Question 1

The defense of __________ is available when a trademark user truthfully uses a competitor's mark to identify the competitor's product for the user's own purposes.

Accepted Answer

A)  nominative use 
B)  competitive use 
C)  genericity 
D)  fair use 
A)  nominative use 
B)  competitive use 
C)  genericity 
D)  fair use A

Question 2

A(n)_____ mark is a real word whose ordinary meaning has nothing to do with a trademarked product.

Accepted Answer

A)  arbitrary 
B)  suggestive 
C)  descriptive 
D)  fanciful 
A)  arbitrary 
B)  suggestive 
C)  descriptive 
D)  fanciful A

Question 3

Patent applications must contain a declaration by the inventor.

Accepted Answer

A) True 
 B)False  True

Question 4

What are the four basic types of intellectual property?

Accepted Answer

A)  Patents,copyrights,trademarks,and trade secrets 
B)  Patents,copyrights,certifications,and trademarks 
C)  Copyrights,certifications,trademarks,and original works 
D)  Inventions,certifications,original works,and patents 
A)  Patents,copyrights,trademarks,and trade secrets 
B)  Patents,copyrights,certifications,and trademarks 
C)  Copyrights,certifications,trademarks,and original works 
D)  Inventions,certifications,original works,and patents

Question 5

A __________ placed on a product indicates that the product has met the certifier's standards of safety or quality.

Accepted Answer

A)  certification mark 
B)  trademark 
C)  service mark 
D)  trade name 
A)  certification mark 
B)  trademark 
C)  service mark 
D)  trade name

Question 6

Under the __________ doctrine,under certain circumstances,a person may infringe the copyright owner's exclusive rights without liability in the course of such activities as news reporting,education,scholarship,or research.

Accepted Answer

A)  fair use 
B)  education use 
C)  new use 
D)  critical use 
A)  fair use 
B)  education use 
C)  new use 
D)  critical use

Question 7

In the famous case of Sony Corp.of America v.Universal City Studios,Inc.(1984),the U.S.Supreme Court ruled that the sale of copying equipment does not constitute contributory infringement,provided that it has substantial noninfringing uses.

Accepted Answer

A) True 
 B)False

Question 8

Discuss in detail common law rights,if any,in a trademark in the United States.

Accepted Answer

The first person to sell the goods under

Question 9

A(n)_____ infringement occurs when one party knowingly sells an item with one specific use that will result in the infringement of another's patent.

Accepted Answer

A)  innocent 
B)  patent misuse 
C)  direct patent 
D)  contributory patent 
A)  innocent 
B)  patent misuse 
C)  direct patent 
D)  contributory patent

Question 10

A copyright is a government-granted right to exclude others from making,using,or selling an invention.

Accepted Answer

A) True 
 B)False

Question 11

Which of the following is NOT true regarding current U.S.copyright law?

Accepted Answer

A)  The material must be sufficiently original. 
B)  Protection is automatic. 
C)  Use of a copyright notice is required. 
D)  Registration is not required. 
A)  The material must be sufficiently original. 
B)  Protection is automatic. 
C)  Use of a copyright notice is required. 
D)  Registration is not required.

Question 12

What type of efficiency exists when competition among individual producers drives all but the lowest-cost producers of goods or services out of the market?

Accepted Answer

A)  Allocative 
B)  Economic 
C)  Strategic 
D)  Productive 
A)  Allocative 
B)  Economic 
C)  Strategic 
D)  Productive

Question 13

Shelby developed a new type of rose through asexual reproduction and will be able to get a patent on it.

Accepted Answer

A) True 
 B)False

Question 14

Service marks are a form of trademarks.

Accepted Answer

A) True 
 B)False

Question 15

List the requirements an invention must meet in order to be eligible for a utility patent as well as the requirements for patentable subject matter.

Accepted Answer

To be eligible for a utility patent,an i

Question 16

A design dictated by function may be protected by a(n)__________ patent.

Accepted Answer

A)  equivalents 
B)  design 
C)  utility 
D)  useful articles 
A)  equivalents 
B)  design 
C)  utility 
D)  useful articles

Question 17

Trade dress,the packaging or dressing of a product,is protected by the:

Accepted Answer

A)  Chakrabarty case,which defines novel,useful,and nonobvious parameters of trademark protection. 
B)  Trademark Law Revision Act,which provides state protection that is greater than federal protection. 
C)  Internet Corporation for Assigned Names and Numbers. 
D)  Lanham Act,which parallels the protections against trademark infringements. 
A)  Chakrabarty case,which defines novel,useful,and nonobvious parameters of trademark protection. 
B)  Trademark Law Revision Act,which provides state protection that is greater than federal protection. 
C)  Internet Corporation for Assigned Names and Numbers. 
D)  Lanham Act,which parallels the protections against trademark infringements.

Question 18

The Napster case,which involved the online sharing of copyrighted music,illustrates how the principle of "substantial noninfringing use" and _____ principles apply to peer-to-peer networks.

Accepted Answer

A)  secondary meaning 
B)  cybersquatting 
C)  vicarious infringement liability 
D)  useful article 
A)  secondary meaning 
B)  cybersquatting 
C)  vicarious infringement liability 
D)  useful article

Question 19

Which of the following is considered in determining whether use of copyrighted material constitutes fair use?

Accepted Answer

A)  Only the amount of the work used. 
B)  (1)The amount of the work used,and (2)the economic effect of the use on the copyright owner. 
C)  (1)The economic effect of the use on the copyright owner,(2)the nature of the work used,and (3)the amount of the work used. 
D)  (1)The purpose and character of the use,(2)the economic effect of the use on the copyright owner,(3)the nature of the work used,and (4)the amount of the work used. 
A)  Only the amount of the work used. 
B)  (1)The amount of the work used,and (2)the economic effect of the use on the copyright owner. 
C)  (1)The economic effect of the use on the copyright owner,(2)the nature of the work used,and (3)the amount of the work used. 
D)  (1)The purpose and character of the use,(2)the economic effect of the use on the copyright owner,(3)the nature of the work used,and (4)the amount of the work used.

Question 20

Which of the following is NOT a part of a patent application?

Accepted Answer

A)  The specifications 
B)  The claims 
C)  The drawings 
D)  The declaration of prior art 
A)  The specifications 
B)  The claims 
C)  The drawings 
D)  The declaration of prior art

Exam 11: Intellectual-Property

The defense of __________ is available when a trademark user truthfully uses a competitor's mark to identify the competitor's product for the user's own purposes.

A(n)_____ mark is a real word whose ordinary meaning has nothing to do with a trademarked product.

Patent applications must contain a declaration by the inventor.

What are the four basic types of intellectual property?

A __________ placed on a product indicates that the product has met the certifier's standards of safety or quality.

Under the __________ doctrine,under certain circumstances,a person may infringe the copyright owner's exclusive rights without liability in the course of such activities as news reporting,education,scholarship,or research.

In the famous case of Sony Corp.of America v.Universal City Studios,Inc.(1984),the U.S.Supreme Court ruled that the sale of copying equipment does not constitute contributory infringement,provided that it has substantial noninfringing uses.

Discuss in detail common law rights,if any,in a trademark in the United States.

A(n)_____ infringement occurs when one party knowingly sells an item with one specific use that will result in the infringement of another's patent.

A copyright is a government-granted right to exclude others from making,using,or selling an invention.

Which of the following is NOT true regarding current U.S.copyright law?

What type of efficiency exists when competition among individual producers drives all but the lowest-cost producers of goods or services out of the market?

Shelby developed a new type of rose through asexual reproduction and will be able to get a patent on it.

Service marks are a form of trademarks.

List the requirements an invention must meet in order to be eligible for a utility patent as well as the requirements for patentable subject matter.

A design dictated by function may be protected by a(n)__________ patent.

Trade dress,the packaging or dressing of a product,is protected by the:

The Napster case,which involved the online sharing of copyrighted music,illustrates how the principle of "substantial noninfringing use" and _____ principles apply to peer-to-peer networks.

Which of the following is considered in determining whether use of copyrighted material constitutes fair use?

Which of the following is NOT a part of a patent application?

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