Question 1

What is the effect of actual confusion when trademark infringement is alleged?

Accepted Answer

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

Question 2

The agreement between Felicia and Evan is what type of agreement?

Accepted Answer

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

Question 3

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

Question 4

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

Question 5

The address of a network website ends with ________.

Accepted Answer

A)  .com
B)  .org
C)  .edu
D)  .gov
E)  .netF) A) and E)
G) B) and D)

Question 6

In states that have patent local rules,which of the following procedures is different in patent litigation than in other litigation?

Accepted Answer

A)  An answer in filed.
B)  A complaint is filed.
C)  Discovery is conducted.
D)  Terms are defined.
E)  Patent litigation procedures are the same as any other litigation.F) D) and E)
G) C) and D)

Question 7

Regarding Maura's claim that copyright protection on a photograph only extends for a maximum of two years,which statement is accurate?

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

Question 8

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 9

Property that is primarily the result of mental creativity rather than physical effort is protected by the laws of intellectual property.

Accepted Answer

A) True 
 B)False

Question 10

An invention might be protected by trade secret.

Accepted Answer

A) True 
 B)False

Question 11

The address of a government website ends with ________.

Accepted Answer

A)  .edu
B)  .net
C)  .gov
D)  .org
E)  .comF) None of the above
G) A) and B)

Question 12

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 the defendant sold goods or services to customers that likely would have been customers of the plaintiff were the defendant not in business.
C)  A key inquiry is whether a similarity exists which is likely to cause confusion applied from the perspective of the defendant.
D)  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.
E)  The key inquiry is whether a similarity exists which is likely to cause confusion applied from the perspective of prospective purchasers.F) A) and E)
G) A) and D)

Question 13

The fruits of one's mind constitute what kind of property?

Accepted Answer

A)  Tradable property
B)  Theoretical property
C)  Protected property
D)  Cognitive property
E)  Intellectual propertyF) A) and D)
G) None of the above

Question 14

A registrant may lose registration of a domain name for Internet usage by not using it for more than ________ days.

Accepted Answer

A)  120
B)  90
C)  30
D)  180
E)  60F) A) and B)
G) C) and D)

Question 15

As referenced in the case in the text,Toys "R" Us,Inc. ,v.Canarsie Kiddie Shop,Inc. ,which of the following is true regarding generic terms?

Accepted Answer

A)  Generic terms are eligible for protection as trademarks only if they have been used for at least ten years.
B)  Generic terms are eligible for protection as trademarks only if they have been used for at least seven years.
C)  Generic terms are not eligible for protection as trademarks.
D)  The rule that generic terms are ineligible for protection as trademarks does not apply to sub-classifications or varieties of goods.
E)  The rule that generic terms are ineligible for protection as trademarks does not apply to words that designate an entire species of products.F) A) and D)
G) A) and E)

Question 16

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

Question 17

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

Accepted Answer

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

Question 18

A trademark must be registered with the U.S.Patent and Trademark Office under the Lanham Act of 1947 to be protected in ________ use.

Accepted Answer

A)  Interstate,intrastate,and commercial
B)  Interstate and intrastate
C)  Commercial
D)  Interstate
E)  IntrastateF) A) and B)
G) B) and C)

Question 19

The Council of European Communities adopted a directive to protect computer programs by equating them with literary works under the standards of ________.

Accepted Answer

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

Question 20

Which of the following is not a criterion that must be satisfied before patent can be granted?

Accepted Answer

A)  The object of the patent must be nonobvious.
B)  The subject of the patent must be fixed.
C)  The object of the patent must be useful.
D)  The object of the patent must be novel.
E)  The subject of the patent must be patentable.F) A) and B)
G) A) and E)

Exam 12: Intellectual Property

A trademark must be registered with the U.S.Patent and Trademark Office under the Lanham Act of 1947 to be protected in ________ use.

Correct Answer
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In states that have patent local rules,which of the following procedures is different in patent litigation than in other litigation?

Correct Answer
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The address of a government website ends with ________.

Correct Answer
verified

The Council of European Communities adopted a directive to protect computer programs by equating them with literary works under the standards of ________.

Correct Answer
verified

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

Correct Answer
verified

An invention might be protected by trade secret.

Correct Answer
verified

Property that is primarily the result of mental creativity rather than physical effort is protected by the laws of intellectual property.

Correct Answer
verified

A registrant may lose registration of a domain name for Internet usage by not using it for more than ________ days.

Correct Answer
verified

The agreement between Felicia and Evan is what type of agreement?

Correct Answer
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Correct Answer
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What is the effect of actual confusion when trademark infringement is alleged?

Correct Answer
verified

Which of the following is not a criterion that must be satisfied before patent can be granted?

Correct Answer
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Regarding Marcus' claim that the name Jonah chose violates his trademark protection,which statement is accurate?

Correct Answer
verified

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?

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 referenced in the case in the text,Toys "R" Us,Inc. ,v.Canarsie Kiddie Shop,Inc. ,which of the following is true regarding generic terms?

Correct Answer
verified

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

Correct Answer
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The address of a network website ends with ________.

Correct Answer
verified

Regarding Maura's claim that copyright protection on a photograph only extends for a maximum of two years,which statement is accurate?

Correct Answer
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The fruits of one's mind constitute what kind of property?

Correct Answer
verified

Exam 12: Intellectual Property

A trademark must be registered with the U.S.Patent and Trademark Office under the Lanham Act of 1947 to be protected in ________ use.

Correct AnswerverifiedShow Answer

In states that have patent local rules,which of the following procedures is different in patent litigation than in other litigation?

Correct AnswerverifiedShow Answer

The address of a government website ends with ________.

Correct AnswerverifiedShow Answer

The Council of European Communities adopted a directive to protect computer programs by equating them with literary works under the standards of ________.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

An invention might be protected by trade secret.

Correct AnswerverifiedShow Answer

Property that is primarily the result of mental creativity rather than physical effort is protected by the laws of intellectual property.

Correct AnswerverifiedShow Answer

A registrant may lose registration of a domain name for Internet usage by not using it for more than ________ days.

Correct AnswerverifiedShow Answer

The agreement between Felicia and Evan is what type of agreement?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

What is the effect of actual confusion when trademark infringement is alleged?

Correct AnswerverifiedShow Answer

Which of the following is not a criterion that must be satisfied before patent can be granted?

Correct AnswerverifiedShow Answer

Regarding Marcus' claim that the name Jonah chose violates his trademark protection,which statement is accurate?

Correct AnswerverifiedShow Answer

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?

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 referenced in the case in the text,Toys "R" Us,Inc. ,v.Canarsie Kiddie Shop,Inc. ,which of the following is true regarding generic terms?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

The address of a network website ends with ________.

Correct AnswerverifiedShow Answer

Regarding Maura's claim that copyright protection on a photograph only extends for a maximum of two years,which statement is accurate?

Correct AnswerverifiedShow Answer

The fruits of one's mind constitute what kind of property?

Correct AnswerverifiedShow Answer

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