Question 1

Which of the following distinguishes a copyright from a patent?

Accepted Answer

A) Copyrightable works need not be novel. 
B) Copyright law gives exclusive rights to the creator of a work. 
C) Copyright laws prevent others from using the work originally created by someone. 
D) There are proper copyright laws in the U.S. 
A) Copyrightable works need not be novel. 
B) Copyright law gives exclusive rights to the creator of a work. 
C) Copyright laws prevent others from using the work originally created by someone. 
D) There are proper copyright laws in the U.S.

Question 2

Unlike the inventions protected by patent law,copyrightable works need not be novel.

Accepted Answer

A) True 
 B)False

Question 3

Which of the following is not a remedy for misappropriation of a trade secret?

Accepted Answer

A) Recovery of the plaintiff's actual losses 
B) Recovery based on the defendant's unjust enrichment 
C) Injunctive relief 
D) Specific performance 
A) Recovery of the plaintiff's actual losses 
B) Recovery based on the defendant's unjust enrichment 
C) Injunctive relief 
D) Specific performance

Question 4

Information that is reasonably discoverable by proper means may not be protected as a trade secret.Which of the following would not constitute "proper means"?

Accepted Answer

A) Independent invention of the secret 
B) Observation of a publicly displayed product 
C) Reverse engineering of an illegitimately acquired product 
D) Published literature 
A) Independent invention of the secret 
B) Observation of a publicly displayed product 
C) Reverse engineering of an illegitimately acquired product 
D) Published literature

Question 5

Discuss a criticism of the first-to-file policy.

Accepted Answer

Those who would mount a constitutional c

Question 6

Which of the following statements about noncompetition agreements is false?

Accepted Answer

A) Without a noncompetition agreement,the ex-employee is normally free to compete with her former employer on the basis of trade secrets and skills obtained during the employment relationship. 
B) Noncompetition agreements often go well beyond the important and legally recognized interest in preserving trade secrets. 
C) Noncompetition agreements that strike the court as too broad may be ruled unenforceable. 
D) Noncompetition agreements that extend beyond trade secret protection will be enforced if they have narrowly defined terms of duration,geographic area,and a relationship to legitimate business interests of the employer. 
A) Without a noncompetition agreement,the ex-employee is normally free to compete with her former employer on the basis of trade secrets and skills obtained during the employment relationship. 
B) Noncompetition agreements often go well beyond the important and legally recognized interest in preserving trade secrets. 
C) Noncompetition agreements that strike the court as too broad may be ruled unenforceable. 
D) Noncompetition agreements that extend beyond trade secret protection will be enforced if they have narrowly defined terms of duration,geographic area,and a relationship to legitimate business interests of the employer.

Question 7

What is the basic recovery for copyright infringement?

Accepted Answer

A) Only the owner's actual damages 
B) Only the attributable profits received by the infringer 
C) Owner's actual damages and the attributable profits received by the infringer 
D) Punitive damages 
A) Only the owner's actual damages 
B) Only the attributable profits received by the infringer 
C) Owner's actual damages and the attributable profits received by the infringer 
D) Punitive damages

Question 8

A trademark is any word,name,symbol,device,or combination thereof used by a seller to identify its products from the competition.

Accepted Answer

A) True 
 B)False

Question 9

As demonstrated in the case in the text,Kibler v.Hall,most of the court's attention in trademark infringement cases is concerned with the:

Accepted Answer

A) dispute over profits made by the defendants. 
B) likelihood of confusion over the trademark. 
C) time period of the trademark rights. 
D) generic nature of the disputed trademark. 
A) dispute over profits made by the defendants. 
B) likelihood of confusion over the trademark. 
C) time period of the trademark rights. 
D) generic nature of the disputed trademark.

Question 10

What is the modern day rule for how long a copyright will last?

Accepted Answer

A) 50 years form its first publication 
B) 75 years from its first publication 
C) Life of the creator plus 70 years 
D) Life of the creator plus 50 years 
A) 50 years form its first publication 
B) 75 years from its first publication 
C) Life of the creator plus 70 years 
D) Life of the creator plus 50 years

Exam 8: Intellectual Property and Unfair Competition

Which of the following distinguishes a copyright from a patent?

Unlike the inventions protected by patent law,copyrightable works need not be novel.

Which of the following is not a remedy for misappropriation of a trade secret?

Information that is reasonably discoverable by proper means may not be protected as a trade secret.Which of the following would not constitute "proper means"?

Discuss a criticism of the first-to-file policy.

Which of the following statements about noncompetition agreements is false?

What is the basic recovery for copyright infringement?

A trademark is any word,name,symbol,device,or combination thereof used by a seller to identify its products from the competition.

As demonstrated in the case in the text,Kibler v.Hall,most of the court's attention in trademark infringement cases is concerned with the:

What is the modern day rule for how long a copyright will last?

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

Environmental Regulation

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