Deck 39: Protection of Intellectual Property

Question 1

The United States joined the Berne Convention, an international treaty protecting copyrighted works.

Answer 1

True

Question 2

For a mark to be protected under federal law, it must be registered with the Patent and Trademark Office.

Answer 2

True

Question 3

Copyright infringement may be unintentional.

Answer 3

True

Question 4

Intentional trafficking in goods known to bear a counterfeit mark can be a criminal offense.

Question 5

Federal Flag Company sends in an American flag for registration under the Lanham Act.The registration will be accepted.

Question 6

The characters and the names of a television show may be registered as collective marks.

Question 7

A trade secret is commercially valuable information that is guarded from disclosure and is not general knowledge.

Question 8

While employed and even after termination of employment, an employee cannot divulge trade secrets to a competitor.

Question 9

The Lanham Act prohibits "palming off" but not "reverse palming off."

Question 10

Infringement is the unauthorized use of the intellectual property of another.

Question 11

A patent lasts for the same period of time as a copyright.

Question 12

A copyright would protect a photograph.

Question 13

A patent last for life, while a copyright ends after 50 years.

Question 14

Georgia's company may lawfully discover Samantha's company's trade secrets if Samantha's company fails to take reasonable precautions to protect their trade secrets.

Question 15

An employee may quit the Tel Ko Company and then use information he learned at Tel Ko in competition with Tel
Ko, unless there was some unfair competition or a trade secret involved.

Question 16

The Lanham Act protects a generic or descriptive mark.

Question 17

Electronic surveillance for the purpose of acquiring trade secrets is permissible under the law of unfair competition.

Question 18

Someone who is convicted of theft of trade secrets or of the attempt to steal trade secrets may face fines and imprisonment for up to 10 years, or both.

Question 19

No copyright protection is available to protect mask works embodied in a semiconductor chip product.

Question 20

The Family Entertainment and Copyright Act of 2005 established criminal penalties for willful copyright infringement of musical works or motion pictures, but does allow for the sale and use of technology that can skip content of films in order to edit out language, violence, or sex.

Question 21

Injunctive relief is a common remedy under the Lanham Act.

Question 22

Gerdsome, Inc.uses a trademark that is substantially the same as a mark of Balsmore Co.As a result, Balsmore's business falls off.Balsmore may recover damages from Gerdsome without proving Gerdsome intended to cause confusion by the use of that mark.

Question 23

Intellectual property consists of which of the following?

A)Trade secrets
B)Patents
C)Trade symbols
D)All of these are considered intellectual property.

Question 24

Proof of copyright infringement must demonstrate that the allegedly infringing work is identical to the copyrighted work.

Question 25

A company claiming rights in a trademark may use the TM designation even if the mark is not registered.

Question 26

Misappropriation of a trade secret is the wrongful use of a trade secret.

Question 27

The word "truck" cannot be a trademark for trucks, although it could be a trademark for a new brand of designer jeans.

Question 28

A person is a contributory infringer if he knowingly sells or offers to sell a part or component of a patented invention.

Question 29

Professor Wright photocopies 50 copies of a copyrighted chart to distribute to his students in class.This is a clear violation of the Copyright Act.

Question 30

Federal protection of a registered trademark is perpetual.

Question 31

An author may terminate transfer of copyright ownership, other than that of a work for hire, during the five-year period beginning 35 years after the transfer was granted.

Question 32

Komco Computer Company has developed a new and innovative magazine and television ad campaign that it would like to protect from use by its competitors.Komco may copyright its magazine and television ads.

Question 33

A federally protected trademark cannot be "abandoned" through simple non-use.

Question 34

The union mark attached to many goods in the United States is a collective mark.

Question 35

Copyright protection lasts for the period of an author's life plus an additional 75 years.

Question 36

Goods bearing a counterfeit mark may be destroyed without compensation to the owner of the goods.

Question 37

INM Corporation is in the business of developing genetically engineered pharmaceutical products.It has developed a new genetically engineered microorganism that it would like to protect from unauthorized use by others.INM may patent the microorganism.

Question 38

Design patents grant the holder a 14-year monopoly.

Question 39

The owner of a collective mark must produce the goods it seeks to mark.

Question 40

One way of keeping a trade secret is to obtain a patent on it.

Question 41

A statutorily secured monopoly right that is issued to inventors or discoverers of useful new devices or processes is known as a:

A)copyright.
B)patent.
C)service mark registration.
D)trade name registration.

Question 42

If the court finds misappropriation of trade secrets, it may award the following remedies:

A)only damages in the amount of the pecuniary loss to the plaintiff caused by the misappropriation.
B)only damages in the amount of the pecuniary gain to the defendant.
C)treble damages.
D)Either damages in the amount of the pecuniary loss to the plaintiff caused by the misappropriation.or damages in the amount of the pecuniary gain to the defendant, whichever is greater.

Question 43

Federal trademark protection:

A)lasts for fourteen years after registration.
B)can be renewed for only a limited number of times.
C)can be abandoned by non-use.
D)All of these.

Question 44

Under copyright law, the doctrine of works for hire states that:

A)if an employee prepares a work within the scope of her employment, her employer is considered the author of the work.
B)if an employee prepares a work within the scope of her work, the employee is considered the author of the work for copyright purposes.
C)if the work is specially ordered or commissioned, it is always considered, for copyright purposes, the work of the employer.
D)a person's original creations, if committed to tangible form, are always considered to be authored by the actual creator in the law of copyright.

Question 45

A design patent:

A)has a duration of 14 years.
B)protects the ornamental designs for manufactured products.
C)requires a showing of novelty, ornamentality, and nonobviousness.
D)All of these.

Question 46

The fraudulent marketing of one person's goods as those of another is referred to as:

A)palming off of goods.
B)trade secrets.
C)fraud.
D)a tying arrangement.

Question 47

In most cases, how long does a copyright last?

A)50 years
B)17 years
C)70 years
D)The author's life plus 70 years

Question 48

The U.S.Patent and Trademark Office issues a patent upon an application containing:

A)a specification, which describes the features that make the invention patentable.
B)claims, which describe the features that make the invention patentable.
C)claims, which describe how the invention works.
D)a summary of the prior similar inventions and an explanation of how this invention is distinct from them.

Question 49

The Lanham Act has been amended by the:

A)Federal Trademark Dilution Act and the Trademark Cyberpiracy Prevention Act of 1999.
B)Only the Trademark Cyberpiracy Prevention Act of 1999.
C)Anti-counterfeiting Amendments Act of 2004 and the Trademark Cyberpiracy Prevention Act of 1999.
D)Only the Federal Trademark Dilution Act.

Question 50

A sculptor wishes to protect one of his original works.He may do so by applying for a:

A)copyright.
B)patent.
C)service mark registration.
D)trademark registration.

Question 51

In order to be the subject of a suit for copyright infringement, the copyright:

A)must be registered with the copyright office.
B)must be registered with the copyright office unless the work is a Berne Convention work whose country of origin is not the United States.
C)must be registered with the copyright office before the infringement.
D)need not be registered under any circumstances.

Question 52

An artist would like to protect one of his original oil paintings from being sold as original prints.He may protect his painting by applying for a:

A)copyright.
B)patent.
C)trademark registration.
D)service mark registration.

Question 53

Which of the following items would be patentable?

A)A distinctive variety of an asexually reproducing plant
B)A textbook
C)The theory of relativity
D)A computer program

Question 54

To which of the following limitations are the rights of the holder of a copyright subject?

A)Fair use
B)Compulsory licenses
C)Palming off
D)Both fair use and compulsory licenses

Question 55

Marks such as "Good Housekeeping Seal of Approval" and "Underwriter's Laboratory" are examples of:

A)service marks.
B)certification marks.
C)collective marks.
D)trademarks.

Question 56

Regarding trademark protection:

A)an applicant must have actually used the mark in commerce before it can be protected.
B)an owner may abandon the mark through non-use and lose protection.
C)will be presumed to have abandoned the mark after two years of non-use.
D)All of these are true.

Question 57

Wanda has a new idea for a novel, which she won't have time to write until next year.She may protect it by means of:

A)patent.
B)copyright.
C)registration of the idea.
D)nothing.An idea that has not yet been developed into a tangible form cannot be protected.

Question 58

To be protected by federal law, a mark must be distinctive enough to identify clearly the origin of the goods or services.A trade symbol may satisfy the distinctiveness requirement by, in certain circumstances:

A)being a descriptive or geographic designation.
B)being inherently distinctive.
C)acquiring distinctiveness through a secondary meaning.
D)All of these.

Question 59

The Economic Espionage Act of 1996:

A)defines trade secrets to include information only in tangible form.
B)protects the owner of trade secrets regardless of the measures used to keep the information secret.
C)provides for punishment of organizations that violate the act by subjecting them to fines of up to $5 million.
D)narrowly defines theft of trade secrets.

Question 60

The apple which identifies Apple Computers is an example of a:

A)trademark.
B)service mark.
C)certification mark.
D)collective mark.

Question 61

Infringement of a mark occurs when:

A)a person intends to confuse purchasers by using an identical or substantially indistinguishable mark.
B)it is proved that purchasers were actually confused by use of an identical or substantially indistinguishable mark.
C)and only when, an identical mark was used in an unauthorized way.
D)a person without authorization uses an identical or substantially similar mark that is likely to cause confusion, to cause mistake, or to deceive.

Question 62

If a registered copyright is willfully infringed, the owner may ask for and receive which of the following remedies?

A)Rescission and restitution
B)Punitive damages
C)Injunction
D)All of these.

Question 63

The international treaty to which the United States is a party and which protects copyrighted works is known as the:

A)Berne Convention.
B)Convention on International Copyright Protection (CICP).
C)Geneva Convention.
D)Treaty of Vienna.

Question 64

A person who intentionally and knowingly uses a counterfeit mark may receive:

A)a judgment for three times the defendant's profits or three times the plaintiff's damages, whichever is greater.
B)a fine of up to $200,000 on the first offense and $750,000 on a repeat offense.
C)a fine of up to $1,000.
D)imprisonment of up to 20 years for the first offense and for up to 30 years for a repeat offense.

Question 65

Julius had just finished a reading of his work in a local park.Afterwards he passed out copies of the same for folks to enjoy at home.However, Martina took her copy to a local college magazine and had it published in her name.What are Julius's rights under the copyright law?

Question 66

Incellmed Corporation has developed a new process that it plans to use in genetically engineering microorganisms for its pharmaceutical business.To protect the process, Incellmed may:

A)only copyright the process.
B)only patent the process.
C)only protect the process as a trade secret without registration.
D)Either patent the process or protect the process as a trade secret, depending on the other facts of the situation.

Question 67

An example of a "certification mark" would be:

A)Holiday Inns.
B)Xerox.
C)Real Cheese.
D)Nabisco.

Question 68

Edwina wrote an original novel entitled "Good Thunder on the Prairie" and registered a copyright on her work.A vice-president/producer at a film studio read the book and thought it would make an excellent made-for-television movie, so without consulting Edwina, he developed a script based upon the novel and produced it as "Thunder Storm on the Prairie." What, if any, recourse does Edwina have under the circumstances?

Question 69

What are the ways that basic trade secrets are misappropriated?

Question 70

Curt has no connection with Harvard University, but he has a new line of computer software that he would like to market to university students and faculty under the name of "Harvard Software." In this case:

A)Curt may, most likely, register the name "Harvard Software" under the Lanham Act.
B)Curt may, most likely, be able to copyright the name "Harvard Software" under the Copyright Act.
C)it is unlikely that Curt will be able to register the name "Harvard Software," because it falsely suggests a connection to an institution.
D)it is unlikely that Curt will be able to register the name "Harvard Software," because it has not yet been market tested to see if the name confuses consumers.

Question 71

Which one of the following cannot be registered under the Lanham Act?

A)An immoral mark
B)An inherently distinctive mark
C)A descriptive mark that has acquired distinctiveness through a secondary meaning
D)A geographic designation that has acquired distinctiveness through a secondary meaning

Question 72

Which of the following remedies is NOT available for patent infringement?

A)Attorney fees in some but not all cases
B)An accounting for profits
C)Treble damages when appropriate
D)Injunctive relief

Question 73

A patent would be appropriate in all but which one of the following cases?

A)The discovery of a medical use for moon rocks
B)The invention of a miniature portable generator
C)The discovery of a method of making soap from sand
D)The invention of a fingernail-sized radio

Question 74

What are some of the remedies available for infringement under the Lanham Act?

A)Injunction
B)The impoundment and destruction of infringing articles
C)Up to three times actual damages
D)All of these.

Question 75

Congressional legislation implementing the Madrid Protocol:

A)allowed copyright holders to gain international recognition of their copyright.
B)allowed U.S.trademark owners to file for registration in the many member countries of the Protocol by filing a single application.
C)gave international trade secret protection.
D)simplified the procedure for acquiring international patents.

Question 76

Utility patents require which of the following elements?

A)Ornamentality
B)Novelty
C)Obviousness
D)Distinctiveness

Question 77

Incellmed Corporation is in the business of developing genetically engineered pharmaceutical products.It uses a number of highly technical secret processes in its business.Martin worked for the company for five years and then left after an argument with one of the vice presidents of the company.He then went to work for one of Incellmed's competitors, which has begun to market similar products that seem to have been produced using the secret processes developed and used by Incellmed.What, if any, recourse does Incellmed have under the circumstances?