Question 1

The term _____ is used to describe a nonpracticing entity that purchases one or more patents with the intent to enforce the patents against infringers,rather than to manufacture a patented product or supply a patented service.

Accepted Answer

The term "patent troll" is commonly used to describe a nonpracticing entity that acquires patents primarily for the purpose of enforcing them against alleged infringers and collecting licensing fees, rather than for the purpose of manufacturing a product or providing a service.

Question 2

Which of the following is true regarding remedies for patent infringement?

Accepted Answer

The patent holder may seek both preliminary and permanent injunctive relief as well as damages for patent infringement. Additionally, they may also request for court costs and attorneys' fees.

Question 3

The federal trademark act is known as the _________ Act.

Accepted Answer

The federal trademark act is commonly known as the Lanham Act, named after its primary sponsor, Representative Fritz Lanham.

Question 4

Which of the following is not a type of U.S.patent?

Accepted Answer

The three types of U.S. patents are plant patents (for a new and distinct variety of asexually reproduced plant), design patents (for new, original, and ornamental designs for an article of manufacture), and utility patents (for new and useful processes, machines, articles of manufacture, and compositions of matter). There is no such thing as a service patent.

Question 5

The practice of _________ occurs when an individual registers a famous trademark as an Internet domain name and then offer to sell the domain name to the trademark owner for a ransom.

Accepted Answer

This practice is commonly known as cybersquatting, where an individual or a company registers a domain name of a famous trademark or brand and then tries to sell it to the rightful owner at a higher price or ransom. It is considered an unethical practice and a violation of trademark laws.

Question 6

A _________ mark is a real word whose ordinary meaning has nothing to do with a trademarked product.

Accepted Answer

An arbitrary mark is a word that has no direct or descriptive relationship to the product or service for which it is used as a trademark. It is a common word used in an uncommon way to distinguish one particular brand from another in a specific market.

Question 7

Which of the following are defenses to patent-infringement claims?

Accepted Answer

Noninfringement means that the accused product or process does not fall within the scope of the claims of the patent. Invalidity means that the patent is not enforceable because it does not meet the requirements of patentability. Misuse of the patent means that the patent owner has engaged in anticompetitive conduct that limits competition beyond the scope of the patent. Innocent infringement means that the accused infringer did not know, and had no reason to know, that the patent existed. Fair use is not a defense to patent infringement, but is a defense to copyright infringement.

Question 8

Which of the following was the result in Bilski v.Kappos,the case in the text involving whether a business process explaining how buyers and sellers of commodities in the energy market can use hedging to protect against price fluctuations is patentable?

Accepted Answer

In Bilski v. Kappos, the court ruled that the claimed invention was not a patent-eligible process because it was an abstract idea. The court held that abstract ideas are not patentable, and in this case, the process for hedging energy risks was deemed to be an abstract idea. The decision set a precedent for patent eligibility of business methods and sparked debate in the patent community.

Question 9

Under the ________ use doctrine,under certain circumstances,a person may infringe the copyright owner's exclusive rights without liability in the course of such activities as news reporting,education,scholarship,or research.

Accepted Answer

The fair use doctrine allows for certain uses of copyrighted material without permission from the owner, such as news reporting, education, scholarship, or research.

Question 10

What type of efficiency exists when competition among individual producers drives all but the lowest-cost producers of goods or services out of the market?

Accepted Answer

Productive efficiency exists when competition among individual producers drives all but the lowest-cost producers out of the market. This means that the remaining producers are able to produce goods or services at the lowest possible cost while maintaining quality standards. This results in the efficient use of resources and maximizes output for a given level of input.

Question 11

Which of the following is true regarding patent misuse?

Accepted Answer

The answer of Which of the following is true regarding...

Question 12

What are the four basic types of intellectual property?

Accepted Answer

The four basic types of intellectual property are patents, copyrights, trademarks, and trade secrets. Patents protect inventions or discoveries, copyrights protect creative works such as music or literature, trademarks protect logos or brand names, and trade secrets protect confidential information that gives a company a competitive advantage.

Question 13

The _________ doctrine provides that copyright protection does not extend to the useful application of an idea.

Accepted Answer

The useful article doctrine states that copyright protection does not extend to the functional or utilitarian aspects of an object, but only to its artistic or decorative features.

Question 14

A _________ mark is a coined term having no prior meaning until used as a trademark in connection with a particular product.

Accepted Answer

A fanciful mark is a made-up word that has no meaning prior to its association with a specific product or service. Examples include Kodak and Xerox.

Question 15

What did the court rule in the case in which Holiday Inn claimed that by using a similar number a travel agency infringed Holiday Inns' trademark in its vanity toll-free telephone number?

Accepted Answer

The court ruled that although there was a potential for confusion, there was no trademark violation.

Question 16

A design dictated by function may be protected by a(n)________ patent.

Accepted Answer

A design dictated by function, meaning the design is chosen because it is the best way for the product to perform its function, is typically protected by a utility patent. Utility patents protect the way an article is used and works.

Question 17

Which of the following is an example of an arbitrary trademark?

Accepted Answer

The answer of Which of the following is an example...

Question 18

An example of a fanciful trademark is

Accepted Answer

The answer of An example of a fanciful trademark is
...

Question 19

The defense of _________ is available when a trademark user truthfully uses a competitor's mark to identify the competitor's product for the user's own purposes.

Accepted Answer

Nominative use is a defense available for a trademark user when they truthfully use a competitor's mark to identify the competitor's products for their own purposes such as comparison, criticism, or simply providing information. This use is allowed under the fair use doctrine and is not considered infringement.

Question 20

The duration of a copyright granted to a known individual,not a work done for hire,will be

Accepted Answer

The duration of copyright for an individual's work that is not done for hire is the life of the author plus 70 years. This means that the copyright holder has exclusive rights to reproduce, distribute, and perform the work during this time period. After this time period has passed, the work falls into the public domain and can be used by anyone without permission or payment of royalties.

Quiz 11: Intellectual property