Question 1

Which of the following sometimes serves as an alternative to claims of trademark infringement?

Accepted Answer

A) Trademark abandonment 
B) Trademark dilution 
C) Trademark protection 
D) Trademark disparagement 
A) Trademark abandonment 
B) Trademark dilution 
C) Trademark protection 
D) Trademark disparagement B

Question 2

Which of the following doctrines recognizes that the social purposes present in certain uses of copyrighted works may be important enough to excuse defendants' uses of the works without permission?

Accepted Answer

A) Dilution doctrine 
B) Fair use doctrine 
C) First sale doctrine 
D) Doctrine of equivalents 
A) Dilution doctrine 
B) Fair use doctrine 
C) First sale doctrine 
D) Doctrine of equivalents B

Question 3

There is usually no liability for injurious falsehood for false statements that are made negligently and in good faith.

Accepted Answer

A) True 
 B)False  True

Question 4

A trade secret differs from a patent in that a trade secret:

Accepted Answer

A) grants a monopoly to the creator. 
B) stimulates creative activity. 
C) is guarded by the creator. 
D) is nonpublic by definition. 
A) grants a monopoly to the creator. 
B) stimulates creative activity. 
C) is guarded by the creator. 
D) is nonpublic by definition.

Question 5

Which of the following exists when the owner of a trade secret retains title but allows the transferee certain uses of the secret?

Accepted Answer

A) Assignment 
B) License 
C) Delegation 
D) Injunction 
A) Assignment 
B) License 
C) Delegation 
D) Injunction

Question 6

The ________ that the plaintiff is required to prove are his usual-and typically his only-remedy in injurious falsehood cases.

Accepted Answer

A) special damages 
B) statutory damages 
C) compensatory damages 
D) punitive damages 
A) special damages 
B) statutory damages 
C) compensatory damages 
D) punitive damages

Question 7

Which of the following would have an argument for being exempt from using materials that were copyrighted?

Accepted Answer

A) A business owner attempting to make money off the materials 
B) A news organization transmitting information to the public 
C) A consumer attempting to avoid paying for the materials 
D) An author who copies the materials to make money without permission 
A) A business owner attempting to make money off the materials 
B) A news organization transmitting information to the public 
C) A consumer attempting to avoid paying for the materials 
D) An author who copies the materials to make money without permission

Question 8

A copyright comes into existence upon the:

Accepted Answer

A) creation and fixing of a protected work. 
B) creation of an idea. 
C) creation of a protected work. 
D) creation of a message. 
A) creation and fixing of a protected work. 
B) creation of an idea. 
C) creation of a protected work. 
D) creation of a message.

Question 9

A trademark owner who wins an infringement suit may obtain a(n)________ against uses of the mark that are likely to cause confusion.

Accepted Answer

A) license 
B) assignment 
C) injunction 
D) writ 
A) license 
B) assignment 
C) injunction 
D) writ

Question 10

When does a patent infringement occur?

Accepted Answer

Patent infringement occurs whe

Question 11

Any word,name,symbol,device,or combination thereof used by a manufacturer or seller to identify its products and distinguish them from the products of competitors is called a:

Accepted Answer

A) copyright. 
B) trademark. 
C) signature. 
D) patent. 
A) copyright. 
B) trademark. 
C) signature. 
D) patent.

Question 12

Jackson,Inc.sells bleach in containers that are similar in size,shape,and color to a well-known competitor's containers for the same product.Jackson may face liability under section 43(a)of the Lanham Act based on a(n):

Accepted Answer

A) passing-off claim. 
B) trade dress infringement claim. 
C) false advertising claim. 
D) infringement of a registered trademark claim. 
A) passing-off claim. 
B) trade dress infringement claim. 
C) false advertising claim. 
D) infringement of a registered trademark claim.

Question 13

Copyrights and patents cannot last forever and only have limited legal lengths.

Accepted Answer

A) True 
 B)False

Question 14

A trademark is considered to be abandoned when:

Accepted Answer

A) the owner fails to use it. 
B) it acquires a generic meaning. 
C) it has been obtained by fraud. 
D) it is suggestive or arbitrary. 
A) the owner fails to use it. 
B) it acquires a generic meaning. 
C) it has been obtained by fraud. 
D) it is suggestive or arbitrary.

Question 15

The patent application must include a(n)________ describing the invention with sufficient detail and clarity to enable a person skilled in the relevant field to make and use the invention.

Accepted Answer

A) specification 
B) drawing 
C) proposal 
D) idea 
A) specification 
B) drawing 
C) proposal 
D) idea

Question 16

Which of the following statements about the Anticybersquatting Consumer Protection Act (ACPA)is true?

Accepted Answer

A) The ACPA authorizes a criminal action in favor of the trademark owner. 
B) Many cases in which a trademark owner complains about another party's registration of a domain name have been submitted to arbitration,rather than to a court,in recent years. 
C) Under the ACPA,the trademark owner's only remedy is to recover his/her actual damages. 
D) The World Intellectual Property Organization is a leading provider of litigators for actions under the ACPA. 
A) The ACPA authorizes a criminal action in favor of the trademark owner. 
B) Many cases in which a trademark owner complains about another party's registration of a domain name have been submitted to arbitration,rather than to a court,in recent years. 
C) Under the ACPA,the trademark owner's only remedy is to recover his/her actual damages. 
D) The World Intellectual Property Organization is a leading provider of litigators for actions under the ACPA.

Question 17

A firm claiming a trade secret must show that it:

Accepted Answer

A) took reasonable measures to ensure secrecy. 
B) gave adequate compensation for the work. 
C) has a license to produce the product. 
D) has enough research to back the product. 
A) took reasonable measures to ensure secrecy. 
B) gave adequate compensation for the work. 
C) has a license to produce the product. 
D) has enough research to back the product.

Question 18

Which of the following is also termed slander of title or a trade libel?

Accepted Answer

A) Defamation 
B) Injurious falsehood 
C) Copyright infringement 
D) Plagiarism 
A) Defamation 
B) Injurious falsehood 
C) Copyright infringement 
D) Plagiarism

Question 19

In a case of intentional interference,a defendant generally escapes liability when his contract interference:

Accepted Answer

A) was guided by public interest. 
B) was defamatory in nature. 
C) was regarding prospective competitive advantage. 
D) was guided by a void bargain. 
A) was guided by public interest. 
B) was defamatory in nature. 
C) was regarding prospective competitive advantage. 
D) was guided by a void bargain.

Question 20

What can the plaintiff usually elect to receive in lieu of the basic remedy in a case of copyright infringement?

Accepted Answer

A) Punitive damages 
B) Liquidated damages 
C) Special damages 
D) Statutory damages 
A) Punitive damages 
B) Liquidated damages 
C) Special damages 
D) Statutory damages

Exam 8: Intellectual Property and Unfair Competition

Which of the following sometimes serves as an alternative to claims of trademark infringement?

Which of the following doctrines recognizes that the social purposes present in certain uses of copyrighted works may be important enough to excuse defendants' uses of the works without permission?

There is usually no liability for injurious falsehood for false statements that are made negligently and in good faith.

A trade secret differs from a patent in that a trade secret:

Which of the following exists when the owner of a trade secret retains title but allows the transferee certain uses of the secret?

The ________ that the plaintiff is required to prove are his usual-and typically his only-remedy in injurious falsehood cases.

Which of the following would have an argument for being exempt from using materials that were copyrighted?

A copyright comes into existence upon the:

A trademark owner who wins an infringement suit may obtain a(n)________ against uses of the mark that are likely to cause confusion.

When does a patent infringement occur?

Any word,name,symbol,device,or combination thereof used by a manufacturer or seller to identify its products and distinguish them from the products of competitors is called a:

Jackson,Inc.sells bleach in containers that are similar in size,shape,and color to a well-known competitor's containers for the same product.Jackson may face liability under section 43(a)of the Lanham Act based on a(n):

Copyrights and patents cannot last forever and only have limited legal lengths.

A trademark is considered to be abandoned when:

The patent application must include a(n)________ describing the invention with sufficient detail and clarity to enable a person skilled in the relevant field to make and use the invention.

Which of the following statements about the Anticybersquatting Consumer Protection Act (ACPA)is true?

A firm claiming a trade secret must show that it:

Which of the following is also termed slander of title or a trade libel?

In a case of intentional interference,a defendant generally escapes liability when his contract interference:

What can the plaintiff usually elect to receive in lieu of the basic remedy in a case of copyright infringement?

The Nature of Law

The Resolution of Private Disputes

Business and the Constitution

Business Ethics, Corporate Social Responsibility, Corporate Governance, and Critical Thinking

Criminal Law and Procedure

Intentional Torts

Negligence and Strict Liability

Introduction to Contracts

The Agreement: Offer

The Agreement: Acceptance

Consideration

Reality of Consent

Capacity to Contract

Illegality

Writing

Rights of Third Parties

Performance and Remedies

Formation and Terms of Sales Contracts

Product Liability

Performance of Sales Contracts

Remedies for Breach of Sales Contracts

Personal Property and Bailments

Real Property

Landlord and Tenant

Estates and Trusts

Insurance Law

Introduction to Credit and Secured Transactions

Security Interests in Personal Property

Bankruptcy

Negotiable Instruments

Negotiation and Holder in Due Course

Liability of Parties

Checks and Electronic Transfers

The Agency Relationship

Third-Party Relations of the Principal and the Agent

Introduction to Forms of Business and Formation of Partnerships

Operation of Partnerships and Related Forms

Partners Dissociation and Partnerships Dissolution and Winding up

Limited Liability Companies, limited Partnerships, and Limited Liability Limited Partnerships

History and Nature of Corporations

Organization and Financial Structure of Corporations

Management of Corporations

Shareholders Rights and Liabilities

Securities Regulation

Legal and Professional Responsibilities of Auditors, Consultants, and Securities Professionals

Administrative Law

The Federal Trade Commission Act and Consumer Protection Laws

Antitrust: the Sherman Act

The Clayton Act, the Robinsonpatman Act, and Antitrust Exemptions and Immunities

Employment Law

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