Question 1

Which of the following is not a principle of The Paris Convention of 1883?

Accepted Answer

A)   National treatment
B)   Nonconditional protection
C)   The right of priority
D)   Common rules of minimum standards
E)   Date of application be the date of filing in the home nationF) A) and C)
G) B) and C)

Question 2

A competitor may discover a trade secret by any lawful means such as going on a public plant tour.

Accepted Answer

A) True 
 B)False

Question 3

Xavier has developed a new secret diet soda recipe using an ingredient no one else has ever used. He keeps the secret recipe locked in a secure vault for protection. Melia, angry with Xavier for breaking off their relationship, breaks into the safe based on the pass code Xavier had hidden in his desk. Melia sells the secret formula to a competitor who had been working to reverse engineer the formula. Can Xavier sue Melia for trade secret violation?

Accepted Answer

A)   Yes, 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.
B)   Yes, but only if the reverse engineering had not yet resulted in learning the secret ingredient.
C)   No, because the competitor was already reverse engineering the formula to learn the ingredient.
D)   No, formulas are not protected by trade secret laws but by patents.
E)   No, formulas are protected by copyright laws and not trade secret laws.F) C) and D)
G) None of the above

Question 4

Which of the following is true about software piracy in China?

Accepted Answer

A)   The Universal Copyright Convention of 1952, as revised in 1971, allows certain types of software to be copied.
B)   Although China has imposed fines for piracy, no one has been imprisoned for such an offense.
C)   Since 1999, progress on software piracy in China has not been made.
D)   Since 1999, progress on software piracy in China has been made, though slowly.
E)   China has strict intellectual property laws.F) None of the above
G) A) and D)

Question 5

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?

Accepted Answer

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

Question 6

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

Accepted Answer

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

Question 7

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

Accepted Answer

A) True 
 B)False

Question 8

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

Accepted Answer

A)   Generic, suggestive, descriptive, arbitrary or fanciful.
B)   Descriptive, generic, suggestive, arbitrary or fanciful.
C)   Arbitrary or fanciful, generic, descriptive, suggestive.
D)   Generic, descriptive, suggestive, arbitrary or fanciful.
E)   Suggestive, generic, descriptive, arbitrary or fanciful.F) All of the above
G) C) and E) D

Question 9

The Fair Use Doctrine allows for a portion of a copyrighted work to be reproduced for purposes of ________.

Accepted Answer

A)   any unlimited reason
B)   news reporting only
C)   research only
D)   reproduction that will produce profits
E)   criticism, comment, news reporting, teaching, scholarship, and researchF) A) and E)
G) A) and C)

Question 10

[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?

Accepted Answer

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

Question 11

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?

Accepted Answer

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

Question 12

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

Accepted Answer

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

Question 13

The address of an organization website ends with ________.

Accepted Answer

A)   .gov
B)   .edu
C)   .net
D)   .org
E)   .comF) B) and E)
G) A) and B)

Question 14

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"?

Accepted Answer

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

Question 15

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

Accepted Answer

A)   No, reexamination requests are rare and a court will order the USPTO to make a quick determination.
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, although reexamination requests are rare, the USPTO makes a determination rather quickly in such cases.
D)   No, although such requests are frequently granted, the USPTO makes a determination rather quickly in such cases.
E)   No, because a court will perform the reexamination, not the USPTO.F) A) and B)
G) A) and C)

Question 16

[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.
-The agreement between Felicia and Evan is what type of agreement?

Accepted Answer

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

Question 17

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

Accepted Answer

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

Question 18

Eugene received a patent that was issued for an object he invented. How long does Eugene have the exclusive right to produce, sell, and use the object of the patent from the date of application?

Accepted Answer

A)   Five years
B)   Ten years
C)   Twenty years
D)   Thirty years
E)   FiftyF) B) and C)
G) All of the above

Question 19

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.
-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?

Accepted Answer

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

Question 20

Cross-licensing occurs when two patent holders license each other to use their patents and can have other patent holders join the patent at any time.

Accepted Answer

A) True 
 B)False

Exam 12: Intellectual Property

Which of the following is not a principle of The Paris Convention of 1883?

Correct Answer
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A competitor may discover a trade secret by any lawful means such as going on a public plant tour.

Correct Answer
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Which of the following is true about software piracy in China?

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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?

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

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

Correct Answer
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D

The Fair Use Doctrine allows for a portion of a copyrighted work to be reproduced for purposes of ________.

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The address of an organization website ends with ________.

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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"?

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C

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Eugene received a patent that was issued for an object he invented. How long does Eugene have the exclusive right to produce, sell, and use the object of the patent from the date of application?

Correct Answer
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B

Cross-licensing occurs when two patent holders license each other to use their patents and can have other patent holders join the patent at any time.

Correct Answer
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Exam 12: Intellectual Property

Which of the following is not a principle of The Paris Convention of 1883?

Correct AnswerverifiedShow Answer

A competitor may discover a trade secret by any lawful means such as going on a public plant tour.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which of the following is true about software piracy in China?

Correct AnswerverifiedShow Answer

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?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedD

The Fair Use Doctrine allows for a portion of a copyrighted work to be reproduced for purposes of ________.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

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The address of an organization website ends with ________.

Correct AnswerverifiedShow Answer

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"?

Correct AnswerverifiedC

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Eugene received a patent that was issued for an object he invented. How long does Eugene have the exclusive right to produce, sell, and use the object of the patent from the date of application?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedB

Cross-licensing occurs when two patent holders license each other to use their patents and can have other patent holders join the patent at any time.

Correct AnswerverifiedShow Answer

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D

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C

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B

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