Question 1

A registrant may lose registration of a domain name for Internet usage by not using it for more than ___________ days.

Accepted Answer

A)  30 
B)  60 
C)  90 
D)  120 
E)  180 
A)  30 
B)  60 
C)  90 
D)  120 
E)  180

Question 2

As recognized in the case in the text, Toys "R" Us Inc., v. Canarsie Kiddie Shop Inc., to obtain trademark protection, a descriptive term must have attained ____________.

Accepted Answer

A)  Secondary meaning 
B)  Primary meaning 
C)  Primary application 
D)  Secondary application 
E)  Secondary acknowledgement 
A)  Secondary meaning 
B)  Primary meaning 
C)  Primary application 
D)  Secondary application 
E)  Secondary acknowledgement

Question 3

Identify where a trademark is registered, what one should do when requesting registration, and what the governmental office involved would then do. Identify circumstances under which a trademark will not be accepted for registration.

Accepted Answer

Trademarks are registered with the U.S.

Question 4

"Grooming Dispute." Joshua has a successful dog grooming business called "Tub & Dog." He registered the business name for trademark protection. Sandy noticed how well Joshua was doing and opened his own business called "Tub & Dog II." Joshua is unhappy about Sandy's use of the name. He is also unhappy because Sandy is copying Joshua's practice of tying a bright orange bandana around each dog's neck immediately after grooming. Joshua sued Sandy for trademark infringement based upon the name and the use of the orange bandana. Sandy replies that one reason Joshua should not prevail is that he is involved primarily in the sale of dog grooming products while Joshua is involved in the grooming of dogs. Sandy claims that his use of the orange bandana is very rare because he does very little grooming. Sandy also defends on the basis that actual confusion among consumers does not exist. Joshua insists that he should prevail and notes that he is considering expanding into the product sales area.
-Which of the following is true regarding Joshua's claim of trademark infringement involving the color of the bandana?

Accepted Answer

A)  Color may not be a trademark. 
B)  Color can be a trademark regardless of whether it identifies goods with their source. 
C)  Color may be a trademark if it identifies goods with their source. 
D)  Color can be considered in a trademark infringement case only if another primary trademark infringement has been established. 
E)  Color can be a consideration in a trademark infringement case only if a primary additional infringement has been established and secondary meaning has been established in regards to the color. 
A)  Color may not be a trademark. 
B)  Color can be a trademark regardless of whether it identifies goods with their source. 
C)  Color may be a trademark if it identifies goods with their source. 
D)  Color can be considered in a trademark infringement case only if another primary trademark infringement has been established. 
E)  Color can be a consideration in a trademark infringement case only if a primary additional infringement has been established and secondary meaning has been established in regards to the color.

Question 5

A service mark is a mark licensed by a group that has established certain criteria for use of the mark such as "U.L. Tested" or "Good Housekeeping Seal of Approval."

Accepted Answer

A) True 
 B)False

Question 6

Which of the following is false regarding trade secret protection?

Accepted Answer

A)  Competitors may not discover trade secrets by doing reverse engineering. 
B)  Competitors may discover secrets by going on public tours of plants and observing the use of the trade secret. 
C)  Lawful discovery of a trade secret means there is no longer a trade secret to be protected. 
D)  A company's client list may be considered a trade secret. 
E)  There is no registration of trade secrets. 
A)  Competitors may not discover trade secrets by doing reverse engineering. 
B)  Competitors may discover secrets by going on public tours of plants and observing the use of the trade secret. 
C)  Lawful discovery of a trade secret means there is no longer a trade secret to be protected. 
D)  A company's client list may be considered a trade secret. 
E)  There is no registration of trade secrets.

Question 7

Which of the following is true regarding the No Electronic Theft Act?

Accepted Answer

A)  It provides that it is legal for a person to infringe a copyright so long as financial gain is not involved. 
B)  It provides that it is illegal for a person to reproduce, even for no financial gain, the copyrighted work of another; but there are only civil damages available, no criminal penalties. 
C)  It provides that it is illegal for a person to reproduce, even for no financial gain, the copyrighted work of another; and criminal penalties including imprisonment for up to five years may be imposed. 
D)  It provides that it is illegal for a person to reproduce, even for no financial gain, the copyrighted work of another; and criminal penalties in the form of fines, but not imprisonment, may be imposed. 
E)  It provides that it is illegal for a person to reproduce, even for no financial gain, the copyrighted work of another; but the only remedy available would be an injunction requiring that the offender cease the infringement. 
A)  It provides that it is legal for a person to infringe a copyright so long as financial gain is not involved. 
B)  It provides that it is illegal for a person to reproduce, even for no financial gain, the copyrighted work of another; but there are only civil damages available, no criminal penalties. 
C)  It provides that it is illegal for a person to reproduce, even for no financial gain, the copyrighted work of another; and criminal penalties including imprisonment for up to five years may be imposed. 
D)  It provides that it is illegal for a person to reproduce, even for no financial gain, the copyrighted work of another; and criminal penalties in the form of fines, but not imprisonment, may be imposed. 
E)  It provides that it is illegal for a person to reproduce, even for no financial gain, the copyrighted work of another; but the only remedy available would be an injunction requiring that the offender cease the infringement.

Question 8

Which of the following consists of the fruits of one's mind?

Accepted Answer

A)  Theoretical property 
B)  Cognitive property 
C)  Intellectual property 
D)  Protected property 
E)  Tradable property 
A)  Theoretical property 
B)  Cognitive property 
C)  Intellectual property 
D)  Protected property 
E)  Tradable property

Question 9

Which of the following is a mark identifying the producers as belonging to a larger group, such as a trade union?

Accepted Answer

A)  Product trademark 
B)  Collective mark 
C)  Certification mark 
D)  Service mark 
E)  Physical activity mark 
A)  Product trademark 
B)  Collective mark 
C)  Certification mark 
D)  Service mark 
E)  Physical activity mark

Question 10

Which of the following is a mark used in conjunction with a service?

Accepted Answer

A)  Product trademark 
B)  Collective mark 
C)  Certification mark 
D)  Service mark 
E)  Physical activity mark 
A)  Product trademark 
B)  Collective mark 
C)  Certification mark 
D)  Service mark 
E)  Physical activity mark

Question 11

If a trademark is registered, what may the owner obtain in the event of infringement from a person who used the trademark to pass off goods as being those of the mark owner?

Accepted Answer

A)  Damages only. 
B)  An injunction prohibiting the infringer from using the mark only. 
C)  An additional amount of damages computed as a multiplier of 5 times the original damages but nothing else. 
D)  Damages, an injunction prohibiting the infringer from using the mark, and additional damages based on a multiplier of 5 times the original damages. 
E)  Damages and an injunction prohibiting the infringer from using the mark. 
A)  Damages only. 
B)  An injunction prohibiting the infringer from using the mark only. 
C)  An additional amount of damages computed as a multiplier of 5 times the original damages but nothing else. 
D)  Damages, an injunction prohibiting the infringer from using the mark, and additional damages based on a multiplier of 5 times the original damages. 
E)  Damages and an injunction prohibiting the infringer from using the mark.

Question 12

Once a trademark is registered today, when must it be renewed for the first time?

Accepted Answer

A)  Between the first and second year. 
B)  Between the second and third year. 
C)  Between the third and fourth year. 
D)  Between the fourth and fifth year. 
E)  Between the fifth and sixth year. 
A)  Between the first and second year. 
B)  Between the second and third year. 
C)  Between the third and fourth year. 
D)  Between the fourth and fifth year. 
E)  Between the fifth and sixth year.

Question 13

With which of the following does a government website address end?

Accepted Answer

A)  .gov 
B)  .edu 
C)  .net 
D)  .org 
E)  .com 
A)  .gov 
B)  .edu 
C)  .net 
D)  .org 
E)  .com

Question 14

What four criteria must be satisfied in order to obtain a patent on a product, process, invention, or machine?

Accepted Answer

To obtain a non-design patent, first, th

Question 15

Bob properly filed for a patent on a new machine with the U.S. Patent and Trademark Office. Alice who had been working on the same type of machine was furious when she learned about Bob's filing. She presented proof that she had actually invented the machine first but had not yet prepared the paperwork for filing at the time of Bob's filing. Assuming no wrongdoing on the part of either party and that they developed the machine independently, which of the following is the correct resolution of the dispute?

Accepted Answer

A)  Alice will win and possess all rights to the patent under common law because she first invented the machine. 
B)  Bob will win and possess all rights to the patent under common law because he was the first to file for a patent. 
C)  Under common law, Alice and Bob will share rights to the patent on a 50-50 basis. 
D)  Under the America Invents Act, Alice will control rights to the patent because she was the first to invent. 
E)  Under the America Invents Act, Bob will control rights to the patent because he was the first to file. 
A)  Alice will win and possess all rights to the patent under common law because she first invented the machine. 
B)  Bob will win and possess all rights to the patent under common law because he was the first to file for a patent. 
C)  Under common law, Alice and Bob will share rights to the patent on a 50-50 basis. 
D)  Under the America Invents Act, Alice will control rights to the patent because she was the first to invent. 
E)  Under the America Invents Act, Bob will control rights to the patent because he was the first to file.

Question 16

A[n] _______________ mark identifies a significant characteristic of the product but is not the common name of the product.

Accepted Answer

A)  Suggestive 
B)  Arbitrary or fanciful 
C)  Generic 
D)  Descriptive 
E)  Common 
A)  Suggestive 
B)  Arbitrary or fanciful 
C)  Generic 
D)  Descriptive 
E)  Common

Question 17

Which of the following is true regarding trade secret protection?

Accepted Answer

A)  A trade secret is protected from unlawful appropriation by competitors as long as it is kept secret and consists of elements not generally known in the trade. 
B)  A trade secret is protected from unlawful appropriation by competitors for ten years. 
C)  A trade secret is protected from unlawful appropriation by competitors for twenty years. 
D)  A trade secret is protected from unlawful appropriation by competitors for thirty years as long as it is kept secret and consists of elements not generally known in the trade. 
E)  A trade secret is protected from unlawful appropriation by competitors for seventy years. 
A)  A trade secret is protected from unlawful appropriation by competitors as long as it is kept secret and consists of elements not generally known in the trade. 
B)  A trade secret is protected from unlawful appropriation by competitors for ten years. 
C)  A trade secret is protected from unlawful appropriation by competitors for twenty years. 
D)  A trade secret is protected from unlawful appropriation by competitors for thirty years as long as it is kept secret and consists of elements not generally known in the trade. 
E)  A trade secret is protected from unlawful appropriation by competitors for seventy years.

Question 18

Which of the following administers international treaties pertaining to the protection of intellectual property?

Accepted Answer

A)  The United Nations Intellectual Property Association 
B)  The Federal Intellectual Property Organization 
C)  The National and World Intellectual Protection Agency 
D)  The World Intellectual Property Organization 
E)  There is no organization or agency with that responsibility 
A)  The United Nations Intellectual Property Association 
B)  The Federal Intellectual Property Organization 
C)  The National and World Intellectual Protection Agency 
D)  The World Intellectual Property Organization 
E)  There is no organization or agency with that responsibility

Question 19

"Scuba Diving." Marcy invented a new type of mask that was not subject to fogging for scuba divers and obtained a patent on it. She agrees to allow Jenny to manufacture and sell the mask. She receives a sum of money for every mask that Jenny sells. Marcy also entered into an agreement with Frank to allow him to sell the masks, but only if he also purchased non-patented diving suits from Marcy. All parties proceeded to do very well with their sales.
-Which of the following describes the agreement between Marcy and Frank?

Accepted Answer

A)  It is a legal tying arrangement. 
B)  It is a legal cross-licensing agreement. 
C)  It is an illegal tying arrangement. 
D)  It is an illegal cross-licensing agreement. 
E)  A legal contractual agreement. 
A)  It is a legal tying arrangement. 
B)  It is a legal cross-licensing agreement. 
C)  It is an illegal tying arrangement. 
D)  It is an illegal cross-licensing agreement. 
E)  A legal contractual agreement.

Question 20

Which of the following was the result at the U.S. Supreme Court level in Metro-Goldwyn-Mayer studios Inc., v. Grokster Ltd., the case in the text in which the Court addressed the legality of the defendants allowing users to share digital, typical music, files?

Accepted Answer

A)  That the defendants had no responsibility to develop filtering tools or other mechanisms to diminish infringing activity and that the district court properly dismissed the lawsuit. 
B)  That there was no evidence that the defendants acted to promote infringement and that, therefore, the district court properly dismissed the lawsuit. 
C)  That there was no evidence that the defendants profited from the site allowing file sharing and that, therefore, the district court properly dismissed the lawsuit. 
D)  That the district court properly dismissed the suit because the system at issue had both legal and illegal uses. 
E)  That the district court improperly dismissed the suit because a distributor who promotes infringement and takes steps to foster infringement is liable for infringement by third parties. 
A)  That the defendants had no responsibility to develop filtering tools or other mechanisms to diminish infringing activity and that the district court properly dismissed the lawsuit. 
B)  That there was no evidence that the defendants acted to promote infringement and that, therefore, the district court properly dismissed the lawsuit. 
C)  That there was no evidence that the defendants profited from the site allowing file sharing and that, therefore, the district court properly dismissed the lawsuit. 
D)  That the district court properly dismissed the suit because the system at issue had both legal and illegal uses. 
E)  That the district court improperly dismissed the suit because a distributor who promotes infringement and takes steps to foster infringement is liable for infringement by third parties.

Exam 12: Intellectual Property

A registrant may lose registration of a domain name for Internet usage by not using it for more than ___________ days.

As recognized in the case in the text, Toys "R" Us Inc., v. Canarsie Kiddie Shop Inc., to obtain trademark protection, a descriptive term must have attained ____________.

Identify where a trademark is registered, what one should do when requesting registration, and what the governmental office involved would then do. Identify circumstances under which a trademark will not be accepted for registration.

A service mark is a mark licensed by a group that has established certain criteria for use of the mark such as "U.L. Tested" or "Good Housekeeping Seal of Approval."

Which of the following is false regarding trade secret protection?

Which of the following is true regarding the No Electronic Theft Act?

Which of the following consists of the fruits of one's mind?

Which of the following is a mark identifying the producers as belonging to a larger group, such as a trade union?

Which of the following is a mark used in conjunction with a service?

If a trademark is registered, what may the owner obtain in the event of infringement from a person who used the trademark to pass off goods as being those of the mark owner?

Once a trademark is registered today, when must it be renewed for the first time?

With which of the following does a government website address end?

What four criteria must be satisfied in order to obtain a patent on a product, process, invention, or machine?

A[n] _______________ mark identifies a significant characteristic of the product but is not the common name of the product.

Which of the following is true regarding trade secret protection?

Which of the following administers international treaties pertaining to the protection of intellectual property?

Which of the following was the result at the U.S. Supreme Court level in Metro-Goldwyn-Mayer studios Inc., v. Grokster Ltd., the case in the text in which the Court addressed the legality of the defendants allowing users to share digital, typical music, files?

An Introduction to Dynamic Business Law

Business Ethics

The US Legal System

Alternative Dispute Resolution

Constitutional Principles

International and Comparative Law

Crime and the Business Community

Tort Law

Negligence and Strict Liability

Product Liability

Liability of Accountants and Other Professionals

Introduction to Contracts

Agreement

Consideration

Capacity and Legality

Legal Assent

Contracts in Writing

Third-Party Rights to Contracts

Discharge and Remedies

Introduction to Sales and Lease Contracts

Title, Risk of Loss, and Insurable Interest

Performance and Obligations Under Sales and Leases

Remedies for Breach of Sales and Lease Contracts

Warranties

Negotiable Instruments: Negotiability and Transferability

Negotiation, Holder in Due Course, and Defenses

Liability, Defenses, and Discharge

Checks and Electronic Fund Transfers

Secured Transactions

Other Creditors Remedies and Suretyship

Bankruptcy and Reorganization

Agency Formation and Duties

Liability to Third Parties and Termination

Forms of Business Organization

Partnerships: Nature, Formation, and Operation

Partnerships: Termination and Limited Partnerships

Corporations: Formation and Financing

Corporations: Directors, Officers, and Shareholders

Corporations: Mergers, Consolidations, Terminations

Corporations: Securities and Investor Protection

Employment and Labor Law

Employment Discrimination

Administrative Law

Consumer Law

Environmental Law

Antitrust Law

The Nature of Property, Personal Property, and Bailments

Real Property

Landlord-Tenant Law

Insurance Law

Wills and Trusts

Filters