Question 1

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

Accepted Answer

The description given in the question matches the definition of a patent, which grants inventors exclusive rights and protection over their intellectual property for a certain period. Copyright pertains to creative works like books, music, and artwork. Service mark and trade name registrations refer to the protection of a company's brand through distinctive names and logos.

Question 2

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

Accepted Answer

The court may award damages in the amount of the plaintiff's actual loss caused by the misappropriation or the defendant's unjust enrichment resulting from the misappropriation, whichever is greater. This means that the plaintiff can recover its losses or the defendant's gains, whichever is higher. This option provides a fair balance between the interests of the plaintiff and defendant. Additionally, the court may also award other remedies such as injunctive relief or attorney's fees.

Question 3

Federal trademark protection:

Accepted Answer

Federal trademark protection can be abandoned if the trademark is not used in commerce for a certain period, typically three years, which is considered abandonment.

Question 4

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

Accepted Answer

The doctrine of works for hire states that if an employee prepares a work within the scope of their employment, their employer is considered the author of the work for copyright purposes. This means that the employer, not the employee, holds the copyright to the work and has the exclusive right to use and distribute it.

Question 5

A design patent:

Accepted Answer

A design patent has a duration of 14 years and protects the ornamental designs for manufactured products. To be granted a design patent, the design must also meet the requirements of novelty, ornamentality, and nonobviousness.

Question 6

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

Accepted Answer

Palming off of goods is specifically the act of a business selling its products or services under the guise of another established brand. This can include false advertising, imitation of packaging or labeling, or any other practices meant to deceive the consumer into believing they are buying from a different company. This type of fraudulent marketing is illegal and can result in legal action against the offending business.

Question 7

In most cases, how long does a copyright last?

Accepted Answer

In most cases, a copyright lasts for the life of the author plus 70 years. This means that the copyright owner has exclusive rights to their work during this time and can control its use, distribution, and reproduction. Once the copyright has expired, the work enters the public domain and can be used freely by anyone.

Question 8

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

Accepted Answer

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

Question 9

The Lanham Act has been amended by the:

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 also made changes to the Lanham Act, but it is not the only amendment.

Question 10

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

Accepted Answer

Copyright protects original works of authorship, including sculptures.

Question 11

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

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 12

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:

Accepted Answer

Copyright protects the original work of an artist, including paintings, from being reproduced without permission. It is the most relevant choice of protection for an original oil painting. Patents apply to inventions, trademarks apply to brand names and logos, and service marks apply to services provided by a business.

Question 13

Which of the following items would be patentable?

Accepted Answer

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

Question 14

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

Accepted Answer

The rights of the holder of a copyright are subject to both fair use and compulsory licenses. Fair use allows others to use copyrighted materials in certain situations without the permission of the copyright holder, while compulsory licenses require the copyright holder to allow others to use their copyrighted materials for certain purposes. Therefore, these two limitations are important in balancing the interests of copyright holders and the public. Palming off, on the other hand, refers to the practice of passing off one's goods or services as those of another, and is not directly related to copyright law.

Question 15

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

Accepted Answer

Certification marks are used to indicate that a product or service has met certain standards set by an independent organization. The "Good Housekeeping Seal of Approval" and "Underwriter's Laboratory" are both examples of certification marks. Service marks are used to identify services rather than products, collective marks are used by organizations to identify members or products made by members, and trademarks are used to identify specific brands or products.

Question 16

Regarding trademark protection:

Accepted Answer

The answer of Regarding trademark protection:
...

Question 17

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:

Accepted Answer

An idea that has not been expressed in a tangible form, such as a written manuscript, cannot be protected by copyright or any other intellectual property law.

Question 18

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:

Accepted Answer

A trade symbol can be protected under federal law if it is inherently distinctive or has acquired distinctiveness through a secondary meaning. It cannot be protected if it is merely a descriptive or geographic designation. Therefore, the best choice would be D - all of these.

Question 19

The Economic Espionage Act of 1996:

Accepted Answer

The Economic Espionage Act of 1996 allows for the punishment of organizations that violate the act with fines of up to $5 million.

Question 20

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

Accepted Answer

A trademark is a symbol (word, design, or both) that is used by a business to identify and distinguish its goods or services from those of others. The apple symbol used by Apple Computers is a unique identifier of their products and services, making it a trademark. A service mark is similar to a trademark but is used to identify and distinguish a business's services rather than its goods. A certification mark indicates that a product or service meets certain standards set by a third party. A collective mark identifies the products or services of members of a certain organization, association, or group. None of these other options accurately describe the purpose of the apple symbol used by Apple Computers.

Quiz 39: Protection of Intellectual Property