Question 1

Susan was hired by Teddy & Co. as a sales woman. However, the management on 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:

Accepted Answer

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

Question 2

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

Accepted Answer

A) True 
 B)False

Question 3

Which of the following characterizes the transfer of trademark rights?

Accepted Answer

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 4

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

Accepted Answer

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

Question 5

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

Accepted Answer

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

Question 6

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

Accepted Answer

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 7

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

Accepted Answer

A) True 
 B)False

Question 8

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

Accepted Answer

A) True 
 B)False

Question 9

In a copyright infringement case, the successful plaintiff may recover either the damages sustained by the plaintiff or the profits realized by the defendant, but not both.

Accepted Answer

A) True 
 B)False

Question 10

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 skill in the area.

Accepted Answer

A) True 
 B)False

Question 11

What is the main aim of commercial torts?

Accepted Answer

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 12

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:

Accepted Answer

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

Question 13

Most of the court's attention in trademark infringement cases is concerned with the:

Accepted Answer

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 14

What is patent infringement?

Accepted Answer

Patent infringement occurs whe...

Question 15

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

Accepted Answer

A) True 
 B)False

Question 16

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

Accepted Answer

A) True 
 B)False

Question 17

A trademark is considered to be abandoned when:

Accepted Answer

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 18

What is the first-to-invent rule?

Accepted Answer

Under the first-to-invent rule, a person...

Question 19

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.

Accepted Answer

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

Question 20

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

Accepted Answer

A) True 
 B)False

Exam 8: Intellectual Property and Unfair Competition

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 skill in the area.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

In a copyright infringement case, the successful plaintiff may recover either the damages sustained by the plaintiff or the profits realized by the defendant, but not both.

Correct AnswerverifiedShow Answer

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:

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

What is the first-to-invent rule?

Correct AnswerverifiedUnder the first-to-invent rule, a person...View AnswerShow Answer

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

Correct AnswerverifiedShow Answer

What is patent infringement?

Correct AnswerverifiedPatent infringement occurs whe...View AnswerShow Answer

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

Correct AnswerverifiedShow Answer

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.

Correct AnswerverifiedShow Answer

Most of the court's attention in trademark infringement cases is concerned with the:

Correct AnswerverifiedShow Answer

What is the main aim of commercial torts?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

A trademark is considered to be abandoned when:

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Which of the following characterizes the transfer of trademark rights?

Correct AnswerverifiedShow Answer

Susan was hired by Teddy & Co. as a sales woman. However, the management on 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:

Correct AnswerverifiedShow Answer

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Under the first-to-invent rule, a person...
View Answer

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Patent infringement occurs whe...
View Answer

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