Deck 12: Intellectual Property

Question 1

An invention might be protected by trade secret.

Answer 1

True

Question 2

China's lax enforcement of intellectual property laws have created tension between the United States and China.

Answer 2

True

Question 3

Which of the following was the result on appeal in Crown Awards,Inc. ,v.Discount Trophy & Communication,Inc. ,the case in the text involving whether the defendant violated the plaintiff's copyright on a type of trophy?

A)That the defendant was entitled to a judgment in its favor because the defendant's product was not identical to the plaintiff's product.
B)That the trial court correctly found that proof of actual access to the infringed product was required,that actual access was established,and that the defendant's product was an exact copy of the plaintiff's product,thereby entitling the plaintiff to a judgment in its favor.
C)That the facts established a reasonable possibility that the manufacturer had access to the plaintiff's work and that considering the similarities between the works,the plaintiff was entitled to prevail.
D)That the trial court erred in refusing to require proof that the defendant had actual access to the trophy design at issue.
E)That the trial court correctly found that the defendant had access to the product but that copying was allowed because the plaintiff had not properly protected its work.

Answer 3

C
Explanation: A)The appellate court concluded that the plaintiff was not required to prove actual access to its trophy design;that the facts established a "reasonable possibility" of access to the plaintiff's design;and that defendant's product,while not identical to the plaintiff's,copied protectable aesthetic decisions to an extent that the "total concept and feel" between plaintiff's trophy and defendant's trophy were the same.
B)The appellate court concluded that the plaintiff was not required to prove actual access to its trophy design;that the facts established a "reasonable possibility" of access to the plaintiff's design;and that defendant's product,while not identical to the plaintiff's,copied protectable aesthetic decisions to an extent that the "total concept and feel" between plaintiff's trophy and defendant's trophy were the same.
C)The appellate court concluded that the plaintiff was not required to prove actual access to its trophy design;that the facts established a "reasonable possibility" of access to the plaintiff's design;and that defendant's product,while not identical to the plaintiff's,copied protectable aesthetic decisions to an extent that the "total concept and feel" between plaintiff's trophy and defendant's trophy were the same.
D)The appellate court concluded that the plaintiff was not required to prove actual access to its trophy design;that the facts established a "reasonable possibility" of access to the plaintiff's design;and that defendant's product,while not identical to the plaintiff's,copied protectable aesthetic decisions to an extent that the "total concept and feel" between plaintiff's trophy and defendant's trophy were the same.
E)The appellate court concluded that the plaintiff was not required to prove actual access to its trophy design;that the facts established a "reasonable possibility" of access to the plaintiff's design;and that defendant's product,while not identical to the plaintiff's,copied protectable aesthetic decisions to an extent that the "total concept and feel" between plaintiff's trophy and defendant's trophy were the same.

Question 4

Copyrights protect ideas themselves.

Question 5

As long as copies are used only for educational purposes,a teacher cannot be held liable for copyright infringement under the Fair Use Doctrine

Question 6

Evidence of actual confusion is a prerequisite for the plaintiff to recover in a trademark infringement action,as in the case of Toys "R" Us,Inc. ,v.Canarsie Kiddie Shop,Inc

Question 7

What was the finding of the jury at the trial court level in the Case Opener involving Apple's claim that Samsung copied Apple's design of the iPhone and iPad and Samsung's claim that Apple infringed Samsung's patents?

A)That Apple infringed Samsung's patents but that Samsung did not infringe Apple's patents.
B)That Samsung infringed Apple's patents but that Apple did not infringe Samsung's patents.
C)That Apple infringed Samsung's patents,that Samsung infringed Apple's patents,and that damages would be awarded to both parties.
D)That Samsung did not infringe Apple's patents and that Apple did not infringe Samsung's patents.
E)That Samsung infringed Apple's patents,that Apple infringed Samsung's patents,but that no damages would be awarded to either party because they were both guilty of misconduct.

Question 8

A trademark does not encompass ideas such as storefront design and shelves in a store.

Question 9

Copyrights protect the expression of creative ideas.

Question 10

A person who applies for a domain name on the Internet must state in the application that the name will not infringe on anyone else's intellectual property rights.

Question 11

Property that is primarily the result of mental creativity rather than physical effort is protected by the laws of intellectual property.

Question 12

The organization responsible for registering domain names on the Internet is Network Solutions,Inc. ,which is funded by the National Science Foundation.

Question 13

A tying arrangement occurs when the holder issues a license to use a patented object only if the licensee agrees to buy some non-patented product from the holder.

Question 14

In order to be patentable,an invention must not be one that a person of ordinary skill in the trade could have easily discovered.

Question 15

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

Question 16

Which of the following was the result in the case in the text in which the record industry sued Napster,a peer-to-peer file-sharing network,to stop the exchange of digital music files?

A)Napster could continue its file sharing network because users were transferring the format of the files,which was a fair use.
B)Although the court found that it was a fair use,Napster was ordered to cease its network because of the harm to the record industry.
C)Napster could continue its file sharing network because it was a fair use.
D)Because the user was sharing files with others users,it was not a fair use.
E)Since there was no actual harm in the exchange of digital music files,Napster could continue its file sharing network.

Question 17

Trade dress is entitled to the same protection as a trademark.

Question 18

Aleem properly filed for a patent on a new machine with the U.S.Patent and Trademark Office.Erin,who had been working on the same type of machine was furious when she learned about Aleem'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 Aleem'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?

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

Question 19

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 digital music files to be shared directly between users without going through a centralized server?

A)There was no evidence that the defendants profited from the site allowing file sharing and,therefore,the district court properly dismissed the lawsuit.
B)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.
C)The defendants had no responsibility to develop filtering tools or other mechanisms to diminish infringing activity and the district court properly dismissed the lawsuit.
D)The defendants' peer-to-peer file sharing service was struck down by the Supreme Court.
E)The district court properly dismissed the suit because the system at issue had both legal and illegal uses.

Question 20

Typically,a plaintiff does not need to show consumer confusion in a trademark dilution action.

Question 21

Which of the following 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"?

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

Question 22

Which of the following is a mark affixed to a good,its packaging,or its labeling?

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

Question 23

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

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

Question 24

Which statement is accurate regarding whether the shape of a product or package may be a trademark?

A)The shape of a product may be a trademark if it is nonfunctional but the shape of a package may not be a trademark.
B)The shape of a product or package may be a trademark if it is nonfunctional.
C)The shape of a product may be a trademark if it is functional but the shape of a package may not be a trademark.
D)The shape of a package may be a trademark if it is nonfunctional,but the shape of a product may not be a trademark.
E)The shape of a product or package may be a trademark if it is functional.

Question 25

A mark that requires imagination,thought,and perception to reach a conclusion as to the nature of the goods is known as which kind of mark?

A)Generic
B)Suggestive
C)Descriptive
D)Conclusory
E)Artful

Question 26

When must a trademark be renewed for the first time once a trademark is registered?

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

Question 27

If a trademark is unregistered,which of the following may the holder recover when an infringer uses the mark to pass off goods as being those of the mark owner?

A)An additional amount of damages computed as a multiplier of 5 times the original damages.
B)Damages and an injunction prohibiting the infringer from using the mark.
C)Only an injunction prohibiting the infringer from using the mark.
D)Only damages.
E)Damages,an injunction prohibiting the infringer from using the mark,and additional damages based on a multiplier of 5 times the original damages.

Question 28

A[n] ________ is a distinctive mark,word,design,picture,or arrangement that is used by a producer in conjunction with a product and tends to cause consumers to identify the product with the producer.

A)Patent
B)Trademark
C)Intellectual Property
D)Trade secret
E)Copyright

Question 29

What is the effect of actual confusion when trademark infringement is alleged?

A)It is a prerequisite for the plaintiff to recover.
B)It is a weak indication that there is a likelihood of confusion.
C)It is a strong indication that there is a likelihood of confusion and also that the plaintiff will bridge the gap.
D)It is not a prerequisite for the plaintiff to recover but it is a strong indication that there is a likelihood of confusion.
E)It is a strong indication that the plaintiff will bridge the gap.

Question 30

A trademark must be registered with the U.S.Patent and Trademark Office under the Lanham Act of 1947 to be protected in ________ use.

A)Interstate,intrastate,and commercial
B)Interstate and intrastate
C)Commercial
D)Interstate
E)Intrastate

Question 31

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

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

Question 32

How are people and businesses located on the web?

A)Through Internet names
B)Through product names
C)Through domain names
D)Through search engines
E)Through trademark names

Question 33

The fruits of one's mind constitute what kind of property?

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

Question 34

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?

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

Question 35

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 ________.

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

Question 36

As referenced in the case in the text,Toys "R" Us,Inc. ,v.Canarsie Kiddie Shop,Inc. ,which of the following is true regarding generic terms?

A)Generic terms are eligible for protection as trademarks only if they have been used for at least ten years.
B)Generic terms are eligible for protection as trademarks only if they have been used for at least seven years.
C)Generic terms are not eligible for protection as trademarks.
D)The rule that generic terms are ineligible for protection as trademarks does not apply to sub-classifications or varieties of goods.
E)The rule that generic terms are ineligible for protection as trademarks does not apply to words that designate an entire species of products.

Question 37

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

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

Question 38

Which of the following correctly lists the categories that a mark may fall into in order of ascending strength weakest to strongest)?

A)Descriptive,generic,suggestive,arbitrary or fanciful.
B)Generic,suggestive,descriptive,arbitrary or fanciful.
C)Arbitrary or fanciful,generic,descriptive,suggestive.
D)Generic,descriptive,suggestive,arbitrary or fanciful.
E)Suggestive,generic,descriptive,arbitrary or fanciful.

Question 39

Which of the following is an example of a product developing secondary meaning?

A)A company has illegally misappropriated a trademark and has used it in second place to identify a product.
B)Customers hear of the term through a secondary source such as media advertising.
C)A company has agreed to only use a trademark secondarily after the primary user has abandoned it.
D)Customers identify a certain color as identifying a company's product.
E)A product has secondary meaning in the minds of consumers as to usefulness.

Question 40

Assuming a trademark was initially registered after 1990,how often must the trademark be renewed after the initial renewal?

A)Every twelve years.
B)Every eleven years.
C)Every nine years.
D)Every thirteen years.
E)Every ten years.

Question 41

Which of the following was developed by the United Nations as an alternative for countries who wanted to participate in some form of multilateral protection of copyrights,but did not want to agree to the terms of the Berne Convention?

A)The Signatory Agreement
B)The US-Soviet Agreement
C)The Universal Copyright Convention
D)The Paris Convention
E)The Agreement on Trade-Related Aspects of Intellectual Property Rights

Question 42

The address of a government website ends with ________.

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

Question 43

The address of a business website ends with ________.

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

Question 44

Which of the following is a principle of The Paris Convention of 1883?

A)Nonconditional protection
B)Complex treatment
C)Enforcement priority
D)Treaty affirmation
E)National treatment

Question 45

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

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

Question 46

Which of the following is true regarding what may be the subject of a patent?

A)Only products may be the subject of patents.
B)A product,a process,an invention,or a plant produced by asexual reproduction may be the subject of a patent.
C)Only processes may be the subject of patents.
D)Only inventions may be the subject of patents.
E)An invention may be the subject of a patent,but a plant produced by asexual reproduction may not be the subject of a patent.

Question 47

The address of an organization website ends with ________.

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

Question 48

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

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

Question 49

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

A)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.
B)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.
C)It provides that it is legal for a person to infringe a copyright so long as financial gain is not involved.
D)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.
E)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.

Question 50

Which of the following is false regarding trade secret protection?

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

Question 51

Regarding Jonah's claim that actual confusion among consumers did not exist,which statement is accurate?

A)Evidence of actual confusion is not a prerequisite for the plaintiff to recover.
B)Evidence of actual confusion among consumers is a necessary predicate to recovery only if secondary meaning cannot be established.
C)Evidence of actual confusion is unnecessary if the plaintiff's sales have decreased at least 10% since the use of the alleged offending product began.
D)Evidence of actual confusion is necessary to recover only if secondary meaning is relied upon as a theory of recovery.
E)Evidence of actual confusion among consumers is a necessary predicate to recovery.

Question 52

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

A)Color can be a trademark regardless of whether it identifies goods with their source.
B)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.
C)Color may be a trademark if it identifies goods with their source.
D)Color may not be a trademark.
E)Color can be considered in a trademark infringement case only if another primary trademark infringement has been established.

Question 53

Regarding Marcus' claim that the name Jonah chose violates his trademark protection,which statement is accurate?

A)In order to constitute trademark violation,Jonah's store would need to have been called the exact same thing as Marcus' store without the "II."
B)A key inquiry is whether the defendant sold goods or services to customers that likely would have been customers of the plaintiff were the defendant not in business.
C)A key inquiry is whether a similarity exists which is likely to cause confusion applied from the perspective of the defendant.
D)The key inquiry is whether a similarity exists which is likely to cause confusion from the perspective of the plaintiff meaning that the plaintiff has acted willfully.
E)The key inquiry is whether a similarity exists which is likely to cause confusion applied from the perspective of prospective purchasers.

Question 54

When a patent is issued for an object,it gives its holder the exclusive right to produce,sell,and use the object of the patent for ________ years from the date of application.

A)Twenty
B)Forty
C)Ten
D)Fifty
E)Thirty

Question 55

Which of the following provides that a portion of a copyrighted work may be reproduced for purposes of criticism,comment,news reporting,teaching,scholarship,and research?

A)The Limited Use Doctrine
B)The Trade Use Doctrine
C)The Copyright Use Doctrine
D)The Approved Use Doctrine
E)The Fair Use Doctrine

Question 56

The question of whether Marcus intends to expand into the area of dog grooming product sales is relevant to which concept in a consideration of trademark infringement?

A)The possibility of bridging the gap
B)The possibility of building the bridge
C)The possibility of twin competition
D)The possibility of actual confusion
E)The possibility of sweeping the product

Question 57

Tomas took a number of wedding photos at Maura's wedding.He was paid as the photographer.On all of the photographs,he appropriately noted in the bottom right-hand corner information showing that he was claiming copyright protection.Maura came to see Tomas three years after the initial photographs were taken and requested that he grant her permission to run off as many copies as she wanted at the local photo shop from the pictures that she initially purchased.The photo shop had refused to reproduce the photographs without his permission.When he refused to give her permission to do so,Maura started a heated argument.She told Tomas that photographs are not entitled to copyright protection.She also told him that even if he was correct that there was some copyright protection,it only lasted for two years and that,in any event,damages for copyright infringement are unavailable.
Regarding Maura's claim that photographs are not subject to copyright protection,which statement is accurate?

A)She is correct but only because family pictures are involved.Family pictures may not be the subject of copyright,but landscape photographs may be the subject of copyright protection.
B)She is partially correct.Tomas was entitled to copyright protection on the first picture.After Maura purchased the first picture,however,she could make as many copies as she wanted.
C)She is correct.Photographs are not subject to copyright protection even if taken by a professional photographer.
D)She is correct only because Tomas had not registered the photographs for copyright protection.
E)She is incorrect.Photographs may be the subject of copyright protection.

Question 58

Regarding trade secret protection,which statement is accurate?

A)A trade secret is protected from unlawful appropriation by competitors for seventy years.
B)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.
C)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.
D)A trade secret is protected from unlawful appropriation by competitors for twenty years.
E)A trade secret is protected from unlawful appropriation by competitors for ten years.

Question 59

The address of a network website ends with ________.

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

Question 60

Which of the following is the oldest treaty designed to protect artistic rights?

A)The 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights
B)The Geneva Convention of 1860
C)The Paris Convention of 1883
D)The Berne Convention of 1886
E)The Universal Copyright Convention of 1952,as revised in 1971

Question 61

Which of the following is true about the requirements for trademark dilution and trademark infringement?

A)Both require the mark be famous and a showing of consumer confusion.
B)Only infringement requires the mark be famous;only dilution requires a showing of consumer confusion
C)Only dilution requires the mark be famous;only infringement requires a showing of consumer confusion.
D)Both require the mark be famous.
E)Both require a showing of consumer confusion.

Question 62

Natalia owns Balloon Heaven,a popular restaurant in which patrons sit in faux hot air balloons and the walls and ceiling are painted like the sky.Natalia registered her mark,which consists of the restaurant name in the basket of a rainbow-colored hot air balloon.After Natalia's success,Benji opened a restaurant called Heavenly Balloons on the other side of town.The décor of Heavenly Balloons is similarly crafted to give the patron the impression of eating in the basket of a hot air balloon,with similar tables and paintings.Benji's logo,which appeared on billboards and local advertisements,depicts a rainbow-colored hot air balloon with the restaurant's name in the balloon.Several customers have congratulated Natalia on opening a second restaurant and on the billboards appearing around town.
To succeed on a claim of trade-dress infringement,what must Natalia prove?

A)Likelihood of confusion.
B)The trade dress is primarily nonfunctional,inherently distinctive or has secondary meaning,and the alleged infringement creates a likelihood of confusion.
C)The trade dress is primarily nonfunctional,has secondary meaning,and the alleged infringement creates a likelihood of confusion.
D)The trade dress is inherently distinctive,has secondary meaning,and the alleged infringement creates a likelihood of confusion.
E)The trade dress is inherently distinctive or has secondary meaning,and the alleged infringement creates a likelihood of confusion.

Question 63

Which of the following was the result on appeal in In Re Simon Shiao Tam,the case in the text involving a challenge to the Lanham Act's requirement that a mark not be disparaging?

A)The court found the disparagement requirement to be constitutional under the First Amendment,but because the mark was derogatory,affirmed the government's denial of the "Slants" mark.
B)The court found the disparagement requirement to be unconstitutional under the First Amendment,but affirmed the government's denial of the "Slants" mark.
C)The court found the disparagement requirement did not violate the First Amendment,but refused to comment on whether or not the "Slants" mark was disparaging.
D)The court found the disparagement requirement to be unconstitutional under the First Amendment,thus the denial of the "Slants" mark was vacated.
E)The court found the disparagement requirement to be constitutional under the First Amendment,thus the denial of the "Slants" mark was affirmed.

Question 64

If Tomas decides to register the photographs for copyright protection,how would he go about doing so?

A)He would register by filing a form with the Register of Copyright and providing two copies of the copyrighted materials to the Library of Congress.
B)He only has to provide two copies of the copyrighted materials to the Library of Congress.
C)He would register by affixing the appropriate symbol at the bottom of the photograph followed by the first date of publication and his name.
D)He only has to register by filing a form with Register of Copyright.
E)He would register by filing notice with the Copyright Protection Office.

Question 65

Regarding Maura's claim pertaining to damages,which statement is accurate?

A)It is not necessary that a copyrighted work be registered in order for the creator to obtain damages.
B)It is necessary for a photograph to be registered before the creator may obtain damages,but that is not true for other materials subject to copyright.
C)She is correct that damages are unavailable in copyright infringement actions.
D)Damages are available,but a copyrighted work must be registered in order for the creator to recover damages from infringement.
E)Some material that is subject to copyright must be registered before its creator may recover damages for infringement,but that is not true for photographs.

Question 66

Which of the following statements,if true,would best support dismissal of the lawsuit against Saya?

A)Saya's product,which contained the same ideas as in Ramona's patent,was already in existence before Ramona filed her patent application
B)Saya's product functions more efficiently than Ramona's product.
C)Ramona sold her product before the patent was issued.
D)Ramona sold her product before filing her patent application
E)Saya had the idea for the product ten years ago,but did not have time to perfect it.

Question 67

Ramona has an idea for an electric animal brush that vacuums the animal hair and transforms it into usable sewing thread.Ramona calls her device the Hair-2-Thread and begins selling the device in January.Later that year,she decides the device would sell better if she had a patent,and she files the patent application in December.After finally receiving the patent the following year,Ramona discovers a similar device,the HairSew is being sold by Saya and files a patent infringement lawsuit.
Where could Ramona file a patent infringement suit?

A)A federal court
B)A state court.
C)Any federal court or the USPTO
D)Any state or federal court.
E)The USPTO.

Question 68

Regarding Maura's claim that copyright protection on a photograph only extends for a maximum of two years,which statement is accurate?

A)She is incorrect,and a copyrighted work that is reproduced with the appropriate notice affixed is protected for the life of its creator plus ten years.
B)She is incorrect,and a copyrighted work that is reproduced with the appropriate notice affixed is protected for the life of its creator plus seventy years.
C)She is correct.
D)She is incorrect,and a copyrighted work that is reproduced with the appropriate notice affixed is protected for the life of its creator plus fifty years.
E)She is incorrect,and a copyrighted work that is reproduced with the appropriate notice affixed is protected for the life of its creator plus thirty years.

Question 69

The agreement between Felicia and Evan is what type of agreement?

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

Question 70

Payments that Felicia would receive from Mei for the sale of the mask are referred to as which of the following?

A)Receipts
B)Profits
C)Royalties
D)Illegal
E)Payoffs

Question 71

Saya believes the reexamination request is a good strategy because it will slow down the litigation against her.Is she correct?

A)No,although such requests are frequently granted,the USPTO makes a determination rather quickly in such cases.
B)Yes,such requests are frequently granted,a determination may take years,and courts often prefer the USPTO to complete the reexamination before litigation may proceed.
C)No,because a court will perform the reexamination,not the USPTO.
D)No,reexamination requests are rare and a court will order the USPTO to make a quick determination.
E)No,although reexamination requests are rare,the USPTO makes a determination rather quickly in such cases.

Question 72

Do both state and federal law protect against trademark dilution?

A)Every state has a law against trademark dilution and there is a federal law.
B)Only some states have trademark dilution laws,but there is no federal law.
C)Both federal law and some states have trademark dilution laws.
D)Every state has a law against trademark dilution,but there is no federal law.
E)There is a federal law,but no state law.

Question 73

If Ramona is successful in her patent infringement action,what type of result could she be entitled to receive?

A)An injunction prohibiting further sale or use of the infringing product by the infringer and also an award of damages.
B)Damages only
C)An injunction prohibiting further sale or use of the infringing product by the infringer and an order for destruction of the infringing property,but not damages.
D)An injunction prohibiting further sale or use of the infringing product by the infringer,but not damages.
E)An order for destruction of the infringing property and damages,but not an injunction.

Question 74

If Saya decides to ask the USPTO to reexamine Ramona's patent,what is she asking the USPTO to do?

A)To consider whether Ramona's patent application was filed for inappropriate purposes.
B)To consider if Saya's product better qualifies for patent protection.
C)To consider whether Ramona's patent invalidates prior art and whether it should have in fact been issued.
D)To consider if Ramona's patent actually infringes on Saya's product.
E)To consider whether Ramona's patent application was timely filed.

Question 75

Saya claims Ramona's patent is invalid because Ramona sold the product before filing her patent application.Is Saya correct?

A)Yes,because Ramona must receive the patent before offering the product for sale.
B)Yes,because Ramona must file the patent application within six months of offering the product for sale.
C)No,because Ramona had two years to file the patent application after offering the product for sale.
D)No,because Ramona filed the patent application within a year after offering the product for sale.
E)Yes,because Ramona must file the patent application before offering the product for sale.

Question 76

[Scuba Diving] Felicia 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 Mei to manufacture and sell the mask.She receives a sum of money for every mask that Mei sells.Felicia also entered into an agreement with Evan to allow him to sell the masks,but only if he also purchased non-patented diving suits from Felicia.All parties proceeded to do very well with their sales.
Felicia's agreement with Mei allowing Mei to sell the mask is referred to as which of following?

A)A franchise agreement
B)A license
C)An illegal agreement
D)A patent agreement
E)A trade agreement

Question 77

Which of the following statements,if true,would be most likely to support a finding that Benji's mark does not infringe on Natalia's mark?

A)If Benji's restaurant served completely different types of food.
B)If customers called Benji's establishment looking for Natalia.
C)In the logos,Benji's rainbow is arched;Natalia's is not.
D)If the font in Benji's logo were smaller.
E)If Benji's establishment is not a restaurant,but a balloon store.

Question 78

In determining whether a mark infringes on a registered trademark,which of the following factors would the court be least likely to consider:

A)The sophistication of consumers.
B)The similarity of the products or services in issue.
C)The market share of the plaintiff and defendant.
D)The intent of the defendant to palm off its product as that of another.
E)The similarity of the two marks.

Question 79

________ occurs when a mark is used without permission on completely unrelated goods,potentially diminishing the value of the mark.

A)Bridging the gap
B)Trademark dilution
C)Trademark theft
D)Impermissible use
E)Unfair use

Question 80

If Natalia includes a claim that Heavenly Balloon's mark infringed on her trademark,how would a court most likely rule?

A)For Benji,because sophisticated consumers would know the difference.
B)For Natalia,but only because of the similarity in color of the two marks.
C)For Benji,because the restaurant names are not identical.
D)For Natalia,but only because of the evidence that consumers were confused by the two marks.
E)For Natalia,because consumers are likely to be confused by the two marks.