Question 1

Infringement of a mark occurs when:

Accepted Answer

This choice accurately reflects the legal standard for trademark infringement under federal law in the United States. In order for infringement to occur, the person using the mark without authorization must use an identical or substantially similar mark in a way that is likely to cause confusion, mistake, or deception among consumers. Intent to confuse or actual confusion by consumers are not required elements for infringement to occur, although they may be relevant factors in determining whether confusion is likely under the circumstances.

Question 2

If a registered copyright is willfully infringed, the owner may ask for and receive which of the following remedies?

Accepted Answer

The answer of If a registered copyright is willfully infringed,...

Question 3

The international treaty to which the United States is a party and which protects copyrighted works is known as the:

Accepted Answer

The Berne Convention is the international treaty that sets out the rules for copyrights and related rights. The United States became a party to the convention in 1989.

Question 4

A person who intentionally and knowingly uses a counterfeit mark may receive:

Accepted Answer

The answer of A person who intentionally and knowingly uses...

Question 5

Julius had just finished a reading of his work in a local park.Afterwards he passed out copies of the same for folks to enjoy at home.However, Martina took her copy to a local college magazine and had it published in her name.What are Julius's rights under the copyright law?

Accepted Answer

The answer of Julius had just finished a reading of...

Question 6

Incellmed Corporation has developed a new process that it plans to use in genetically engineering microorganisms for its pharmaceutical business.To protect the process, Incellmed may:

Accepted Answer

In order to protect the process of genetically engineering microorganisms, Incellmed should either patent the process or protect it as a trade secret. However, the choice between a patent and a trade secret will depend on several factors, such as the novelty and potential commercial value of the process, the ability to keep the process confidential, and the cost and duration of the protection. In general, a patent provides a limited monopolistic right to prevent others from making, using, selling, and importing the claimed process for a certain period of time (usually 20 years from the filing date), in exchange for disclosing the process in a patent application. A patent can increase the value of the process as an asset, deter competitors from copying the process, and license or sell the process to others. However, obtaining and enforcing a patent can be expensive, time-consuming, uncertain, and subject to legal challenges, and a patent does not protect against independent development or reverse engineering of the process. A trade secret, on the other hand, does not require registration or disclosure, but involves keeping the process confidential by taking reasonable measures to prevent its disclosure to others who could derive economic value from it, such as through non-disclosure agreements or physical and technical security measures (e.g., locked doors, passwords, encryption). A trade secret can be less expensive, more flexible, and potentially perpetual than a patent, but can also be lost or stolen through various means, such as espionage, hacking, or employee turnover. In any case, Incellmed should consult with a patent attorney or a trade secret specialist to assess the best strategy for protecting its process.

Question 7

An example of a "certification mark" would be:

Accepted Answer

A certification mark is used to show that goods or services meet certain standards or characteristics. "Real Cheese" is an example of a certification mark indicating that the product is made with genuine cheese.

Question 8

Edwina wrote an original novel entitled "Good Thunder on the Prairie" and registered a copyright on her work.A vice-president/producer at a film studio read the book and thought it would make an excellent made-for-television movie, so without consulting Edwina, he developed a script based upon the novel and produced it as "Thunder Storm on the Prairie." What, if any, recourse does Edwina have under the circumstances?

Accepted Answer

The answer of Edwina wrote an original novel entitled "Good...

Question 9

What are the ways that basic trade secrets are misappropriated?

Accepted Answer

The answer of What are the ways that basic trade...

Question 10

Curt has no connection with Harvard University, but he has a new line of computer software that he would like to market to university students and faculty under the name of "Harvard Software." In this case:

Accepted Answer

It is unlikely that Curt will be able to register the name "Harvard Software" because it falsely suggests a connection to an institution. The Lanham Act does not allow for the registration of names that falsely suggest a connection to a particular person or institution.

Question 11

Which one of the following cannot be registered under the Lanham Act?

Accepted Answer

An immoral mark cannot be registered under the Lanham Act as they are considered to be against public policy and the law.

Question 12

Which of the following remedies is NOT available for patent infringement?

Accepted Answer

An accounting for profits is not a remedy available for patent infringement under U.S. law. Remedies typically include damages, possibly trebled for willful infringement, injunctive relief, and attorney fees in exceptional cases.

Question 13

A patent would be appropriate in all but which one of the following cases?

Accepted Answer

A patent is not appropriate for discoveries, such as the medical use of moon rocks, as patents are meant for inventions or processes that are new, useful, and non-obvious.

Question 14

What are some of the remedies available for infringement under the Lanham Act?

Accepted Answer

All of these options are remedies available for infringement under the Lanham Act. An injunction may be issued to stop the infringing activity, the impoundment and destruction of the infringing articles can be ordered, and the plaintiff may be able to recover up to three times their actual damages as well.

Question 15

Congressional legislation implementing the Madrid Protocol:

Accepted Answer

The Madrid Protocol is an international treaty that allows trademark owners to obtain protection in multiple countries by filing a single application. Congressional legislation implemented this treaty in the United States, allowing U.S. trademark owners to take advantage of the simplified registration process provided by the Protocol. The other choices (A, C, and D) are not related to the Madrid Protocol, so they are incorrect.

Question 16

Utility patents require which of the following elements?

Accepted Answer

Utility patents require novelty, which means that the invention must be new and not previously disclosed or made available to the public. Ornamentality, distinctiveness, and obviousness are requirements for design patents, which protect the ornamental design of a functional item.

Question 17

Incellmed Corporation is in the business of developing genetically engineered pharmaceutical products.It uses a number of highly technical secret processes in its business.Martin worked for the company for five years and then left after an argument with one of the vice presidents of the company.He then went to work for one of Incellmed's competitors, which has begun to market similar products that seem to have been produced using the secret processes developed and used by Incellmed.What, if any, recourse does Incellmed have under the circumstances?

Accepted Answer

The answer of Incellmed Corporation is in the business of...

Quiz 39: Protection of Intellectual Property