Question 1

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 has illegally misappropriated a trademark and has used it in second place 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) C) and E)

Question 2

Which of the following is true 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) B) and E)
G) A) and E)

Question 3

What four criteria must be satisfied in order to obtain a patent on a product,process,invention,or machine?

Accepted Answer

To obtain a non-design patent,first,the ...

Question 4

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

Accepted Answer

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

Question 5

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.

Accepted Answer

A) True 
 B)False

Question 6

Bob properly filed for a patent on a new machine with the U.S.Patent and Trademark Office.Alice who had been working on the same type of machine was furious when she learned about Bob'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 Bob'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)   Alice will win and possess all rights to the patent under common law because she first invented the machine.
B)   Bob 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, Alice and Bob will share rights to the patent on a 50-50 basis.
D)   Under the America Invents Act, Alice will control rights to the patent because she was the first to invent.
E)   Under the America Invents Act, Bob will control rights to the patent because he was the first to file.F) B) and E)
G) C) and D)

Question 7

To be protected in ____________ use,a trademark must be registered with the U.S.Patent and Trademark Office under the Lanham Act of 1947.

Accepted Answer

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

Question 8

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

Accepted Answer

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

Question 9

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

Accepted Answer

A) True 
 B)False

Question 10

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

Accepted Answer

A)   Profits
B)   Receipts
C)   Royalties
D)   Payoffs
E)   IllegalF) All of the above
G) A) and E)

Question 11

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

Accepted Answer

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

Question 12

Copyrights protect the expression of creative ideas.

Accepted Answer

A) True 
 B)False

Question 13

A service mark 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) True 
 B)False

Question 14

When trademark infringement is alleged,what is the effect of actual confusion?

Accepted Answer

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

Question 15

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.

Accepted Answer

A) True 
 B)False

Question 16

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

Accepted Answer

A) True 
 B)False

Question 17

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.

Accepted Answer

A)   Copyright
B)   Patent
C)   Trade secret
D)   Trademark
E)   Intellectual PropertyF) All of the above
G) C) and E)

Question 18

Which of the following is correct regarding Jill's claim regarding copyright protection on a photograph only extending for a maximum of two years?

Accepted Answer

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 seventy 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 fifty years.
C)   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.
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 ten years.
E)   She is correct.F) C) and D)
G) B) and D)

Question 19

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

Accepted Answer

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

Question 20

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) B) and D)
G) A) and E)

Exam 12: Intellectual Property

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

Correct Answer
verified

When trademark infringement is alleged,what is the effect of actual confusion?

Correct Answer
verified

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

Correct Answer
verified

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

Correct Answer
verified

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.

Correct Answer
verified

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

Correct Answer
verified

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.

Correct Answer
verified

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

Correct Answer
verified

What four criteria must be satisfied in order to obtain a patent on a product,process,invention,or machine?

Correct Answer
verified
To obtain a non-design patent,first,the ...
View Answer

Which of the following is correct regarding Jill's claim regarding copyright protection on a photograph only extending for a maximum of two years?

Correct Answer
verified

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.

Correct Answer
verified

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

Correct Answer
verified

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 Answer
verified

A service mark 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 Answer
verified

Correct Answer
verified

Copyrights protect the expression of creative ideas.

Correct Answer
verified

To be protected in ____________ use,a trademark must be registered with the U.S.Patent and Trademark Office under the Lanham Act of 1947.

Correct Answer
verified

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

Correct Answer
verified

Which of the following is true regarding whether the shape of a product or package may be a trademark?

Correct Answer
verified

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

Correct Answer
verified

Exam 12: Intellectual Property

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

Correct AnswerverifiedShow Answer

When trademark infringement is alleged,what is the effect of actual confusion?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

What four criteria must be satisfied in order to obtain a patent on a product,process,invention,or machine?

Correct AnswerverifiedTo obtain a non-design patent,first,the ...View AnswerShow Answer

Which of the following is correct regarding Jill's claim regarding copyright protection on a photograph only extending for a maximum of two years?

Correct AnswerverifiedShow Answer

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.

Correct AnswerverifiedShow Answer

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

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 AnswerverifiedShow Answer

A service mark 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 AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Copyrights protect the expression of creative ideas.

Correct AnswerverifiedShow Answer

To be protected in ____________ use,a trademark must be registered with the U.S.Patent and Trademark Office under the Lanham Act of 1947.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Which of the following is true regarding whether the shape of a product or package may be a trademark?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
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Correct Answer
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Correct Answer
verified

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
verified
To obtain a non-design patent,first,the ...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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