Question 1

As a general rule, United States trademarks are registered for _____.

Accepted Answer

A)  20-year terms, although the holder can renew the registration repeatedly 
B)  20-year terms, and are non-renewable 
C)  10-year terms, although the holder can renew the registration repeatedly 
D)  10-year terms, and are non-renewable 
A)  20-year terms, although the holder can renew the registration repeatedly 
B)  20-year terms, and are non-renewable 
C)  10-year terms, although the holder can renew the registration repeatedly 
D)  10-year terms, and are non-renewable

Question 2

Under the principle of first in time equals first in right, priority ordinarily comes with earlier use of a mark in commerce.

Accepted Answer

A) True 
 B)False

Question 3

Which of the following is true about the intellectual property aspects of social media?

Accepted Answer

A)  The Communications Decency Act penalizes online service providers for the information that originated with third persons. 
B)  Federal Trade Commission guidelines require that people endorsing a product or service must disclose their affiliation with the producer or service provider. 
C)  Federal Trade Commission prohibits companies from engaging in widespread monitoring of social media content to head off budding complaints or criticisms. 
D)  Company employees who conceal their affiliation online and tout their company's products cannot be held liable for unfair and deceptive advertising. 
A)  The Communications Decency Act penalizes online service providers for the information that originated with third persons. 
B)  Federal Trade Commission guidelines require that people endorsing a product or service must disclose their affiliation with the producer or service provider. 
C)  Federal Trade Commission prohibits companies from engaging in widespread monitoring of social media content to head off budding complaints or criticisms. 
D)  Company employees who conceal their affiliation online and tout their company's products cannot be held liable for unfair and deceptive advertising.

Question 4

In recent years, there has been a great deal of concern about companies, called patent _____, who purchase patent rights without the intent of directly using them. Instead, these patent-holding firms demand licensing fees from companies who knowingly or unknowingly infringe upon their patent rights.

Accepted Answer

A)  trolls 
B)  hawks 
C)  squatters 
D)  confiscators 
A)  trolls 
B)  hawks 
C)  squatters 
D)  confiscators

Question 5

A company files a trademark infringement case against another. In order to recover for trademark infringement, the plaintiff generally must show that the:

Accepted Answer

A)  defendant possesses the trademark. 
B)  defendant used the mark only for insignificant personal reasons. 
C)  defendant's use of the trademark did not confuse customers. 
D)  defendant used the mark in commerce. 
A)  defendant possesses the trademark. 
B)  defendant used the mark only for insignificant personal reasons. 
C)  defendant's use of the trademark did not confuse customers. 
D)  defendant used the mark in commerce.

Question 6

A patent:

Accepted Answer

A)  grants its owner the exclusive right to make, use, or sell an invention or process for an indefinite period. 
B)  deprives competitors of the opportunity to use the invention without the patent holder's consent. 
C)  creates a permanent monopoly thereby discouraging the creation and utilization of new products and technologies. 
D)  includes articles or processes falling under the category of physical phenomena or abstract ideas. 
A)  grants its owner the exclusive right to make, use, or sell an invention or process for an indefinite period. 
B)  deprives competitors of the opportunity to use the invention without the patent holder's consent. 
C)  creates a permanent monopoly thereby discouraging the creation and utilization of new products and technologies. 
D)  includes articles or processes falling under the category of physical phenomena or abstract ideas.

Question 7

United States trademarks are registered for 20-year terms, although the holder generally can renew the registration repeatedly.

Accepted Answer

A) True 
 B)False

Question 8

A service mark is a distinctive word, name, symbol, or device used by a business to distinguish its goods from those of competitors.

Accepted Answer

A) True 
 B)False

Question 9

An individual may freely use the trade secret of another if he or she:

Accepted Answer

A)  discovers it through reverse engineering. 
B)  acquires it from a third party who trespassed on it. 
C)  obtains it by improper means and the secret is not patented. 
D)  acquires it by breaching the duty of confidentiality regarding the secret. 
A)  discovers it through reverse engineering. 
B)  acquires it from a third party who trespassed on it. 
C)  obtains it by improper means and the secret is not patented. 
D)  acquires it by breaching the duty of confidentiality regarding the secret.

Question 10

For most of its history, the United States based its patent laws on a "first-to-file" system.

Accepted Answer

A) True 
 B)False

Question 11

In the United States a copyright generally lasts for _____.

Accepted Answer

A)  the life of the author 
B)  the life of the author or 50 years, whichever comes first 
C)  the life of the author or 70 years, whichever comes first 
D)  the life of the author plus 70 years 
A)  the life of the author 
B)  the life of the author or 50 years, whichever comes first 
C)  the life of the author or 70 years, whichever comes first 
D)  the life of the author plus 70 years

Question 12

The _____ copyright infringement theory of recovery has been used effectively against several suppliers of peer-to-peer file sharing software that has been used to download CDs and DVDs from the Internet.

Accepted Answer

A)  contributory 
B)  vicarious 
C)  direct 
D)  indirect 
A)  contributory 
B)  vicarious 
C)  direct 
D)  indirect

Question 13

In terms of the history of United States patent laws, distinguish between the "first-to-invent" system and the "first-to-file" system.

Accepted Answer

For most of its history, the United Stat

Question 14

Which of the following statements is true of the principle of first in time equals first in right regarding trademark rights in the United States?

Accepted Answer

A)  It is enough to have invented the mark first. 
B)  It is enough to have registered the mark first. 
C)  It is based on the priority of its use in any other country. 
D)  It is bound by the territoriality principle. 
A)  It is enough to have invented the mark first. 
B)  It is enough to have registered the mark first. 
C)  It is based on the priority of its use in any other country. 
D)  It is bound by the territoriality principle.

Question 15

As a precondition to receiving trade secret protection, the owner must take reasonable means to maintain secrecy.

Accepted Answer

A) True 
 B)False

Question 16

An American university professor derives a new formula which explains a fundamental principle of nature. In the United States, this formula:

Accepted Answer

A)  can be patented. 
B)  cannot be patented. 
C)  can be patented because it is novel. 
D)  cannot be patented because it is not useful. 
A)  can be patented. 
B)  cannot be patented. 
C)  can be patented because it is novel. 
D)  cannot be patented because it is not useful.

Question 17

Patents, trademarks, copyrights, and trade secrets are basic types of _____ property.

Accepted Answer

A)  intellectual 
B)  community 
C)  commercial 
D)  patented 
A)  intellectual 
B)  community 
C)  commercial 
D)  patented

Question 18

If a licensor does not closely monitor the activities of a licensee, it runs the risk that the licensee will produce inferior products or provide inferior service.

Accepted Answer

A) True 
 B)False

Question 19

Which of the following statements is true of the confidentiality clause?

Accepted Answer

A)  It restricts the licensor's right to disclose trade secrets after the licensing agreement has ended. 
B)  During a licensing agreement, the licensor can be permitted to limit the number of people with whom the licensee may share the technology. 
C)  It cannot be taken up in the court when there is misappropriation because it binds only private parties together. 
D)  Prior to licensing, it prohibits potential licensees to inspect the technology the licensor provides. 
A)  It restricts the licensor's right to disclose trade secrets after the licensing agreement has ended. 
B)  During a licensing agreement, the licensor can be permitted to limit the number of people with whom the licensee may share the technology. 
C)  It cannot be taken up in the court when there is misappropriation because it binds only private parties together. 
D)  Prior to licensing, it prohibits potential licensees to inspect the technology the licensor provides.

Question 20

Which of the following statements is true about a trade secret?

Accepted Answer

A)  A trade secret usually receives legal protection even if its owner did not take reasonable precautions to keep it a secret. 
B)  A trade secret generally does not include devices and compilations of information. 
C)  A business may attempt to maintain a trade secret when it has a process or product that is not novel enough to receive patent protection. 
D)  A business may attempt to maintain a trade secret, but its misappropriation is not considered a breach of law. 
A)  A trade secret usually receives legal protection even if its owner did not take reasonable precautions to keep it a secret. 
B)  A trade secret generally does not include devices and compilations of information. 
C)  A business may attempt to maintain a trade secret when it has a process or product that is not novel enough to receive patent protection. 
D)  A business may attempt to maintain a trade secret, but its misappropriation is not considered a breach of law.

Exam 8: Licensing and Intellectual Property

As a general rule, United States trademarks are registered for _____.

Under the principle of first in time equals first in right, priority ordinarily comes with earlier use of a mark in commerce.

Which of the following is true about the intellectual property aspects of social media?

A company files a trademark infringement case against another. In order to recover for trademark infringement, the plaintiff generally must show that the:

A patent:

United States trademarks are registered for 20-year terms, although the holder generally can renew the registration repeatedly.

A service mark is a distinctive word, name, symbol, or device used by a business to distinguish its goods from those of competitors.

An individual may freely use the trade secret of another if he or she:

For most of its history, the United States based its patent laws on a "first-to-file" system.

In the United States a copyright generally lasts for _____.

The _____ copyright infringement theory of recovery has been used effectively against several suppliers of peer-to-peer file sharing software that has been used to download CDs and DVDs from the Internet.

In terms of the history of United States patent laws, distinguish between the "first-to-invent" system and the "first-to-file" system.

Which of the following statements is true of the principle of first in time equals first in right regarding trademark rights in the United States?

As a precondition to receiving trade secret protection, the owner must take reasonable means to maintain secrecy.

An American university professor derives a new formula which explains a fundamental principle of nature. In the United States, this formula:

Patents, trademarks, copyrights, and trade secrets are basic types of _____ property.

If a licensor does not closely monitor the activities of a licensee, it runs the risk that the licensee will produce inferior products or provide inferior service.

Which of the following statements is true of the confidentiality clause?

Which of the following statements is true about a trade secret?

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