Deck 8: Intellectual Property and Unfair Competition

Question 1

Patent infringement may occur even if the defendant's use did not involve a literal reproduction of the patented item.

Answer 1

True
Explanation: Infringement established under the doctrine of equivalents makes a defendant liable for infringement even if the subject matter he used is not identical to the one described in the patentee's claims of invention.

Question 2

A trademark is any word,name,symbol,device,or combination thereof used by a seller to identify its products from the competition.

Answer 2

True
Explanation: The Lanham Act defines a trademark as any word,name,symbol,device,or combination thereof used by a manufacturer or seller to identify its products.

Question 3

A patent can be transferred through an assignment to another party.

Answer 3

True
Explanation: The patentee may transfer ownership of a patent by making a written assignment of it to another party.

Question 4

Under the Restatement's fault requirement for injurious falsehood cases,the plaintiff must prove that the defendant possessed ill will or spite motives toward the plaintiff.

Question 5

Unlike the inventions protected by patent law,copyrightable works need not be novel.

Question 6

A patent granted on September 2,1997,will be valid for 17 years from that date unless the patent was for an ornamental design.

Question 7

The basic recovery for copyright infringement is only the owner's actual damages.

Question 8

There is no international copyright that automatically protects a copyrighted work everywhere in the world.

Question 9

The World Intellectual Property Organization is a leading provider of conciliation for "bad faith" actions.

Question 10

Although the Lanham Act is the federal trademark statute,section 43(a)of the statute may be invoked in various situations that do not involve trademark rights.

Question 11

Trademark protection in the United States is for 30 years.

Question 12

There is usually no liability for injurious falsehood for false statements that are made negligently and in good faith.

Question 13

One may challenge a patent's validity without first being sued for infringement by filing a declaratory judgment action that seeks a court ruling of invalidity.

Question 14

Ms.Green is a teacher at a high school.She is teaching a class on civics and photocopies a chapter about government ethics by Mr.Blue.Ms.Green uses the photocopy to prepare a class discussion for her students,and after the class,she destroys the photocopy.Ms.Green is not guilty of a copyright violation.

Question 15

Customer lists are not patentable but may be subject to trade secret protection.

Question 16

Copyright protection is a state government action.

Question 17

Copyrights and patents cannot last forever and only have limited legal lengths.

Question 18

Even though no one else had developed an invention like that of the patent applicant,the application will be denied if,at the time of the invention,the invention would have been obvious to a person having ordinary skills in the area.

Question 19

Patent law is always an area of exclusive federal jurisdiction.

Question 20

United States has adopted a "first-to-file" approach to patent law.

Question 21

Which of the following is protected by copyright laws in computer programs?

A)Organization
B)Structure
C)Source code
D)Presentation of information

Question 22

Which of the following characterizes copyright transfer?

A)Oral transfers are valid and recognized.
B)Ownership can be retained while licensing part of the work.
C)It leads to a transfer of ownership for that period of time.
D)It allows everything except the performance of the work.

Question 23

Patent ________ occurs when a defendant,without authorization from the patentee,usurps the patentee's rights by making,using,or selling the patented invention.

A)assignment
B)licensing
C)infringement
D)violation

Question 24

Which of the following recognizes a civil cause of action for misappropriation of trade secrets?

A)Defend Trade Secrets Act
B)Economic Espionage Act of 1996
C)America Invents Act
D)Patent Act

Question 25

Which of the following is least likely to fall within the scope of what is protected by the copyright on the work in which it appears?

A)The physical arrangement and ordering of pieces of factual information on pages in a reference book.
B)The melody of a song.
C)The dialogue spoken by actors in a TV commercial.
D)The theme of a short story.

Question 26

Which of the following is true of patents?

A)Patents fall under the jurisdiction of state laws.
B)Naturally occurring things are patentable.
C)Abstract ideas are not patentable.
D)U)S.patent laws have changed since the mid-1990s.

Question 27

How long is the legal temporary monopoly that present patent laws provide to the inventor after the filing of the patent application?

A)Ten years
B)Seventeen years
C)Twenty years
D)The lifetime of the inventor.

Question 28

Which of the following distinguishes a copyright from a patent?

A)Copyrightable works need not be novel.
B)Copyright law gives exclusive rights to the creator of a work.
C)Copyright laws prevent others from using the work originally created by someone.
D)There are proper copyright laws in the U.S.

Question 29

Which of the following statements about the Defend Trade Secrets Act (DTSA)is false?

A)The DTSA preempts state trade secrets law.
B)The DTSA defines trade secrets and the elements of a misappropriation claim.
C)Those whose trade secrets have been violated can seek redress under either the DTSA or the applicable state law.
D)The DTSA was the first federal statute to recognize a cause of action for misappropriation of trade secrets.

Question 30

What is the basic recovery for copyright infringement?

A)Only the owner's actual damages
B)Only the attributable profits received by the infringer
C)Owner's actual damages and the attributable profits received by the infringer
D)Punitive damages

Question 31

Which of the following statements is true of copyright?

A)Copyrights and patents last forever.
B)There are different copyright rules for pre and post 1978 works.
C)Congress enacts copyright rules under the World Intellectual Property Organization.
D)Copyrights for a work-for-hire last for 50 years.

Question 32

Carlos has written a novel.He wants to protect his intellectual property with a copyright.What must he do first?

A)He must apply to the U.S.Copyright Office for a copyright.
B)He must produce a certificate that he is the original author.
C)He must put the novel in some tangible form,like a hard copy or a compact disc.
D)He must certify that his story is original and novel.

Question 33

Which of the following allows a defendant to be held liable for infringement even though the subject matter he used contained elements that were not identical to those described in the patentee's claims of invention,but nonetheless,may be seen as equivalent to those of the patented invention?

A)Literal infringement
B)Double jeopardy clause
C)Strict liability
D)Doctrine of equivalents

Question 34

The patent application must include a(n)________ describing the invention with sufficient detail and clarity to enable a person skilled in the relevant field to make and use the invention.

A)specification
B)drawing
C)proposal
D)idea

Question 35

Eleanor Rigby is an employee of Strawberry Fields Music,Inc. ,a firm that specializes in the preparation of original music for possible use by advertisers in TV and radio commercials.In January 2000,Rigby wrote a song that is protected by copyright.She wrote the song as part of her regular duties as a Strawberry Fields employee.Rigby and Strawberry Fields did not have a written agreement concerning ownership of the copyright on the song.In February 2000,Rigby and Strawberry Fields published the song by making large numbers of copies available to the public.Statements A through D deal with ownership of the copyright on the song and with the duration of the copyright.Which statement is legally accurate?

A)Rigby owns the copyright,which will expire 50 years after her death.
B)Rigby owns the copyright,which will expire in 2100.
C)Strawberry Fields owns the copyright,which will expire in 2075.
D)Strawberry Fields owns the copyright,which will expire 50 years after Rigby's death.

Question 36

A patent can be viewed as a contract between the inventor and who?

A)The federal government
B)The state government
C)The consumer
D)The International Office of Intellectual Property

Question 37

According to the Sonny Bono Copyright Term Extension Act (CTEA),the protection period for pre-1978 works is:

A)50 years.
B)65 years.
C)75 years.
D)95 years.

Question 38

How can a patentee transfer ownership of the patent to another party?

A)Specification
B)Assignment
C)Delegation
D)Infringement

Question 39

The damages recoverable in a patent infringement case cannot be less than:

A)court costs and interests.
B)reasonable royalty for the invention by the creator.
C)reasonable royalty for the use of the invention by the infringer.
D)three times the damages actually suffered,and to be decided by the court.

Question 40

A copyright comes into existence upon the:

A)creation and fixing of a protected work.
B)creation of an idea.
C)creation of a protected work.
D)creation of a message.

Question 41

A trademark owner who wins an infringement suit may obtain a(n)________ against uses of the mark that are likely to cause confusion.

A)license
B)assignment
C)injunction
D)writ

Question 42

Which section of the United States Constitution empowers Congress to promote progress of science by enacting copyright and patent laws?

A)Article I,§ 8
B)Article I,§ 15
C)Article 2,§ 5
D)Article 3,§ 1

Question 43

A trademark is considered to be abandoned when:

A)the owner fails to use it.
B)it acquires a generic meaning.
C)it has been obtained by fraud.
D)it is suggestive or arbitrary.

Question 44

Which of the following would have an argument for being exempt from using materials that were copyrighted?

A)A business owner attempting to make money off the materials
B)A news organization transmitting information to the public
C)A consumer attempting to avoid paying for the materials
D)An author who copies the materials to make money without permission

Question 45

As demonstrated in the case in the text,Kibler v.Hall,most of the court's attention in trademark infringement cases is concerned with the:

A)dispute over profits made by the defendants.
B)likelihood of confusion over the trademark.
C)time period of the trademark rights.
D)generic nature of the disputed trademark.

Question 46

To qualify as a trade secret,it must:

A)be developed through research.
B)be known to the general public.
C)be the work of a company.
D)possess sufficient value or originality.

Question 47

Any word,name,symbol,device,or combination thereof used by a manufacturer or seller to identify its products and distinguish them from the products of competitors is called a:

A)copyright.
B)trademark.
C)signature.
D)patent.

Question 48

Which of the following permits a firm to register a trademark in all its signatory nations simultaneously by filing an application for registration in any signatory nation and was joined by the United States in 2003?

A)The Berne Convention
B)The Paris Convention for the Protection of Industrial Property
C)The Madrid Protocol
D)The Kyoto Protocol

Question 49

What can the plaintiff usually elect to receive in lieu of the basic remedy in a case of copyright infringement?

A)Punitive damages
B)Liquidated damages
C)Special damages
D)Statutory damages

Question 50

Which of the following kinds of marks are denied placement on the Principal Register?

A)Those which are geographically descriptive
B)Those containing fanciful names
C)Those consisting of surnames
D)Those consisting of government insignia

Question 51

Which of the following characterizes the transfer of trademark rights?

A)It is much easier than transferring patent interests.
B)They may only be assigned to another person.
C)They cannot be sold unless it involves a sale of goods.
D)An uncontrolled license is generally not advised.

Question 52

In case of conflict of ownership between employee and employer over a trade secret,the employer is normally held to be the owner when:

A)the employee agreed to divulge or use trade secrets.
B)other employees had no contribution in the work.
C)the employee was hired to do work related to it.
D)the employee was not given adequate compensation for the work.

Question 53

Which type of marks are most likely to be registered for trademark protection?

A)Suggestive
B)Arbitrary
C)Descriptive
D)Generic

Question 54

What is the main aim of commercial torts?

A)To enable product creation for commercial purposes
B)To provide immunity in cases of fraud
C)To maintain standards of commercial morality
D)To ensure smoother commercial negotiations

Question 55

Which of the following sometimes serves as an alternative to claims of trademark infringement?

A)Trademark abandonment
B)Trademark dilution
C)Trademark protection
D)Trademark disparagement

Question 56

Susan was hired by Teddy & Co.as a sales woman.However,management,upon seeing her intelligence and capabilities allowed her to use the office library and research facility to create an inventive product.Susan now wants to patent the product in her own name.This is not permissible under the:

A)doctrine of equivalents.
B)respondeat superior doctrine.
C)shop right doctrine.
D)doctrine of assignment.

Question 57

A firm claiming a trade secret must show that it:

A)took reasonable measures to ensure secrecy.
B)gave adequate compensation for the work.
C)has a license to produce the product.
D)has enough research to back the product.

Question 58

Goods lawfully bearing trademarks or using patents and copyrighted material but entering the American markets without authorization are called ________.

A)counterfeit goods
B)Shanzai goods
C)black market goods
D)gray market goods

Question 59

Which of the following characterizes a trademark?

A)It includes generic terms.
B)It is easier to transfer trademark rights compared to patent rights.
C)Federal registration of a trademark lasts for 10 years.
D)Descriptive marks are protected on the basis of their primary meaning.

Question 60

A trade secret differs from a patent in that a trade secret:

A)grants a monopoly to the creator.
B)stimulates creative activity.
C)is guarded by the creator.
D)is nonpublic by definition.

Question 61

The ________ that the plaintiff is required to prove are his usual-and typically his only-remedy in injurious falsehood cases.

A)special damages
B)statutory damages
C)compensatory damages
D)punitive damages

Question 62

Which of the following is true of an injurious falsehood case?

A)It is the same as a tort of defamation.
B)The degree of fault required for liability is unclear.
C)Damages for emotional distress are not recoverable.
D)There is liability for false statements made in good faith.

Question 63

Which of the following exists when the owner of a trade secret retains title but allows the transferee certain uses of the secret?

A)Assignment
B)License
C)Delegation
D)Injunction

Question 64

In Coleman v.Retina Consultants,P.C. ,the case in the text,the court held that:

A)the noncompetition clause in the Software Agreement was enforceable as a matter of law.
B)Retina could only prohibit Coleman from marketing the program with a noncompetition agreement.
C)the plain language of the injunction exceeded the scope required of Coleman pursuant to the terms of the Software Agreement.
D)the software was not a trade secret because it's coding was available to the public.

Question 65

Which of the following is not likely to be considered a trade secret?

A)Famous cookbook recipes
B)Chemical formulas
C)Computer software
D)Detailed customer lists

Question 66

Which of the following is also termed slander of title or a trade libel?

A)Defamation
B)Injurious falsehood
C)Copyright infringement
D)Plagiarism

Question 67

Which of the following can be defined as any secret formula,pattern,process,program,device,method,technique,or compilation of information used in the owner's business,if it gives its owner an advantage over competitors who do not know it or use it?

A)Patent
B)Trademark
C)Copyright
D)Trade secret

Question 68

Which of the following is not a remedy for misappropriation of a trade secret?

A)Recovery of the plaintiff's actual losses
B)Recovery based on the defendant's unjust enrichment
C)Injunctive relief
D)Specific performance

Question 69

Information that is reasonably discoverable by proper means may not be protected as a trade secret.Which of the following would not constitute "proper means"?

A)Independent invention of the secret
B)Observation of a publicly displayed product
C)Reverse engineering of an illegitimately acquired product
D)Published literature

Question 70

In the case in the text,Lewis-Gale Medical Center,LLC v.Alldredge,the court held that the trial court erred because:

A)Lewis-Gale's actions did not demonstrate tortious interference with contract.
B)Lewis-Gale's actions fell so far outside the accepted practice of that "rough-and tumble" world as to constitute improper methods.
C)Tyson's statements,such as her use of the term "organizational terrorist" to describe Dr.Alldredge,were independently tortious and therefore rose to improper methods.
D)Lewis-Gale's actions were improper in that it used intimidation,duress,and undue influence based upon Lewis-Gale's ability to bring "financial ruin" on SWEP by canceling its contract to provide emergency room services to Lewis-Gale,which was SWEP's principal source of revenue.

Question 71

Which of the following statements about the Anticybersquatting Consumer Protection Act (ACPA)is true?

A)The ACPA authorizes a criminal action in favor of the trademark owner.
B)Many cases in which a trademark owner complains about another party's registration of a domain name have been submitted to arbitration,rather than to a court,in recent years.
C)Under the ACPA,the trademark owner's only remedy is to recover his/her actual damages.
D)The World Intellectual Property Organization is a leading provider of litigators for actions under the ACPA.

Question 72

Which tort would be appropriate for a plaintiff-businessperson to sue under if the defendant made a statement that impugns the plaintiff-businessperson's character or conduct?

A)Misappropriation
B)Defamation
C)Injurious falsehood
D)Fraudulent misrepresentation

Question 73

Which of the following characterizes section 43 (a)of the Lanham Act?

A)It is a consumer remedy.
B)It addresses everything except advertisements.
C)It is available only to commercial parties.
D)It creates a state law of unfair practices.

Question 74

In a case of intentional interference,a defendant generally escapes liability when his contract interference:

A)was guided by public interest.
B)was defamatory in nature.
C)was regarding prospective competitive advantage.
D)was guided by a void bargain.

Question 75

Which type of claims involve false representations that are likely to induce third parties to believe that the defendant's goods or services are those of the plaintiff?

A)Trade dress infringement claims
B)Commercial appropriation of name
C)False advertising claims
D)Passing-off claims

Question 76

In a lawsuit for intentional interference with contractual relations,the existing contract includes:

A)void bargains
B)illegal contracts
C)contracts to marry
D)unenforceable contracts

Question 77

When one party to a contract claims that the defendant's meddling with the other party's performance of the contract wrongly caused the plaintiff to lose the benefit of that performance,the plaintiff has a cause of action for:

A)interference with contractual relations.
B)injurious falsehood.
C)interference with prospective advantage.
D)misappropriation.

Question 78

Which tort involves the publication of false statements that disparage another's business,property,or title to property,and thus harm her economic interests?

A)Defamation
B)Injurious falsehood
C)Misappropriation
D)Fraudulent misrepresentation

Question 79

Which of the following statements about noncompetition agreements is false?

A)Without a noncompetition agreement,the ex-employee is normally free to compete with her former employer on the basis of trade secrets and skills obtained during the employment relationship.
B)Noncompetition agreements often go well beyond the important and legally recognized interest in preserving trade secrets.
C)Noncompetition agreements that strike the court as too broad may be ruled unenforceable.
D)Noncompetition agreements that extend beyond trade secret protection will be enforced if they have narrowly defined terms of duration,geographic area,and a relationship to legitimate business interests of the employer.

Question 80

Which of the following creates civil liability for a wide range of false,misleading,confusing,or deceptive representations made in connection with goods or services?

A)Economic Espionage Act of 1996
B)America Invents Act
C)Section 43(a)of the Lanham Act
D)Defend Trade Secrets Act