Question 1

Which of the following is a generic term?

Accepted Answer

A)  Honey Maid graham crackers 
B)  Nintendo video games 
C)  cola 
D)  Jell-O brand gelatin 
A)  Honey Maid graham crackers 
B)  Nintendo video games 
C)  cola 
D)  Jell-O brand gelatin

Question 2

The Supreme Court has held that developing a method for creating something that exists in nature patent laws.

Accepted Answer

A)  is 
B)  is not 
C)  cannot 
D)  should not 
A)  is 
B)  is not 
C)  cannot 
D)  should not

Question 3

Palming off is a tort in which one company sells its imitation product by leading buyers to believe it is a different product or the "real thing."

Accepted Answer

A) True 
 B)False

Question 4

Transmission of an NFL game to Canada by satellite is a violation of United States copyright laws.

Accepted Answer

A) True 
 B)False

Question 5

Trade secrets:

Accepted Answer

A)  are registered for 14 years. 
B)  are good for 75 years. 
C)  need not be registered to be protected. 
D)  are the same as trademarks. 
A)  are registered for 14 years. 
B)  are good for 75 years. 
C)  need not be registered to be protected. 
D)  are the same as trademarks.

Question 6

Misappropriation is the conversion of a trade secret.

Accepted Answer

A) True 
 B)False

Question 7

Once a U.S. company has a registered trademark in the United States, it can register that trademark in the 60 other countries who are signatory countries of the Madrid Protocol.

Accepted Answer

A) True 
 B)False

Question 8

The Federal Trademark Dilution Act permits private suit for tarnishment of a trademark.

Accepted Answer

A) True 
 B)False

Question 9

The Sonny Bono Copyright Extension Act:

Accepted Answer

A)  does not apply to individual copyright ownership. 
B)  does not apply to corporate copyright ownership. 
C)  does not provide protection for movies. 
D)  extended the time for the federal copyright protection to 70 years beyond the life of the creator/author. 
E)  none of the above 
A)  does not apply to individual copyright ownership. 
B)  does not apply to corporate copyright ownership. 
C)  does not provide protection for movies. 
D)  extended the time for the federal copyright protection to 70 years beyond the life of the creator/author. 
E)  none of the above

Question 10

What would be the basis of the suit?

Accepted Answer

A)  Trade Name 
B)  Trademark 
C)  Copyright 
D)  both a and b 
A)  Trade Name 
B)  Trademark 
C)  Copyright 
D)  both a and b

Question 11

The Digital Millennium Copyright Act exempts digital technology from copyright protections.

Accepted Answer

A) True 
 B)False

Question 12

The Digital Millennium Copyright Act imposes liability for the creation of programs that circumvent encoded copyrighted materials.

Accepted Answer

A) True 
 B)False

Question 13

Software copyrights cover the underlying programs of the software.

Accepted Answer

A) True 
 B)False

Question 14

How many states have adopted the Uniform Trade Secrets Act?

Accepted Answer

A)  50 
B)  17 
C)  28 
D)  45 
A)  50 
B)  17 
C)  28 
D)  45

Question 15

Palming off:

Accepted Answer

A)  is the same as trademark infringement. 
B)  requires proof of the likelihood of confusion. 
C)  is a statutory protection in competition. 
D)  is a federal crime. 
E)  none of the above 
A)  is the same as trademark infringement. 
B)  requires proof of the likelihood of confusion. 
C)  is a statutory protection in competition. 
D)  is a federal crime. 
E)  none of the above

Question 16

Louis Vuitton is a manufacturer of luggage, purses, wallets, and briefcases and is internationally known for its classic LV design on its products. Vuitton has authorized two U.S. importers to handle its products with the caveat that the products are to be sold only in the finer department stores and Vuitton-authorized dealers and franchises. One dealer has been selling the Vuitton products at substantial discounts to a wholesaler in the Los Angeles garment district. Discuss Vuitton's rights in this situation.

Accepted Answer

Vuitton is experiencing the gray market

Question 17

Yanni's Yachts has created a specially designed awning for its boats. Yanni's did not patent the yawning. Dream Boats purchased one of Yanni's boats and then copied the yawning from the boat it purchased from Yanni.

Accepted Answer

A)  Dream Boats has appropriated a trade secret. 
B)  Dream Boats has appropriated a patent because a patent need not be registered to be valid. 
C)  Dream Boats has misappropriated Yanni's awnings. 
D)  none of the above 
A)  Dream Boats has appropriated a trade secret. 
B)  Dream Boats has appropriated a patent because a patent need not be registered to be valid. 
C)  Dream Boats has misappropriated Yanni's awnings. 
D)  none of the above

Question 18

John W. Carson, better known as Johnny Carson, was the host and star of "The Tonight Show." His announcer used the phrase "Here's Johnny" to introduce Mr. Carson from the time the first show appeared in 1957. Carson licensed the phrase for use with a clothing line he endorsed as well as a line of men's toiletries. In 1976, a Michigan corporation began manufacturing and selling portable toilets for use at construction sites and at large outdoor events. The toilets were called, "Here's Johnny! portable toilets!" The company also used the phrase, "the world's foremost commodian" in describing its product. Mr. Carson filed suit. What would be the basis of his lawsuit?

Accepted Answer

The court in Carson v. Here's

Question 19

Working requirements mandate use and development of the patented product or the rights are lost.

Accepted Answer

A) True 
 B)False

Question 20

Cheong Choon Ng, the owner of Rainbow Loom, developed a rubber-band jewelery making kit that has a distinctive trade dress C-shaped clip that allows kids to connect loops of rubber bands to form bracelets. The looming technique in the kit dates back to the 1800s when the technique of looping knits was called Brunnian Links. Mr. Ng says he developed the C-Clip as he watched his daughters trying to make bracelets out of tiny rubber bands. After three years of enjoying a monopoly on a hot-selling craft item, Mr. Ng faced competition from FunLoom. Mr. Ng has filed suit against FunLoom for copying the C clip in its craft kit for the rubber band bracelets. Which of the following statements by the owner of FunLoom would be the best avenue for defense against the infringement suit by Rainbow Loom?

Accepted Answer

A)  "Our clip is larger." 
B)  "It works the same, but it isn't the same. It just looks like it." 
C)  "Is a loom something new and novel? It isn't." 
D)  "This issue should be decided by competition, not the courts." 
A)  "Our clip is larger." 
B)  "It works the same, but it isn't the same. It just looks like it." 
C)  "Is a loom something new and novel? It isn't." 
D)  "This issue should be decided by competition, not the courts."

Which of the following is a generic term?

The Supreme Court has held that developing a method for creating something that exists in nature patent laws.

Palming off is a tort in which one company sells its imitation product by leading buyers to believe it is a different product or the "real thing."

Transmission of an NFL game to Canada by satellite is a violation of United States copyright laws.

Trade secrets:

Misappropriation is the conversion of a trade secret.

Once a U.S. company has a registered trademark in the United States, it can register that trademark in the 60 other countries who are signatory countries of the Madrid Protocol.

The Federal Trademark Dilution Act permits private suit for tarnishment of a trademark.

The Sonny Bono Copyright Extension Act:

What would be the basis of the suit?

The Digital Millennium Copyright Act exempts digital technology from copyright protections.

The Digital Millennium Copyright Act imposes liability for the creation of programs that circumvent encoded copyrighted materials.

Software copyrights cover the underlying programs of the software.

How many states have adopted the Uniform Trade Secrets Act?

Palming off:

Yanni's Yachts has created a specially designed awning for its boats. Yanni's did not patent the yawning. Dream Boats purchased one of Yanni's boats and then copied the yawning from the boat it purchased from Yanni.

Working requirements mandate use and development of the patented product or the rights are lost.

Introduction to Law

Business Ethics and Social Responsibility

The Judicial System

Managing Disputes: Alternative Dispute Resolution and Litigation Strategies

Business and the Constitution

Administrative Law

International Law

Business Crime

Business Torts

Cyberlaw, Social Media, and Privacy

Environmental Regulation and Sustainability

Contracts and Sales: Introduction and Formation

Contracts: Performance, Remedies, and Rights

Sales: Product Advertising and Liability

Business Competition: Antitrust

Management of Employee Conduct: Agency

Governance and Structure: Forms of Doing Business

Governance and Regulation: Securities Law

Management: Employee Welfare

Management: Employment Discrimination

Filters

Exam 15: Products: Business Intellectual Property

Which of the following is a generic term?

The Supreme Court has held that developing a method for creating something that exists in nature patent laws.

Palming off is a tort in which one company sells its imitation product by leading buyers to believe it is a different product or the "real thing."

Transmission of an NFL game to Canada by satellite is a violation of United States copyright laws.

Trade secrets:

Misappropriation is the conversion of a trade secret.

Once a U.S. company has a registered trademark in the United States, it can register that trademark in the 60 other countries who are signatory countries of the Madrid Protocol.

The Federal Trademark Dilution Act permits private suit for tarnishment of a trademark.

The Sonny Bono Copyright Extension Act:

What would be the basis of the suit?

The Digital Millennium Copyright Act exempts digital technology from copyright protections.

The Digital Millennium Copyright Act imposes liability for the creation of programs that circumvent encoded copyrighted materials.

Software copyrights cover the underlying programs of the software.

How many states have adopted the Uniform Trade Secrets Act?

Palming off:

Yanni's Yachts has created a specially designed awning for its boats. Yanni's did not patent the yawning. Dream Boats purchased one of Yanni's boats and then copied the yawning from the boat it purchased from Yanni.

Working requirements mandate use and development of the patented product or the rights are lost.

Introduction to Law

Business Ethics and Social Responsibility

The Judicial System

Managing Disputes: Alternative Dispute Resolution and Litigation Strategies

Business and the Constitution

Administrative Law

International Law

Business Crime

Business Torts

Cyberlaw, Social Media, and Privacy

Environmental Regulation and Sustainability

Contracts and Sales: Introduction and Formation

Contracts: Performance, Remedies, and Rights

Sales: Product Advertising and Liability

Business Competition: Antitrust

Management of Employee Conduct: Agency

Governance and Structure: Forms of Doing Business

Governance and Regulation: Securities Law

Management: Employee Welfare

Management: Employment Discrimination

Filters