Question 1

Internet service providers were required by the Digital Millennium Copyright Act (DMCA) to take down or cease transmission of information that is reported to be an infringement of copyright.

Accepted Answer

A) True 
 B)False

Question 2

is an illegal use of patents that occurs when a holder issues a license to another individual to use a patented object only if the licensee agrees to buy some non-patented product from the holder.

Accepted Answer

A)   Cross-licensing
B)   Full-line vending
C)   Franchising
D)   Tying arrangement

Question 3

Collective marks are marks identifying the producers as belonging to a larger group.

Accepted Answer

A) True 
 B)False

Question 4

A is a compilation of information that is not known to the public and gives a businessperson an advantage over his or her competitors.

Accepted Answer

A)   patent
B)   utility model
C)   Madrid system
D)   trade secret

Question 5

A copyright infringer can be prohibited from reproducing a copyrighted work .

Accepted Answer

A)   90 years after the death of the creator, if the copyright holder is not a publisher
B)   even if the copyrighted work is not registered
C)   even if the copyrighted work is freely distributed without notice of copyright
D)   if the infringer is parodying the copyrighted work

Question 6

Which of the following can be protected using trade secret law?

Accepted Answer

A)   a short story written on a word processor
B)   a logo used to identify a business
C)   the product formula used to manufacture a famous soft drink
D)   a computer program that calculates compound interest

Question 7

Which of the following statements is true about trademarks?

Accepted Answer

A)   The owner of an unregistered mark may recover damages from an infringer.
B)   An injunction prohibiting an infringer from using a trademark is provided only if the mark is registered.
C)   A trademark that uses the name of a person cannot be registered with the Patent Office.
D)   The Patent Office will not register a trademark that is generic, descriptive, or deceptive.

Question 8

Which of the following statements is true of the fair use doctrine?

Accepted Answer

A)   It allows portions of patent designs to be reproduced for the purposes of criticism and reporting.
B)   Parodies of copyrighted works are not protected by the fair use doctrine.
C)   It outlawed distribution or copying of copyrighted material over the Internet regardless of profits or profit-making intent.
D)   To decide whether a reproduction is fair use, courts consider the commercial impact of the use on the copyrighted work.

Question 9

Which of the following is an incorrect statement regarding copyrights?

Accepted Answer

A)   Under the common law of copyright, any infringer may be enjoined from reproducing a copyrighted work.
B)   For the creator to be able to sue the infringer to recover damages arising from the infringement, the copyrighted work must be registered.
C)   Titles may be copyrighted.
D)   Short phrases may not be copyrighted.

Question 10

Which of the following is an incorrect statement regarding a patent?

Accepted Answer

A)   Once a patent is issued, it gives its holder the exclusive right to produce, sell, and use the object of the patent in perpetuity.
B)   The holder of a patent may license, or allow others to manufacture and sell, the patented object.
C)   In most cases, patents are licensed in exchange for the payment of royalties, a sum of money paid for each use of the patented process.
D)   The only restriction on the patent holder is that he or she may not use the patent for an illegal purpose.

Question 11

What are the steps to be taken by a creator to be able to sue an infringer for damages arising from a copyright infringement?

Accepted Answer

Under the common law of copyright, any i...

Question 12

Explain the process of registering a trademark with the U.S. Patent Office.

Accepted Answer

To register a mark with the Patent Offic...

Question 13

Which of the following is an incorrect statement regarding the Federal Trademark Dilution Act of 1995?

Accepted Answer

A)   Trademark dilution occurs through blurring.
B)   Trademark dilution occurs through tarnishment.
C)   Blurring occurs when someone uses a mark in a way that causes the famous mark to be linked with an inferior quality product or an unwholesome category of products.
D)   Blurring occurs when the distinctiveness of the famous mark is reduced by its association with a similar mark.

Question 14

Which of the following is an incorrect statement regarding copyrights?

Accepted Answer

A)   Copyrights protect the expression of creative ideas.
B)   Copyrights protect the fixed form of expression of ideas.
C)   Copyrights protect ideas themselves.
D)   Copyrights protect a diverse range of creative works such as books, lectures, and computer programs.

Question 15

Under common law, to enjoin a competitor from continuing the use of a trade secret, or to recover damages caused by the use of the secret, a plaintiff must prove that the defendant acquired it through unlawful means.

Accepted Answer

A) True 
 B)False

Question 16

Which of the following statements is true about trade secrets?

Accepted Answer

A)   A trade secret is a distinctive mark, word, design, picture, or arrangement used by the producer of a product that tends to cause consumers to identify the product with the producer.
B)   Inventions and designs are not considered as trade secrets.
C)   A trade secret is protected by the common law as long as it is kept secret and comprises elements not generally known in the trade.
D)   If a trade secret is discovered by a competitor through reverse engineering, the competitor may not profit from the discovery without paying royalties to the party holding the trade secret.

Question 17

licensing occurs when two patent holders license each other to use their patents only on the condition that neither licenses anyone else to use his or her patent without the other's consent.

Accepted Answer

A)   Parallel
B)   Congruent
C)   Counter-
D)   Cross-

Question 18

Which of the following statements is true about trade dress?

Accepted Answer

A)   The main focus of a case of trade-dress infringement is usually on whether the trade dress is primarily functional.
B)   One of the elements that a party must prove to succeed on a claim of trade-dress infringement is that the alleged infringement creates a likelihood of confusion.
C)   Trade dress is entitled to lesser protection than a trademark.
D)   Trade dress must be registered to receive protection from the law.

Question 19

Which of the following statements is true about common illegal uses of patents?

Accepted Answer

A)   A tying arrangement occurs when the patent holder issues a license to use the patented object only if the licensee agrees also to buy some non-patented product from the holder.
B)   A tying arrangement occurs when the patent holder issues a license to use the patented object in a manner dictated by the patent holder.
C)   Cross-licensing occurs when two patent holders sell their patents to one another.
D)   Cross-licensing occurs when a patent holder extends his or her patent to cover a similar object.

Question 20

Paul is the owner of a newly-opened theme park. A rival theme park named Sunny Universe has accused Paul of copying its theme and filed a trade-dress infringement suit against Paul. Which of the following should Sunny Universe prove in order to win the case?

Accepted Answer

A)   Sunny Universe's theme has been registered with the Patent Office under the Lanham Act of 1947.
B)   Sunny Universe's theme is primarily functional.
C)   The theme adopted by Sunny Universe is inherently distinct and has acquired a secondary meaning.
D)   The theme adopted by Paul's theme park is unlikely to create confusion among customers.

Exam 14: Intellectual Property

Which of the following is an incorrect statement regarding a patent?

Correct AnswerverifiedShow Answer

Collective marks are marks identifying the producers as belonging to a larger group.

Correct AnswerverifiedShow Answer

Under common law, to enjoin a competitor from continuing the use of a trade secret, or to recover damages caused by the use of the secret, a plaintiff must prove that the defendant acquired it through unlawful means.

Correct AnswerverifiedShow Answer

Explain the process of registering a trademark with the U.S. Patent Office.

Correct AnswerverifiedTo register a mark with the Patent Offic...View AnswerShow Answer

What are the steps to be taken by a creator to be able to sue an infringer for damages arising from a copyright infringement?

Correct AnswerverifiedUnder the common law of copyright, any i...View AnswerShow Answer

is an illegal use of patents that occurs when a holder issues a license to another individual to use a patented object only if the licensee agrees to buy some non-patented product from the holder.

Correct AnswerverifiedShow Answer

licensing occurs when two patent holders license each other to use their patents only on the condition that neither licenses anyone else to use his or her patent without the other's consent.

Correct AnswerverifiedShow Answer

Which of the following statements is true about trademarks?

Correct AnswerverifiedShow Answer

Which of the following is an incorrect statement regarding the Federal Trademark Dilution Act of 1995?

Correct AnswerverifiedShow Answer

Which of the following statements is true about trade secrets?

Correct AnswerverifiedShow Answer

Paul is the owner of a newly-opened theme park. A rival theme park named Sunny Universe has accused Paul of copying its theme and filed a trade-dress infringement suit against Paul. Which of the following should Sunny Universe prove in order to win the case?

Correct AnswerverifiedShow Answer

A is a compilation of information that is not known to the public and gives a businessperson an advantage over his or her competitors.

Correct AnswerverifiedShow Answer

Which of the following is an incorrect statement regarding copyrights?

Correct AnswerverifiedShow Answer

Which of the following statements is true about common illegal uses of patents?

Correct AnswerverifiedShow Answer

Which of the following can be protected using trade secret law?

Correct AnswerverifiedShow Answer

Which of the following is an incorrect statement regarding copyrights?

Correct AnswerverifiedShow Answer

Internet service providers were required by the Digital Millennium Copyright Act (DMCA) to take down or cease transmission of information that is reported to be an infringement of copyright.

Correct AnswerverifiedShow Answer

Which of the following statements is true about trade dress?

Correct AnswerverifiedShow Answer

Which of the following statements is true of the fair use doctrine?

Correct AnswerverifiedShow Answer

A copyright infringer can be prohibited from reproducing a copyrighted work .

Correct AnswerverifiedShow Answer

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To register a mark with the Patent Offic...
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Under the common law of copyright, any i...
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