Question 1

Which of the following doctrines gives the former employer the opportunity to make the case that only by revealing trade secrets can the former employee perform the new job?

Accepted Answer

The doctrine of inevitable disclosure gives the former employer the opportunity to make the case that only by revealing trade secrets can the former employee perform the new job.

Question 2

Which of the following statements is true regarding a trade name?

Accepted Answer

A trade name is the name of a firm or business and differs from a trademark in that it identifies the producer rather than the products or services produced. Because trade names are not trademarks, they cannot be registered under the Lanham Act.

Question 3

Which of the following domain name is used for commercial organizations?

Accepted Answer

The domain name .com is used for commercial organizations .

Question 4

The shape of a Coca-Cola bottle is protected with the help of a _____.

Accepted Answer

Although words are probably the principal form of trademarks, names, symbols, and devices can also serve as trademarks. Devices such as the shape of a Coca-Cola bottle have been ruled trademarks.

Question 5

The _____ simply register a name of a business, wait for the business to attempt to register the name, and then contact the business to get the business to buy the name back.

Accepted Answer

The cybersquatters simply register a name of a business, wait for the business to attempt to register the name, and then contact the business to get the business to buy the name back.

Question 6

The Trademark Act of 1946 is commonly referred to as the _____.

Accepted Answer

The Trademark Act of 1946 is commonly referred to as the Lanham Act.

Question 7

Which of the following domain names is still restricted?

Accepted Answer

The domain name .mil is used for the Websites related to the U.S. military and it is restricted .

Question 8

Which of the following best represents a formula, pattern, device, or compilation of information that is used in one's business and that gives one an opportunity to obtain an advantage over competitors who do not know or have it?

Accepted Answer

A trade secret may be any formula, pattern, device, or compilation of information that is used in one's business and that gives one an opportunity to obtain an advantage over competitors who do not know or have it.

Question 9

Which of the following domain names is unrestricted?

Accepted Answer

.net is generally used for Websites related to network infrastructure and it is an unrestricted domain name. .mil, .edu, and .gov are restricted domain names .

Question 10

Which of the following statements is true regarding trade secrets?

Accepted Answer

A compilation of information that is used in one's business is an example of a trade secret. Trade secret law does not prevent others from acquiring the trade secret through reverse engineering.

Question 11

The mark Good Housekeeping Seal of Approval indicates that particular products meet standards imposed by the Good Housekeeping magazine. The 'Good Housekeeping Seal of Approval' mark is most likely to be an example of a _____.

Accepted Answer

A certification mark is used to indicate that certain goods or services originated in a particular region, or that they are of a particular nature, quality, or characteristic, or that they were produced by a member of a particular organization. The 'Good Housekeeping Seal of Approval' mark is an example of a certification mark.

Question 12

A _____ is protected under the Lanham Act and is used to indicate that certain goods or services originated in a particular region, or that they are of a particular nature, quality, or characteristic, or that they were produced by a member of a particular organization.

Accepted Answer

The Lanham Act also provides for certification marks. A certification mark is used to indicate that certain goods or services originated in a particular region, or that they are of a particular nature, quality, or characteristic, or that they were produced by a member of a particular organization.

Question 13

The _____ incorporate a trademarked name into their name and divert the hits on the website to their sites to make a profit from the online advertisers who paid per hit.

Accepted Answer

The cyberpirates incorporate a trademarked name into their name and divert the hits on the website to their sites to make a profit from the online advertisers who paid per hit.

Question 14

The domain name _____ is used by international organizations established by treaty.

Accepted Answer

The domain name .int is used by international organizations established by treaty .

Question 15

Which of the following statements is true regarding trademarks?

Accepted Answer

Trademarks are protected under a federal statute known as the Trademark Act of 1946, commonly referred to as the Lanham Act. The basic purpose of trademarks is to identify and distinguish goods and services provided by different manufacturers. Symbols and devices can serve as trademarks. Trademark protection has no limited term, but rather is protected for as long as it is used in commerce.

Question 16

Which of the following can NOT be registered under the Lanham Act?

Accepted Answer

Because trade names are not trademarks, they cannot be registered under the Lanham Act, but they are instead protected under nearly identical principles housed in the common law.

Question 17

A tag attached to a cloth stating that it was made by the International Ladies' Garment Workers Union is most likely to be an example of a _____.

Accepted Answer

A collective mark indicates that goods or services are produced by members of a collective group or simply indicates membership in a particular group.

Question 18

The term _____ refers to the total image of a product, including the size, shape, color, texture, graphics, or particular sales technique employed.

Accepted Answer

The term trade dress refers to the total image of a product, including the size, shape, color, texture, graphics, or particular sales technique employed.

Question 19

MGM uses the sound of a lion's roar for its motion pictures. This sound is most likely to be protected by a _____.

Accepted Answer

If the service of the company deals with communications, the service mark can be a sound. For example, AT&T uses a tone sound followed by a woman's voice speaking the company's name to identify its long distance service. MGM uses the sound of a lion's roar for its motion pictures.

Question 20

A _____ identifies the producer rather than the products or services produced.

Accepted Answer

A trade name is the name of a firm or business and differs from a trademark in that it identifies the producer rather than the products or services produced.

Quiz 15: Intellectual Property