Question 1

Plant patents require which of the following elements?

Accepted Answer

Plant patents require the elements of distinctiveness, nonobviousness, and novelty.

Question 2

The remedies for infringement under the Patent Act are:

Accepted Answer

Under the Patent Act, remedies for infringement can include treble damages, which are damages tripled as a punitive measure in cases of willful infringement. Fines and imprisonment are not typical remedies under the Patent Act.

Question 3

The NET Act was enacted to:

Accepted Answer

The NET Act (No Electronic Theft Act) was enacted to close a loophole in the Copyright Act that allowed individuals to willfully and knowingly pirate copyrighted works without facing criminal penalties, provided they did not do so for profit.

Question 4

Edwina wrote an original novel entitled "Good Thunder on the Prairie" and registered a copyright on her work.A producer 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 5

The Wal-Mart Stores,Inc.v.Samara Brothers,Inc.case involved which of the following?

Accepted Answer

The case involved infringement of unregistered trade dress, specifically the design of Samara Brothers' children's clothing line which Wal-Mart allegedly copied.

Question 6

Discuss the concept of fair use in relation to copyright law.

Accepted Answer

The answer of Discuss the concept of fair use in...

Question 7

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

Accepted Answer

Medical uses for naturally occurring substances, such as moon rocks, cannot be patented under U.S. law. They can, however, be protected by trade secret or other means. All the other inventions listed are potentially patentable.

Question 8

A mark distinctive enough to clearly identify the origin of the goods or services can be protected under:

Accepted Answer

The Lanham Act, also known as the Trademark Act of 1946, provides federal protection for trademarks, service marks, and trade names used in commerce, which allows them to be registered with the U.S. Patent and Trademark Office (USPTO). Compulsory licenses apply to copyright and related rights, while the Berne Convention deals with international copyright protection. The Federal Copyright Act protects original works of authorship fixed in a tangible medium of expression. Therefore, the best choice is B, as it specifically addresses the protection of marks.

Question 9

Kartov Corporation is in the business of developing 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 Kartov's competitors,which has begun to market similar products that seem to have been produced using the secret processes developed and used by Kartov.What,if any,recourse does Kartov have under the circumstances?

Accepted Answer

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

Question 10

Infringement of a mark occurs when:

Accepted Answer

Infringement of a mark occurs when a person without authorization uses an identical or substantially similar mark that is likely to cause confusion, to cause mistake, or to deceive. The intention to confuse purchasers or actual confusion of purchasers is not required to prove infringement. The mark does not necessarily have to be identical to another mark, but it must be similar enough to cause confusion.

Question 11

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 the United States is a party to and which protects copyrighted works.

Question 12

Jonah,a businessman,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

The name "Harvard Software" falsely suggests a connection to an institution with which Jonah has no affiliation. Therefore, it is unlikely that he will be able to register the name under the Lanham Act.

Question 13

Identify the three types of patents,their requirements,and duration.

Accepted Answer

The answer of Identify the three types of patents,their requirements,and...

Question 14

In the Ed Nowogroski Insurance,Inc.v.Rucker case,the court found that:

Accepted Answer

In the Ed Nowogroski Insurance, Inc. v. Rucker case, the court found that a former employee cannot use trade secrets of the former employer to obtain a competitive advantage. Therefore, the competitive activity can be enjoined. This implies that the court recognized the protection of trade secrets and their importance in maintaining a competitive business environment. However, the other options provided are incorrect as they do not accurately reflect the court's decision in the case.

Question 15

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 attorneys' fees in exceptional cases.

Question 16

Identify the following trade symbols according to their type.
a.The Underwriter's Laboratory Mark.
b.The apple used by Apple Computers.
c.The "GM" symbol that appears on General Motors' automobiles.
d.The "A" symbol used by American Airlines.
e.The Muppets characters Miss Piggy and Kermit the Frog.
f. The union-made symbol.

Accepted Answer

The answer of Identify the following trade symbols according to...

Question 17

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

Accepted Answer

In cases of willful copyright infringement, the owner may seek an injunction to prevent further infringement. Rescission and restitution are not typical remedies for copyright infringement, and punitive damages are generally not awarded in copyright cases.

Question 18

An example of a "certification mark" would be:

Accepted Answer

"Real Cheese" is an example of a certification mark because it certifies that the cheese is made from real milk and meets certain quality standards set by the certifying organization. This mark does not identify a particular brand, but rather certifies the quality of the product itself.

Question 19

In determining whether a mark is distinctive and famous under the Federal Trademark Dilution Act,a court may consider factors such as:

Accepted Answer

All three factors listed (duration and extent of use, degree of recognition, and inherent or acquired distinctiveness) are commonly considered by courts in determining whether a mark is distinctive and famous under the Federal Trademark Dilution Act.

Quiz 40: Intellectual Property