Question 1

Which of the following would a patent not protect?

Accepted Answer

A)   A new design of disabling cellphones while driving
B)   A new robotic process in a car plant
C)   A new movie
D)   A new drone designed to go underwater
E)   A new 3D printing system.F) A) and C)
G) C) and D)

Question 2

[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?

Accepted Answer

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

Question 3

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

Accepted Answer

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

Question 4

Identify where a trademark is registered, what one should do when requesting registration, and what the governmental office involved would then do. Identify circumstances under which a trademark will not be accepted for registration.

Accepted Answer

Trademarks are registered with the U.S. ...

Question 5

Paige is unhappy because a play she wrote and has a copyright on has been placed on the Internet. She hears that you are taking business law and asks what she can do in remedying the situation and suing Internet service providers. What would you tell her? Reference the federal law involved and its pertinent provisions.

Accepted Answer

The Digital Millennium Copyright Act lim...

Question 6

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

Accepted Answer

A)   Patent and Trade Mark Act of 1997
B)   Lanham Act of 1947
C)   Interstate Patent and Trademark Act
D)   Registration of Patent Act of 2000
E)   Trademark Registration Protection Act of 1999F) A) and B)
G) A) and D)

Question 7

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

Accepted Answer

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

Question 8

[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 that the name Jonah chose violates his trademark protection, which statement is accurate?

Accepted Answer

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 a similarity exists which is likely to cause confusion, applied from the perspective of the defendant.
C)   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.
D)   The key inquiry is whether a similarity exists which is likely to cause confusion, applied from the perspective of prospective purchasers.
E)   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.F) B) and D)
G) B) and C)

Question 9

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

Accepted Answer

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

Question 10

[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.
-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?

Accepted Answer

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

Question 11

The address of a government website ends with ________.

Accepted Answer

A)   .gov
B)   .edu
C)   .net
D)   .org
E)   .comF) All of the above
G) B) and E)

Question 12

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.

Accepted Answer

A) True 
 B)False

Question 13

Ximena, who runs a successful real estate agency, ran across a very interesting pamphlet on customer relations. The pamphlet was fifty pages long and cost $70.00. Ximena thought the price was outrageous. Accordingly, she bought one copy and photocopied the pages that she thought were pertinent and gave them to her employees. She copied forty of the pages out of the pamphlet for each of twenty employees. A disgruntled employee informed the pamphlet's publisher what Ximena had done, and she was charged with copyright infringement. Ximena defended on the basis of the fair use doctrine. Discuss the four factors a court would consider in determining whether a violation occurred and whether you think Ximena would prevail.

Accepted Answer

The four factors that the court would we...

Question 14

Which of the following is not a basic principle developed by the Berne Convention of 1886 that protects artistic rights?

Accepted Answer

A)   The multinational corporations are covered by their home countries laws.
B)   The national treatment principle requires that each member nation protect artists of all signatory nations equally.
C)   The nonconditional protection principle requires that protection not be conditioned on the use of formalities.
D)   The protection independent of protection in the country of origin principle allows nationals of nonsignatory countries to protect works if they are created in a member country.
E)   The common rules principle establishes minimum standards for granting copyrights that all nations must meet.F) A) and C)
G) B) and C)

Question 15

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 ________.

Accepted Answer

A)   Secondary meaning
B)   Primary meaning
C)   Primary application
D)   Secondary application
E)   Secondary acknowledgementF) None of the above
G) B) and E)

Question 16

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.

Accepted Answer

A) True 
 B)False

Question 17

________ is considered to be the fruits of one's mind.

Accepted Answer

A)   Intellectual property
B)   Cognitive property
C)   Private property
D)   Protected property
E)   Tradable propertyF) B) and E)
G) A) and B)

Question 18

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

Accepted Answer

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

Question 19

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?

Accepted Answer

A)   Erin will win and possess all rights to the patent under common law because she first invented the machine.
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)   Under the America Invents Act, Erin will control rights to the patent because she was the first to invent.
E)   Under the America Invents Act, Aleem will control rights to the patent because he was the first to file.F) B) and E)
G) A) and C)

Question 20

Copyrights will be granted when a work is set out in a tangible medium of expression, is original and is creative.

Accepted Answer

A) True 
 B)False

Exam 12: Intellectual Property

Correct Answer
verified

________ is considered to be the fruits of one's mind.

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

Correct Answer
verified

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.

Correct Answer
verified

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 ________.

Correct Answer
verified

Correct Answer
verified

Which of the following is not a basic principle developed by the Berne Convention of 1886 that protects artistic rights?

Correct Answer
verified

Correct Answer
verified
The four factors that the court would we...
View Answer

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

Correct Answer
verified

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.

Correct Answer
verified

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

Correct Answer
verified

Correct Answer
verified

The address of a government website ends with ________.

Correct Answer
verified

Correct Answer
verified

Which of the following would a patent not protect?

Correct Answer
verified

Correct Answer
verified
The Digital Millennium Copyright Act lim...
View Answer

Copyrights will be granted when a work is set out in a tangible medium of expression, is original and is creative.

Correct Answer
verified

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

Correct Answer
verified

Identify where a trademark is registered, what one should do when requesting registration, and what the governmental office involved would then do. Identify circumstances under which a trademark will not be accepted for registration.

Correct Answer
verified
Trademarks are registered with the U.S. ...
View Answer

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

Correct Answer
verified

Exam 12: Intellectual Property

Correct AnswerverifiedShow Answer

________ is considered to be the fruits of one's mind.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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.

Correct AnswerverifiedShow Answer

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 ________.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which of the following is not a basic principle developed by the Berne Convention of 1886 that protects artistic rights?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedThe four factors that the court would we...View AnswerShow Answer

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

Correct AnswerverifiedShow Answer

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.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

The address of a government website ends with ________.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which of the following would a patent not protect?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedThe Digital Millennium Copyright Act lim...View AnswerShow Answer

Copyrights will be granted when a work is set out in a tangible medium of expression, is original and is creative.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Identify where a trademark is registered, what one should do when requesting registration, and what the governmental office involved would then do. Identify circumstances under which a trademark will not be accepted for registration.

Correct AnswerverifiedTrademarks are registered with the U.S. ...View AnswerShow Answer

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

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
The four factors that the court would we...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
The Digital Millennium Copyright Act lim...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
Trademarks are registered with the U.S. ...
View Answer

Correct Answer
verified