Question 1

The fraudulent marketing of one person's goods as those of another is referred to as:
A) palming off of goods.
B) trade secrets.
C) fraud.
D) a tying arrangement.

Accepted Answer

Palming off of goods refers to the fraudulent marketing of one person's goods as those of another. This includes passing off one's own goods as someone else's or misrepresenting a product's origin or manufacturer.

Question 2

The Economic Espionage Act of 1996:
A) defines trade secrets to include information only in tangible form.
B) protects the owner of trade secrets regardless of the measures used to keep the information secret.
C) provides for punishment of organizations that violate the act by subjecting them to fines of up to $5 million.
D) narrowly defines theft of trade secrets.

Accepted Answer

The answer of The Economic Espionage Act of 1996:
A) defines...

Question 3

Federal trademark protection:
A) lasts for fourteen years after registration.
B) can be renewed for only a limited number of times.
C) can be abandoned by non-use.
D) All of these.

Accepted Answer

Federal trademark protection can be abandoned by non-use.

Question 4

To be protected by federal law, a mark must be distinctive enough to identify clearly the origin of the goods or services. A trade symbol may satisfy the distinctiveness requirement by, in certain circumstances:
A) being a descriptive or geographic designation.
B) being inherently distinctive.
C) acquiring distinctiveness through a secondary meaning.
D) All of these.

Accepted Answer

In order to be protected by federal law, a mark must be distinctive enough to identify clearly the origin of the goods or services. A trade symbol may satisfy the distinctiveness requirement by:

A) being a descriptive or geographic designation - although these types of marks are not inherently distinctive, they may become protectable if they acquire secondary meaning through use in the marketplace.

B) being inherently distinctive - marks that are inherently distinctive, such as arbitrary or fanciful marks, are protectable without any need to show that they have acquired secondary meaning.

C) acquiring distinctiveness through a secondary meaning - if a mark is not inherently distinctive, it may still be protectable if it has acquired secondary meaning through use in the marketplace.

Therefore, the best choice is D, because a trade symbol may satisfy the distinctiveness requirement by being descriptive or geographic but acquiring secondary meaning, or by being inherently distinctive without the need for secondary meaning.

Question 5

Wanda has a new idea for a novel, which she won't have time to write until next year. She may protect it by means of:
A) patent.
B) copyright.
C) registration of the idea.
D) nothing. An idea that has not yet been developed into a tangible form cannot be protected.

Accepted Answer

An idea that has not yet been developed into a tangible form cannot be protected by any means. Both patent and copyright protection require tangible expression of an idea in a form of invention, discovery, or written work. Registration of the idea is also not possible as there is no legal provision for registering ideas.

Question 6

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.

Accepted Answer

A copyright is the best choice for protecting an original work of art such as a sculpture. Copyright protection grants the creator exclusive rights over the use, reproduction, and distribution of the work. It does not require a formal application and is automatically granted upon the creation of the work.

Question 7

A design patent:
A) has a duration of 14 years.
B) protects the ornamental designs for manufactured products.
C) requires a showing of novelty, ornamentality, and nonobviousness.
D) All of these.

Accepted Answer

A design patent has a duration of 14 years, protects the ornamental designs for manufactured products, and requires a showing of novelty, ornamentality, and nonobviousness. Therefore, all of these options are correct.

Question 8

An artist would like to protect one of his original oil paintings from being sold as original prints. He may protect his painting by applying for a:
A) copyright.
B) patent.
C) trademark registration.
D) service mark registration.

Accepted Answer

Copyright is the legal protection granted to original works of art, including paintings, upon creation. This would prevent others from making unauthorized copies or selling prints without permission. Patents and trademarks are not applicable to protecting a painting, and service marks are used to identify services rather than creative works.

Question 9

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.

Accepted Answer

The description provided in the question is that of a patent. Copyrights protect creative works like books or music, service mark registration protects branding related to services, and trade name registration protects a company's name or brand.

Question 10

If the court finds misappropriation of trade secrets, it may award the following remedies:
A) only damages in the amount of the pecuniary loss to the plaintiff caused by the misappropriation.
B) only damages in the amount of the pecuniary gain to the defendant.
C) treble damages.
D) Either damages in the amount of the pecuniary loss to the plaintiff caused by the misappropriation. or damages in the amount of the pecuniary gain to the defendant, whichever is greater.

Accepted Answer

The court may award damages in the amount of the pecuniary loss to the plaintiff caused by the misappropriation or damages in the amount of the pecuniary gain to the defendant, whichever is greater. This provides a fair remedy for the plaintiff without unduly punishing the defendant, and encourages businesses to properly protect their trade secrets. Treble damages may be awarded in cases where the misappropriation was willful and malicious.

Question 11

The apple which identifies Apple Computers is an example of a:
A) trademark.
B) service mark.
C) certification mark.
D) collective mark.

Accepted Answer

The apple which identifies Apple Computers is a trademark as it is a distinctive symbol that represents the brand and distinguishes it from others.

Question 12

The Lanham Act has been amended by the:
A) Federal Trademark Dilution Act and the Trademark Cyberpiracy Prevention Act of 1999.
B) Only the Trademark Cyberpiracy Prevention Act of 1999.
C) Anti-counterfeiting Amendments Act of 2004 and the Trademark Cyberpiracy Prevention Act of 1999.
D) Only the Federal Trademark Dilution Act.

Accepted Answer

The Lanham Act has been amended by both the Federal Trademark Dilution Act and the Trademark Cyberpiracy Prevention Act of 1999. The Anti-counterfeiting Amendments Act of 2004 only amended provisions related to counterfeiting and did not affect trademark law.

Question 13

Marks such as "Good Housekeeping Seal of Approval" and "Underwriter's Laboratory" are examples of:
A) service marks.
B) certification marks.
C) collective marks.
D) trademarks.

Accepted Answer

"Good Housekeeping Seal of Approval" and "Underwriter's Laboratory" are examples of certification marks, which are used by organizations to certify the quality or standards of a product or service. Certification marks cannot be used by the owner of the mark, they can only be used by those who meet the standards set by the certifying organization. Service marks are used to identify services, collective marks are used to indicate membership in an organization or group, and trademarks are used to identify goods or products.

Question 14

In order to be the subject of a suit for copyright infringement, the copyright:
A) must be registered with the copyright office.
B) must be registered with the copyright office unless the work is a Berne Convention work whose country of origin is not the United States.
C) must be registered with the copyright office before the infringement.
D) need not be registered under any circumstances.

Accepted Answer

In the United States, for works that are not originally from the U.S. but are part of the Berne Convention, registration is not a prerequisite for filing a copyright infringement lawsuit. The Berne Convention allows for the protection of works across all member countries without the need for registration in each country. However, for U.S. works, registration is generally required to bring a lawsuit for infringement.

Question 15

Which of the following items would be patentable?
A) A distinctive variety of an asexually reproducing plant
B) A textbook
C) The theory of relativity
D) A computer program

Accepted Answer

The answer of Which of the following items would be...

Question 16

Regarding trademark protection:
A) an applicant must have actually used the mark in commerce before it can be protected.
B) an owner may abandon the mark through non-use and lose protection.
C) will be presumed to have abandoned the mark after two years of non-use.
D) All of these are true.

Accepted Answer

The answer of Regarding trademark protection:
A) an applicant must have...

Question 17

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.

Accepted Answer

The doctrine of works for hire states that if an employee creates a work within the scope of their employment, then the employer is considered the author for copyright purposes. This means that the employer owns the copyright to the work, not the employee.

Question 18

To which of the following limitations are the rights of the holder of a copyright subject?
A) Fair use
B) Compulsory licenses
C) Palming off
D) Both fair use and compulsory licenses

Accepted Answer

The rights of the holder of a copyright are subject to both fair use and compulsory licenses. Fair use allows limited use of copyrighted material without obtaining permission from the copyright holder, whereas compulsory licenses require the copyright holder to allow others to use their copyrighted work in certain circumstances (such as for public performance or distribution) in exchange for payment.

Question 19

In most cases, how long does a copyright last?
A) 50 years
B) 17 years
C) 70 years
D) The author's life plus 70 years

Accepted Answer

Copyright usually lasts for the author's life plus 70 years. This means that the work is protected during the author's lifetime and for 70 years after their death. The exceptions to this include works created under government contracts (which may have different terms) and works that have fallen into the public domain.

Question 20

The U.S. Patent and Trademark Office issues a patent upon an application containing:
A) a specification, which describes the features that make the invention patentable.
B) claims, which describe the features that make the invention patentable.
C) claims, which describe how the invention works.
D) a summary of the prior similar inventions and an explanation of how this invention is distinct from them.

Accepted Answer

The answer of The U.S. Patent and Trademark Office issues...

Quiz 39: Protection of Intellectual Property

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

The Economic Espionage Act of 1996:

Federal trademark protection:

To be protected by federal law, a mark must be distinctive enough to identify clearly the origin of the goods or services. A trade symbol may satisfy the distinctiveness requirement by, in certain circumstances:

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

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

A design patent:

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

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

If the court finds misappropriation of trade secrets, it may award the following remedies:

The apple which identifies Apple Computers is an example of a:

The Lanham Act has been amended by the:

Marks such as "Good Housekeeping Seal of Approval" and "Underwriter's Laboratory" are examples of:

In order to be the subject of a suit for copyright infringement, the copyright:

Which of the following items would be patentable?

Regarding trademark protection:

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

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

In most cases, how long does a copyright last?

The U.S. Patent and Trademark Office issues a patent upon an application containing: