Deck 23: Intellectual Property

Question 1

What property is included in the term "intellectual property"?

A) Fungible goods
B) Real estate
C) Tangible personal property
D) Trade secrets

Answer 1

Trade secrets

Question 2

What does the abbreviation "IP law" stand for?

A) Intellectual property law
B) Individual patents law
C) Inventive possessions law
D) None of the above

Answer 2

Intellectual property law

Question 3

Under the U.S. Constitution, what protection do authors and inventors receive for their work?

A) Full monopoly for a limited time
B) Some form of a limited monopoly
C) Full monopoly in perpetuity
D) No protection

Answer 3

Some form of a limited monopoly

Question 4

What is an example of an intellectual property?

A) "Mona Lisa" picture by Leonardo da Vinci
B) Book about Leonardo da Vinci
C) Video recording of a movie about Leonardo da Vinci
D) All of the above

Question 5

What is a type of a patent?

A) Utility
B) Design
C) Plant
D) All of the above

Question 6

What term describes an invention for which the protection period covered by a patent had expired??

A) Public domain
B) Public possession
C) Civic assets
D) Communal property

Question 7

Under the modern U.S. patent law, who receives a patent for an invention?

A) First inventor to invent
B) First inventor to produce
C) First inventor to file for patent protection
D) First inventor to announce

Question 8

What term describes the unauthorized selling of a patented invention during the term of the patent?

A) Patent breach
B) Patent infringement
C) Patent encroachment
D) Patent contravention

Question 9

What damages are granted by the Patent Act to a person winning a patent infringement case?

A) Treble
B) Double
C) Quadruple
D) No damages are granted

Question 10

What can be used by a business as a trademark?

A) Word
B) Name
C) Symbol
D) All of the above

Question 11

According to federal case law, what trademark is distinctive?

A) Fanciful
B) Ordinary
C) Beautiful
D) Memorable

Question 12

What does a descriptive mark have to acquire to become distinctive?

A) Inferior meaning
B) Secondary meaning
C) Resulting meaning
D) Derivative meaning

Question 13

What term describes the unauthorized use of a trademark in a commercially similar way?

A) Trademark dilution
B) Trademark infringement
C) Trademark imitation
D) Trademark replication

Question 14

What is an example of former trademarks that were lost by becoming a generic term?

A) Kleenex
B) Aspirin
C) Bikini
D) All of the above

Question 15

What kind of work can be copyrighted?

A) Computer program
B) Dance
C) Photograph
D) All of the above

Question 16

What is protected by copyright law?

A) Commonly known facts about Mozart's life
B) Idea about a movie describing Mozart's life
C) Original novel describing Mozart's life
D) Idea about a book describing Mozart's life

Question 17

What is an exception to copyright infringement?

A) Just use doctrine
B) Fair use doctrine
C) Moderate use doctrine
D) Reasonable use doctrine

Question 18

What is necessary for a literary work to be protected under the copyright law?

A) Be registered with the U.S. Copyright Office
B) Be published
C) Be created in a tangible medium of expression
D) Be posted on the Facebook

Question 19

In 2016, what act did the U.S. Congress pass to protect trade secrets?

A) Defend Trade Secrets Act
B) Protect Trade Secrets Act
C) Trade Secrets Shield Act
D) Trade Secrets Shelter Act

Question 20

What term describes agreements signed by a company's employees consenting to refrain from disclosing the company's trade secrets to others?

A) Privacy
B) Secrecy
C) Confidentiality
D) Discretion

Question 21

Intellectual property is the mind's tangible creations.

Question 22

Trade secrets are protected by traditional intellectual property law.

Question 23

A recipe is a type of an intellectual property.

Question 24

To protect their inventions, inventors must receive a patent issued by the U.S. Copyright Office.

Question 25

It is possible to receive utility and design patents for the same invention.

Question 26

The Chevrolet's bowtie is a trademark example.

Question 27

A federal trademark provides protection for 10 years and may be renewed for additional 10-year periods.

Question 28

Businesses place advertisements in magazines to remind consumers that their products are trademarked.

Question 29

"Trademark imitation"
is the term describing the unauthorized use of a trademark in a commercially similar way.

Question 30

One must register the work with the U.S. Copyright Office to be protected as the copyright owner.

Question 31

An author of a work always has copyright to his or her creation.

Question 32

The limited use of another's copyrighted work is allowed for news reporting and research.

Question 33

All states have adopted a version of the Uniform Trade Secrets Act.

Question 34

Customer lists is not an example of a trade secret.

Question 35

Trade secrets are protected by states trade secret statutes.

Question 36

Tangible results of intellectual creativity is a(n) ________ property.

Question 37

The grant of a property right to the inventor is called a(n) ________.

Question 38

An inventor of a new manufacturing process may receive a(n) ________ patent.

Question 39

A trademark in any form is a(n) ________ name.

Question 40

A term relating to an entire group is called a(n) ________ term.

Question 41

A trademark must be nationally well known to qualify for ________ protection.

Question 42

For all works created after January 1, 1978, ________ protection lasts for the life of the author plus 70 years.

Question 43

Any reproduction of copyrighted work without permission of the copyright owner is a copyright ________.

Question 44

Even without confidentiality ________ signed by employees, courts prohibit employees from disclosing their employer's trade secrets.

Question 45

Manufacturing processes and chemical formulas are examples of ________ secrets.

Question 46

Match the terms with their descriptions:

-Patent

A) Nobody can claim ownership over this piece of intellectual property
B) Tangible results of the mind's creative work
C) Exclusive right given to authors to publish and sell their creative work
D) Term describing trademark protection for those words used to identify service providers
E) Unauthorized use of copyrighted material
F) Term characterizing a whole group
G) Formula used in business and providing an economic benefit for its owner over the owner's competitors who do not know or use it
H) Legal document protecting the creation of intellectual property
I) Grant of a property right to the inventor
J) Unauthorized use of a trademark in a commercially similar way

Question 47

Match the terms with their descriptions:

-Generic term

A) Nobody can claim ownership over this piece of intellectual property
B) Tangible results of the mind's creative work
C) Exclusive right given to authors to publish and sell their creative work
D) Term describing trademark protection for those words used to identify service providers
E) Unauthorized use of copyrighted material
F) Term characterizing a whole group
G) Formula used in business and providing an economic benefit for its owner over the owner's competitors who do not know or use it
H) Legal document protecting the creation of intellectual property
I) Grant of a property right to the inventor
J) Unauthorized use of a trademark in a commercially similar way

Question 48

Match the terms with their descriptions:

-Trade secret

A) Nobody can claim ownership over this piece of intellectual property
B) Tangible results of the mind's creative work
C) Exclusive right given to authors to publish and sell their creative work
D) Term describing trademark protection for those words used to identify service providers
E) Unauthorized use of copyrighted material
F) Term characterizing a whole group
G) Formula used in business and providing an economic benefit for its owner over the owner's competitors who do not know or use it
H) Legal document protecting the creation of intellectual property
I) Grant of a property right to the inventor
J) Unauthorized use of a trademark in a commercially similar way

Question 49

Match the terms with their descriptions:

-U.S. Constitution

A) Nobody can claim ownership over this piece of intellectual property
B) Tangible results of the mind's creative work
C) Exclusive right given to authors to publish and sell their creative work
D) Term describing trademark protection for those words used to identify service providers
E) Unauthorized use of copyrighted material
F) Term characterizing a whole group
G) Formula used in business and providing an economic benefit for its owner over the owner's competitors who do not know or use it
H) Legal document protecting the creation of intellectual property
I) Grant of a property right to the inventor
J) Unauthorized use of a trademark in a commercially similar way

Question 50

Match the terms with their descriptions:

-Copyright infringement

A) Nobody can claim ownership over this piece of intellectual property
B) Tangible results of the mind's creative work
C) Exclusive right given to authors to publish and sell their creative work
D) Term describing trademark protection for those words used to identify service providers
E) Unauthorized use of copyrighted material
F) Term characterizing a whole group
G) Formula used in business and providing an economic benefit for its owner over the owner's competitors who do not know or use it
H) Legal document protecting the creation of intellectual property
I) Grant of a property right to the inventor
J) Unauthorized use of a trademark in a commercially similar way

Question 51

Match the terms with their descriptions:

-Public domain

A) Nobody can claim ownership over this piece of intellectual property
B) Tangible results of the mind's creative work
C) Exclusive right given to authors to publish and sell their creative work
D) Term describing trademark protection for those words used to identify service providers
E) Unauthorized use of copyrighted material
F) Term characterizing a whole group
G) Formula used in business and providing an economic benefit for its owner over the owner's competitors who do not know or use it
H) Legal document protecting the creation of intellectual property
I) Grant of a property right to the inventor
J) Unauthorized use of a trademark in a commercially similar way

Question 52

Match the terms with their descriptions:

-Copyright

A) Nobody can claim ownership over this piece of intellectual property
B) Tangible results of the mind's creative work
C) Exclusive right given to authors to publish and sell their creative work
D) Term describing trademark protection for those words used to identify service providers
E) Unauthorized use of copyrighted material
F) Term characterizing a whole group
G) Formula used in business and providing an economic benefit for its owner over the owner's competitors who do not know or use it
H) Legal document protecting the creation of intellectual property
I) Grant of a property right to the inventor
J) Unauthorized use of a trademark in a commercially similar way

Question 53

Match the terms with their descriptions:

-Intellectual property

A) Nobody can claim ownership over this piece of intellectual property
B) Tangible results of the mind's creative work
C) Exclusive right given to authors to publish and sell their creative work
D) Term describing trademark protection for those words used to identify service providers
E) Unauthorized use of copyrighted material
F) Term characterizing a whole group
G) Formula used in business and providing an economic benefit for its owner over the owner's competitors who do not know or use it
H) Legal document protecting the creation of intellectual property
I) Grant of a property right to the inventor
J) Unauthorized use of a trademark in a commercially similar way

Question 54

Match the terms with their descriptions:

-Service mark

A) Nobody can claim ownership over this piece of intellectual property
B) Tangible results of the mind's creative work
C) Exclusive right given to authors to publish and sell their creative work
D) Term describing trademark protection for those words used to identify service providers
E) Unauthorized use of copyrighted material
F) Term characterizing a whole group
G) Formula used in business and providing an economic benefit for its owner over the owner's competitors who do not know or use it
H) Legal document protecting the creation of intellectual property
I) Grant of a property right to the inventor
J) Unauthorized use of a trademark in a commercially similar way

Question 55

Match the terms with their descriptions:

-Trademark dilution

A) Nobody can claim ownership over this piece of intellectual property
B) Tangible results of the mind's creative work
C) Exclusive right given to authors to publish and sell their creative work
D) Term describing trademark protection for those words used to identify service providers
E) Unauthorized use of copyrighted material
F) Term characterizing a whole group
G) Formula used in business and providing an economic benefit for its owner over the owner's competitors who do not know or use it
H) Legal document protecting the creation of intellectual property
I) Grant of a property right to the inventor
J) Unauthorized use of a trademark in a commercially similar way

Question 56

Define a patent and identify types of patents and their duration. Discuss patent law changes that occurred in 2013.

Question 57

Define a trademark. Identify what is covered by trademark protection. Discuss what businesses can do to prevent their products from losing trademarks.

Question 58

Define a copyright. Identify what is protected and what is not protected by copyright law. Discuss how a copyright may be registered and why the registration is advisable.

Question 59

Sarah makes dresses and sells them in her dress store. While visiting Boston, she saw a dress, designed by Melissa, copied its design, and later started to sell dresses made with the use of Melissa's design. Sarah was sure she could legally do it because she used a different material for her dresses. Discuss whether Sarah violated any laws, and, if yes, what Melissa can do to protect her rights as an original designer.

Question 60

At a writer's conference, Lori (a journalist) met Albert (a popular mystery author) and shared with him her idea for a mystery novel. Later Lori read Albert's new novel and discovered that he used her idea! Lori is sure he violated her copyright. On her webpage, Lori posted 50 pages of this novel, without Albert's permission. Discuss what copyright law violations have been committed and by whom.