Deck 40: Intellectual Property

Question 1

4)The characters and the names of a television show may be registered as collective marks.

Answer 1

False

Question 2

17)A person may misappropriate a trade secret by unintentionally discovering it.

Answer 2

False

Question 3

13)Copyright infringement may be unintentional.

Answer 3

True

Question 4

8)While employed, an employee who has no restrictive employment contract with his employer may divulge secrets to a competitor.

Question 5

16)A patent may be renewed.

Question 6

20)Nature's Finest, Inc. develops a fruit juice bottle design and label with distinctive shades of orange, red, and green. Only the company's name and not the appearance of its product can be a trademark.

Question 7

2)Infringement of a mark is the unauthorized use of an identical or substantially indistinguishable mark that is likely to cause confusion, to cause mistake, or to deceive.

Question 8

11)A copyright would protect a photograph.

Question 9

1)Trade secret law protects a trade secret for renewable 20-year terms.

Question 10

3)Electronic surveillance for the purpose of acquiring trade secrets is permissible under the law of unfair competition.

Question 11

9)Some businesses choose not to obtain a patent because it provides protection for only a limited time.

Question 12

14)A patent lasts for the same period of time as a copyright.

Question 13

12)Georgia's company may lawfully discover Samantha's company's trade secrets if Samantha's company fails to take reasonable precautions to protect their trade secrets.

Question 14

7)An employee may quit and then use information he learned at the company to compete with the company, unless there was some unfair competition or trade secret involved.

Question 15

5)For a mark to be protected under federal law, it must be registered with the Patent and Trademark Office.

Question 16

10)The "Good Housekeeping Seal of Approval" is an example of a service mark.

Question 17

18)The Economic Espionage Act of 1996 prohibits the theft of trade secrets and provides criminal penalties for violations.

Question 18

6)One way of keeping a trade secret is to obtain a patent on it.

Question 19

15)A patent last for life, while a copyright ends after 50 years.

Question 20

19)Knowing and intentional use of a counterfeit mark can be a criminal offense.

Question 21

30)The effect of a "secondary meaning" is that it may make a mark distinctive enough to allow it to be protected by the Lanham Act.

Question 22

28)In most cases, copyright protection lasts for the period of a person's life plus an additional seventy years.

Question 23

23)The word "truck" cannot be a trademark for trucks, although it could be a trademark for a new brand of designer jeans.

Question 24

38)Design patents grant the holder a 14-year monopoly.

Question 25

24)"Palming off" was one of the earliest forms of unfair competition, but it is not found today.

Question 26

39)The owner of a collective mark is the producer of the goods it seeks to mark.

Question 27

27)The union mark attached to many goods in the United States is a collective mark.

Question 28

26)Goods bearing a counterfeit mark may be destroyed without compensation to the owner of the goods.

Question 29

35)Federal trademark protection may be obtained for the symbol of the U.S. flag.

Question 30

34)The Digital Millennium Copyright Act of 1998 amended the Copyright Act to create limitations on the liability of online providers for copyright infringement when they are engaging in certain activities.

Question 31

37)The duration of a copyright is the same whether the copyright is owned by the author or if it is a work for hire.

Question 32

40)The designation "TM" or "SM" cannot be used until and unless the mark is registered.

Question 33

22)A corporation in the business of developing genetically engineered pharmaceutical products has developed a new genetically engineered microorganism that it would like to protect. The corporation may patent the microorganism.

Question 34

33)A collective mark is used in connection with goods or services to certify their regional origin.

Question 35

36)Two years of nonuse raises a presumption of abandonment and loss of a federally protected trademark.

Question 36

31)The author of a creative work does not own the entire copyright.

Question 37

29)A professor photocopies fifty copies of a copyrighted chart to distribute to his students in class. This is a clear violation of the Copyright Act.

Question 38

32)A person is a direct infringer if he knowingly sells or supplies a part or component of a patented invention.

Question 39

21)T-J Computer Company has developed a new and innovative magazine and television ad campaign that it would like to protect from use by its competitors. T-J may copyright its magazine and television ads.

Question 40

25)Injunctive relief is a common remedy under the Lanham Act.

Question 41

49)Wanda has an idea for a novel, but she won't have time to write it until next year. She may protect it by means of:

A) a patent.
B) a copyright.
C) registration of the idea.
D) An idea that has not yet been developed into a tangible form cannot be protected.

Question 42

57)Federal registration of a mark under the Lanham Act:

A) permits the registrant to use the federal courts to enforce the mark.
B) is required to establish rights in the mark.
C) makes the registrant's exclusive right to use the mark incontestable after three years.
D) All of these.

Question 43

55)Federal trademark protection:

A) lasts for ten years after registration.
B) can be renewed an unlimited number of times.
C) can be abandoned by non-use.
D) All of these.

Question 44

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

A) all former employees have an obligation to refrain from using the general knowledge, skills, and experience acquired under the former employer.
B) customer lists are always protected as trade secrets.
C) where a former employee seeks to use trade secrets of the former employer to obtain a competitive advantage, the competitive activity can be enjoined.
D) the Uniform Trade Secrets Act distinguishes between written and memorized information in determining whether the information is entitled to trade secret protection.

Question 45

54)The Economic Espionage Act of 1996 defines theft of trade secrets to include:

A) stealing, obtaining by fraud, or concealing such information.
B) without authorization copying or mailing such information.
C) purchasing or possessing a trade secret with knowledge that it has been stolen.
D) All of these.

Question 46

47)A statutorily secured monopoly right that is issued to inventors or discoverers of useful new devices or processes is known as a:

A) copyright.
B) patent.
C) service mark registration.
D) trade name registration.

Question 47

44)Trade symbols would include which of the following?

A) Service mark.
B) Certification mark.
C) Collective mark.
D) All of these.

Question 48

46)An artist would like to protect one of her original oil paintings from being sold as original prints. She may protect her painting by applying for a:

A) copyright.
B) patent.
C) trademark registration.
D) service mark registration.

Question 49

51)Which of the following is true under the Anti-counterfeiting Amendments Act of 2004?

A) A court may increase a damage award by three times the amount that would otherwise be awarded if a copyright violation occurs within three years of a judgment for a previous violation.
B) Counterfeit trademarks are redefined.
C) Copyright protection was extended for ten years to safeguard mask works embodied in a semiconductor chip product.
D) It amended the Lanham Act to extend protection to the owner of a trademark or service mark from any person who, with a bad faith intent to profit from the mark, registers, traffics in, or uses a domain name which is identical to or confusingly similar to a distinctive mark.

Question 50

50)Under copyright law, the doctrine of works for hire states that:

A) if an employee prepares a work within the scope of her employment, her employer is considered the author of the work.
B) if an employee prepares a work within the scope of her work, the employee is considered the author of the work for copyright purposes.
C) if the work is specially ordered or commissioned, it is always considered, for copyright purposes, the work of the employer.
D) a person's original creations, if committed to tangible form, are always considered to be authored by the actual creator in the law of copyright.

Question 51

59)A design patent:

A) has a duration of 14 years.
B) refers to ornamental designs for manufactured products.
C) requires a showing of novelty, ornamentality, and nonobviousness.
D) All of these.

Question 52

43)How long does a copyright last?

A) Exactly 25 years.
B) 17 years.
C) Exactly 50 years.
D) The author's life plus 70 years.

Question 53

56)Regarding trademark protection:

A) federal registration is required to establish rights in a mark.
B) an owner may abandon the mark through non-use and lose protection.
C) the owner will be presumed to have abandoned the mark after two years of non-use.
D) All of these.

Question 54

45)To which of the following limitations are the rights of the holder of a copyright subject?

A) Charitable use.
B) Compulsory licenses.
C) Palming off.
D) All of these.

Question 55

52)The fraudulent marketing of one person's goods as those of another is referred to as:

A) palming off goods.
B) trade secrets.
C) dilution.
D) a tying arrangement.

Question 56

58)Examples of service marks include:

A) Howard Johnson's orange roof.
B) trade dress.
C) nonfunctional design of labels.
D) All of these.

Question 57

48)A sculptor wishes to protect one of his original works. He may do so by applying for a:

A) copyright.
B) patent.
C) service mark registration
D) trademark registration

Question 58

41)Intellectual property consists of which of the following?

A) Trade secrets.
B) Patents.
C) Trade symbols.
D) All of these are considered intellectual property.

Question 59

53)Under the Leahy-Smith America Invents Act signed into law in 2011:

A) a patent will be awarded to the first inventor to file an application for the invention.
B) a patent will be awarded to the first person to create an invention.
C) patents granted after January 2012 may be renewed for one additional term.
D) the patent application process will be more complicated, but it will harmonize the U.S. system with systems commonly used in other countries with which the U.S. trades.

Question 60

42)Curtis, without authorization and after many unsuccessful attempts to access the information, downloads a formula used by his employer to make an award-winning product. He plans to sell the formula to a competitor and make enough money to retire. Instead, he may face:

A) a fine of up to $500,000 or imprisonment for up to ten years.
B) a fine of up to $1 million or imprisonment for up to twenty years .
C) a fine in the amount determined to be the employer's potential loss.
D) imprisonment for up to fifty years.

Question 61

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

A) the duration and extent of the use.
B) the degree of recognition of the mark.
C) the degree of inherent or acquired distinctiveness of the mark.
D) All of these.

Question 62

77)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.

Question 63

65)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:

A) Jonah may in all likelihood register the name "Harvard Software" under the Lanham Act.
B) Jonah may in all likelihood be able to copyright the name "Harvard Software" under the Copyright Act.
C) it is unlikely that Jonah will be able to register the name "Harvard Software," because it falsely suggests a connection to an institution.
D) it is unlikely that Jonah will be able to register the name "Harvard Software," because it has no secondary meaning.

Question 64

76)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?

Question 65

62)Infringement of a mark occurs when:

A) a person intends to confuse purchasers.
B) it is proved that purchasers were actually confused by use of an identical or substantially indistinguishable mark.
C) and only when, the mark is identical to another mark.
D) a person without authorization uses an identical or substantially similar mark that is likely to cause confusion, to cause mistake, or to deceive.

Question 66

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

A) Attorneys' fees in some but not all cases.
B) An accounting for profits.
C) Treble damages when appropriate.
D) Injunctive relief.

Question 67

71)The NET Act was enacted to:

A) require publication of certain utility and plant patent applications 18 months after filing even if the patent has not yet been granted.
B) protect the owner of a trademark or service mark from any person who, with a bad faith intent to profit from the mark, uses a domain name which is a protected trademark or word.
C) extend U.S. copyright protection to works required to be protected under the World Intellectual Property Organization Copyright Treaty and the WIPO Performances and Phonograms Treaty.
D) to close a loophole in the Copyright Act which permitted infringers to pirate copyrighted works willfully and knowingly as long as they did not do so for profit.

Question 68

74)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?

Question 69

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

Question 70

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

A) Infringement of unregistered trade dress.
B) Infringement of a registered symbol.
C) Use of a certification mark.
D) Use of a collective mark.

Question 71

72)Plant patents require which of the following elements?

A) Distinctiveness.
B) Novelty. .
C) Nonobviousness.
D) All of these.

Question 72

63)The remedies for infringement under the Patent Act are:

A) treble damages, when appropriate.
B) fines, in cases of knowing infringement.
C) imprisonment, in cases of knowing infringement.
D) All of these.

Question 73

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

A) The discovery of a medical use for moon rocks.
B) The invention of a miniature portable generator.
C) The discovery of a method of making soap from sand.
D) The invention of a fingernail-sized radio.

Question 74

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

A) the Federal Copyright Act.
B) the Lanham Act.
C) the Berne Convention.
D) compulsory licenses.

Question 75

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

Question 76

67)An example of a "certification mark" would be:

A) Holiday Inns.
B) Xerox.
C) Real Cheese.
D) Nabisco.

Question 77

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

A) Rescission and restitution.
B) Punitive damages.
C) Injunction.
D) All of these.

Question 78

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

A) Berne Convention.
B) Convention on International Copyright Protection (CICP).
C) Geneva Convention.
D) Madrid Protocol.