Deck 11: Intellectual Property

Question 1

Misappropriation occurs when one discloses information that one was under a duty to keep secret, even if the original acquisition was proper.

Answer 1

True
Explanation: Misappropriation obviously occurs when one improperly acquires secret information through burglary, espionage or computer hacking. However, misappropriation also occurs when one discloses information that one was under a duty to keep secret, even if the original acquisition was proper.

Question 2

Once information is in the public domain, an intellectual property right can be applied to recapture it.

Answer 2

False
Explanation: In general, once information is in the public domain, an intellectual property right cannot be applied to recapture it.

Question 3

Fair use of a registered trademark is allowed by the Economic Espionage Act.

Answer 3

False
Explanation: Fair use of a registered trademark is allowed by the Lanham Act and relates to a discussion, criticism, or parody of the trademark, the product, or its owner.

Question 4

A patent is a legal monopoly in the tangible resource of copying and marketing a new invention.

Question 5

The justification for intellectual property is the same as for the private property system.

Question 6

When an owner does not defend against the unauthorized use of a trademark, the trademark is most likely to become generic.

Question 7

Trademarks indicate a specific producer.

Question 8

Recreating, through legitimate means, the same information that another considers to be a trade secret is still considered misappropriation.

Question 9

An injunction is an order by a judge either to do something or to refrain from doing something.

Question 10

The courts can declare a trademark invalid even if the U.S. Patent and Trademark Office has accepted registration.

Question 11

To qualify as a trade secret, the knowledge protected must have economic value.

Question 12

Employers can only enforce a covenant not to compete if they can show a valid business purpose for doing so.

Question 13

Under patent law even if an invention is otherwise new, it fails the novelty test if it has been described in a publication, sold, or put to public use more than one year before a patent application on it is filed (the one-year rule).

Question 14

Monster.com, a job search website, is an example of a collective mark.

Question 15

Trade dress refers to a color or shape associated with a product or service.

Question 16

If the protection of intellectual property rights did not exist, the pace of research and development (R&D) in business would likely be enhanced.

Question 17

To protect knowledge or information as a trade secret, the business must prove that it took special and extraordinary measures to keep that knowledge and information secret.

Question 18

Although there are civil penalties for stealing trade secrets, no criminal penalties exist at this current time.

Question 19

Design patents apply to the appearance of an article of manufacture, unrelated to its function.

Question 20

The protections of property often do not apply automatically to ownership of intangible knowledge resources.

Question 21

Which of the following is the first step in protecting trade secrets?

A) A business must assert its property by preserving secrecy.
B) A business should decide who can visit the business and what areas can be seen by them.
C) A business must establish the existence of a trade secret as it is critical in controlling valuable knowledge resources.
D) A business must identify confidential knowledge-based resources by conducting a trade secret audit.
E) A business must enforce visitors, suppliers, and customers to sign a non-disclosure agreement.

Question 22

The Digital Millennium Copyright Act makes illegal the effort to get around devices used by copyright owners to keep their works from being infringed.

Question 23

Whom does the PTO assign to consider a patent application?

A) Claims officer
B) Patent examiner
C) Patent officer
D) The Supreme Court
E) Patent issuer

Question 24

Companies can be considered authors under copyright law.

Question 25

One can be liable for materially contributing to another's infringement with knowledge of the infringement.

Question 26

_____ is an order by a judge either to do something or to refrain from doing something.

A) A penalty
B) An injunction
C) An actual damage
D) A punitive damage
E) A compensatory damage

Question 27

A _____ is any form of knowledge or information that has economic value from not being generally known to, or readily ascertained by proper means by others and has been the subject of reasonable efforts by the owner to maintain secrecy.

A) copyright
B) trademark
C) patent
D) company policy
E) trade secret

Question 28

Garry uses AOL, an Internet service provider, to access a file sharing website that can help Garry download copyright protected music. AOL can be held liable for Garry's actions.

Question 29

Copyright deals with original invention, like patents.

Question 30

Which of the following types of intellectual property can be assigned to the invention of a plant that can be reproduced asexually?

A) Patent
B) Copyright
C) Trademark
D) Trade name
E) Brand mark

Question 31

The alphabetic arrangement of names in a telephone directory's white pages meets meet the necessary criteria to warrant a copyright.

Question 32

Misappropriation of a trade secret occurs when:

A) a person is able to recreate the same information that the other considers to be a trade secret.
B) a person recreates a product after looking at it and figuring out how it works or how it is formulated.
C) a person uses another's trade secret and confidential information with authorization.
D) a person legitimately acquires the trade secret, but discloses information violating duty of secrecy.
E) a person uses his or her own knowledge and understanding to recreate what is another's trade secret.

Question 33

A patent application must, address each of the following except:

A) it must explain how to make and use the invention.
B) it must show why it is different from all previous and related inventions or state of art.
C) it must show a reasonable business plan for construction, sale, and distribution of the invention.
D) it must precisely describe what aspects of the invention deserve the patent.
E) it must be addressed in words and drawings.

Question 34

Which of the following is true of violation of trade secrets' rights?

A) One must misappropriate another's information.
B) One must use another's information without permission.
C) Unauthorized use of another's information constitutes as a violation of trade secrets' rights.
D) Stealing another's intellectual property violates trade secrets' rights.
E) Buying and selling of trade secrets violates the law of trade secrets.

Question 35

The Patent Cooperation Treat (PCT) allows applicants to obtain a preliminary international examination and then pursue final rights in multiple countries at the same time.

Question 36

The Federal Trademark Dilution Act prohibits the use of a mark that is the same or similar to a "famous" trademark only when the owner of the "famous" trademark can prove public confusion regarding the two marks.

Question 37

A _____ patent applies to useful, functional inventions.

A) design
B) style
C) plant
D) inventive
E) utility

Question 38

The Digital Millennium Copyright Act holds Internet service providers liable for illegal copies that pass temporarily through their systems.

Question 39

Copying for research or teaching are considered an infringement of the owner's property.

Question 40

Proving that a patent is invalid because it was in commercial use at least one year before the patent was taken out requires that the defendant prove their case:

A) with a preponderance of the evidence.
B) beyond a reasonable doubt.
C) beyond a preponderance of the evidence.
D) by clear and convincing evidence.
E) with some evidence.

Question 41

Hillward Bakers have been using since their inception ten years ago, a blue HB logo with a baker's hat on the HB. Hobert Bakers, a newly opened bakery and confectionary chain, has used the same logo. Hillward has not registered its logo, but chooses to sue Hobert. Which of the following is true of this case?

A) Hillward cannot sue Hobert since the log has not been registered as a trademark.
B) Hillward can sue Hobert since the logo has been used by Hillward and is associated with it.
C) Hobert can defend that Hillward created something that lacks utility, and cannot be trademarked.
D) Hobert can defend that Hillward created something that was very obvious.
E) Hillward cannot sue Hobert because logos cannot be patented or trademarked.

Question 42

Which of the following is a function of a trademark?

A) Obviousness
B) Utility
C) Distinctiveness
D) Certification
E) Guarantee

Question 43

When a patent expires, the invention is said to be in the ________, and others may use it without limitation.

A) business environment
B) communal realm
C) collective sphere
D) public domain
E) legal open space

Question 44

Which of the following is actually intended to be used by someone other than the owner?

A) Certification marks
B) Collective marks
C) Service marks
D) Trademarks
E) Brand marks

Question 45

Which of the following is true in case a patent expires?

A) It comes under the purview of the Supreme Court to restrict its use in public.
B) It is in the public domain and others may use it without limitations.
C) It is put aside for someone else to acquire.
D) It will be reviewed and reassigned to the same owner.
E) It will be declared as null and void and the invention will be declared useless.

Question 46

The Nike 'swoosh' is an example of what type of intellectual property?

A) Copyright
B) Patent
C) Certification mark
D) Trademark
E) Novelty

Question 47

Which of the following is true of trademarks?

A) Trademarks are a form of legal and civil property.
B) One can have rights in a trademark only if he/she has registered it.
C) If a trademark is unregistered, it is open for public use.
D) It is firmly associated with an inventive act, and excludes others from making, using or selling the invention.
E) Owners can sue for infringement, and claim rights on a trademark even if they have not registered it.

Question 48

For a name to be trademarked:

A) it must be listed on the principal register for five years without being challenged.
B) it must be listed on the secondary register for five years and have acquired a secondary meaning.
C) it must be listed without restrictions and the trademark owner must notify the PTO every year that the trademark is still in use.
D) the PTO will not accept descriptive terms for trademark protection.
E) it must be listed on the principal register for one year and on the secondary register for five years.

Question 49

Radford School has just been accredited by the United Federation of Planets Academy of Business and Managements Schools. The school is provided with an icon to put on its home page saying "Member of UFPABMS". This icon is a:

A) collective mark.
B) promotion mark.
C) trademark.
D) brand mark.
E) service mark.

Question 50

What is a colored design or shape associated with a product or service called?

A) Patent
B) Trade dress
C) Copyright
D) Trademark
E) Product design

Question 51

Which of the following defenses can an alleged infringer use to prove that the patent is invalid?

A) The invention is nonobvious.
B) The invention has utility.
C) The invention was previously unknown.
D) The invention is obvious.
E) The invention is not patented.

Question 52

Which of the following is true of trade dress?

A) It refers to the utility and nonobviousness of an invention.
B) It can be protected under law even without a registration.
C) It is not protected from being copied under law since it is not identified with a particular product.
D) The law protects it from being copied as long as it is distinctive.
E) The law protects it only in case of certain products and services.

Question 53

As part of the trademark application process, the Patent and Trademark Office places a proposed mark in the ________ which gives existing mark owners notice and allows for objection.

A) Official Gazette
B) Federal Register
C) Legal section of major newspapers
D) Congressional Record
E) Principal Register

Question 54

A ________ refers to a public meaning that is different from its meaning as a person's name or as a distinctive term, a public meaning that makes the name or term distinctive.

A) primary meaning
B) secondary meaning
C) trade meaning
D) principal meaning
E) supplemental meaning

Question 55

Which of the following is a defense to a charge of trademark infringement?

A) The statutory period protecting the trademark has expired.
B) There is a good chance of the public being confused.
C) The use is for commercial, profitable use.
D) The mark is not distinctive.
E) The mark or symbol is considerably different.

Question 56

The "one-year rule" applies to _____ law.

A) trademark
B) patent
C) copyright
D) trade secret
E) collective mark

Question 57

_____ refers to the ability of an invention to produce surprising or unexpected results; that is, results not anticipated by prior art.

A) Subject matter
B) Nonobviousness
C) Patent litigation
D) Utility
E) Obviousness

Question 58

A school's seal and logo are examples of what type of intellectual property?

A) Service marks
B) Certification marks
C) Collective marks
D) Patents
E) Brand marks

Question 59

When you purchase an item from Victoria's Secret, they place the item in a paper bag with handles that feature horizontal pink and white stripes. Even without seeing the words Victoria's Secret on the bag, many people recognize that the purchase is from Victoria's Secret. The bag's coloring and design is considered:

A) trade dress.
B) a certification mark.
C) a collective mark.
D) a service mark.
E) a trademark.

Question 60

Unauthorized use of a registered trademark is known as:

A) false advertising.
B) infringement.
C) denigration.
D) depreciation.
E) copy violation.

Question 61

Which of the following is an incorrect statement regarding copyrights?

A) To obtain a copyright the work must be original.
B) The work must show some sort of creativity.
C) The work must be fixed in a tangible medium.
D) The work may be an intangible original idea.
E) The work must be an expression, rather than an invention.

Question 62

A copyright protects:

A) inventors.
B) authors.
C) merchants.
D) builders.
E) retailers.

Question 63

What is an injunction?

Question 64

When the public is confused as to whether a term refers to a particular product/service or refers to a general class of products/services, the trademark is said to have become _____.

A) infringed
B) copied
C) generic
D) distinctive
E) substituted

Question 65

Which of the following is true of the Digital Millenium Copyright Act?

A) It protects a mark used by someone other than the owner to certify the quality, point of origin, or other characteristics of goods or services.
B) It provides a remedy of statutory damages and transfer of a famous trademark domain name to its owner if it was registered in "bad faith."
C) It prevents circumvention of access protections for such products.
D) It prohibits you from using a mark the same as or similar to another's "famous" trademark so as to dilute its significance, reputation, and goodwill.
E) It specifies that a fair use of copyrighted materials is not an infringement of the owner's property.

Question 66

Which of the following acts protect a "famous" trademark, even if the owner is unable to prove that the public is confused by another's use of a similar mark, and provides the owner with the infringer's profits, and actual damages?

A) Lanham Act
B) Consumer Protection Act
C) Patent Act
D) Intellectual Property Act
E) Trademark Dilution Act

Question 67

The fair use of a registered trademark defense was established in the:

A) Lanham Act.
B) Federal Trademark Dilution Act.
C) Economic Espionage Act.
D) U.S. Constitution.
E) Consumer Protection Act.

Question 68

What is a trade secret and what must a company do to have enforceable rights to protect a trade secret?

Question 69

Civil violation of a trademark or a patent is termed _____.

A) breach
B) infringement
C) repudiation
D) copy
E) intellectual theft

Question 70

In determining whether a particular use is a fair one, a court will consider which of the following?

A) The distinctiveness of the copyright.
B) The amount of profit expected by the user claiming the fair use.
C) The amount and substantiality of the portion used in relation to the copyrighted work as a whole.
D) The royalties awarded to the inventor before using the copyright since copyright laws protect inventors.
E) The degree of damage caused.

Question 71

Possible civil remedies for violation of the Digital Millennium Copyright Act can include:

A) consequential damages.
B) actual and punitive damages.
C) actual damages and injunction.
D) double actual damages.
E) compensatory damages.

Question 72

The Anti-Cybersquatting Consumer Protection Act of 1999 provides damages and a transfer of a ________ trademark domain name to its owner if it was registered in "bad faith".

A) fair use.
B) famous.
C) copyright.
D) title.
E) profitable

Question 73

The Berne Convention addressed international agreements in the area of:

A) patents.
B) copyrights.
C) trademarks.
D) trade secrets.
E) brands.

Question 74

It has been estimated that intangible assets represents a significant portion of the total assets of many large U.S. companies. Name some of the different intangible assets that businesses might possess.

Question 75

Which of the following is true of copyright?

A) It deals with invention that is original, nonobvious and a novelty.
B) It protects ideas and facts.
C) It protects the design, color, or shape that is associated with a particular product from being copied.
D) It protects original, creative expression.
E) It protects only companies which can be considered authors.

Question 76

How does the law define misappropriation in case of trade secret violation?

Question 77

_____ is a form of expression that criticizes by poking fun at something through exaggeration.

A) Parody
B) Fair use
C) Copyright
D) Misrepresentation
E) Infringement

Question 78

Which is not an allowable "fair use" of material?

A) Teaching
B) Research
C) Profits
D) Reporting
E) Criticism

Question 79

The payment of a fee in connection with permission to use protected copyrighted works is called a/an:

A) royalty.
B) permission.
C) authorization.
D) reparation.
E) commission.

Question 80

Can misappropriation trade secrets account for criminal prosecution?