.

Question 17

An employee could not be sued for disclosing a company's customer list because no trade secret or unique manufacturing process is involved.

Accepted Answer

A) True 
 B)False

Question 18

When is it appropriate for a copyright owner,as plaintiff,to ask the court to cite the defendant for contempt of court? Read each separately.

Accepted Answer

A)  When the defendant first infringes the copyright. 
B)  When the defendant can't pay the $10 000 awarded by the court for copyright infringement. 
C)  When the defendant refused to stop infringing the plaintiff's copyright even after the court ordered an injunction. 
D)  When the plaintiff has learned of the infringement and wants the court to order the defendant to show how much the defendant made by selling the plaintiff's work. 
E)  When the plaintiff wants to seize the plates used by the defendant to make copies of the plaintiff's work. 
A)  When the defendant first infringes the copyright. 
B)  When the defendant can't pay the $10 000 awarded by the court for copyright infringement. 
C)  When the defendant refused to stop infringing the plaintiff's copyright even after the court ordered an injunction. 
D)  When the plaintiff has learned of the infringement and wants the court to order the defendant to show how much the defendant made by selling the plaintiff's work. 
E)  When the plaintiff wants to seize the plates used by the defendant to make copies of the plaintiff's work.

Which of the following is false with regard to trademark?

A right of way is an example of an estate in land since it gives the holder of it the right to go across the land.

One of the important features of residential tenancies is that the parties are free to override the provisions of the various residential tenancies acts by clearly doing so in a written lease agreement.

Consider the following statements regarding the nature of the landlord-tenant relationship.Indicate the true one.

Distinguish between real property and other forms of property.

The effect of an Anton Piller Order is to

Which of the following is true with regard to the copyright law in Canada?

An estate in the land describes a person's right to the exclusive possession and use of that land.

In which of the following does a person have a true lease?

When a trademark is registered,it gives protection for a period of 50 years.

A periodic tenancy refers to a lease in which the parties agree to no set termination date but to the rental period being automatically renewed.

There is an equitable principle that when a landlord retakes a property for failure to pay rent prior to the end of the lease term,the tenant can pay the arrears and apply in the court to have the lease reinstated.This is known as

The only person who has a better claim to goods that are found is the original owner.

Which of the following is true with regard to obtaining a patent?

An employee could not be sued for disclosing a company's customer list because no trade secret or unique manufacturing process is involved.

When is it appropriate for a copyright owner,as plaintiff,to ask the court to cite the defendant for contempt of court? Read each separately.

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputesthe Courts and Alternatives to Litigation

Intentional Torts and Torts Impacting Business

Negligence, Professional Liability, and Insurance

The Elements of a Contractconsensus and Consideration

The Elements of a Contract capacity, Legality, and Intention

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Employment

Agency and Partnership

Corporations

Information Technology and the Internet

Sales and Consumer Protection

Priority of Creditors

Filters

Exam 13: Real, Personal, and Intellectual Property

Which of the following is false with regard to trademark?

A right of way is an example of an estate in land since it gives the holder of it the right to go across the land.

One of the important features of residential tenancies is that the parties are free to override the provisions of the various residential tenancies acts by clearly doing so in a written lease agreement.

Consider the following statements regarding the nature of the landlord-tenant relationship.Indicate the true one.

Distinguish between real property and other forms of property.

The effect of an Anton Piller Order is to

Which of the following is true with regard to the copyright law in Canada?

An estate in the land describes a person's right to the exclusive possession and use of that land.

In which of the following does a person have a true lease?

When a trademark is registered,it gives protection for a period of 50 years.

A periodic tenancy refers to a lease in which the parties agree to no set termination date but to the rental period being automatically renewed.

There is an equitable principle that when a landlord retakes a property for failure to pay rent prior to the end of the lease term,the tenant can pay the arrears and apply in the court to have the lease reinstated.This is known as

The only person who has a better claim to goods that are found is the original owner.

Which of the following is true with regard to obtaining a patent?

An employee could not be sued for disclosing a company's customer list because no trade secret or unique manufacturing process is involved.

When is it appropriate for a copyright owner,as plaintiff,to ask the court to cite the defendant for contempt of court? Read each separately.

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputesthe Courts and Alternatives to Litigation

Intentional Torts and Torts Impacting Business

Negligence, Professional Liability, and Insurance

The Elements of a Contractconsensus and Consideration

The Elements of a Contract capacity, Legality, and Intention

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Employment

Agency and Partnership

Corporations

Information Technology and the Internet

Sales and Consumer Protection

Priority of Creditors

Filters