Question 1

In order to be patentable,an invention must not be one that a person of ordinary skill in the trade could have easily discovered.

Accepted Answer

A) True 
 B)False

Question 2

If Saya decides to ask the USPTO to reexamine Ramona's patent,what is she asking the USPTO to do?

Accepted Answer

A)  To consider whether Ramona's patent application was filed for inappropriate purposes.
B)  To consider if Saya's product better qualifies for patent protection.
C)  To consider whether Ramona's patent invalidates prior art and whether it should have in fact been issued.
D)  To consider if Ramona's patent actually infringes on Saya's product.
E)  To consider whether Ramona's patent application was timely filed.F) C) and E)
G) B) and E)

Question 3

A tying arrangement occurs when the holder issues a license to use a patented object only if the licensee agrees to buy some non-patented product from the holder.

Accepted Answer

A) True 
 B)False

Question 4

Which of the following statements,if true,would best support dismissal of the lawsuit against Saya?

Accepted Answer

A)  Saya's product,which contained the same ideas as in Ramona's patent,was already in existence before Ramona filed her patent application
B)  Saya's product functions more efficiently than Ramona's product.
C)  Ramona sold her product before the patent was issued.
D)  Ramona sold her product before filing her patent application
E)  Saya had the idea for the product ten years ago,but did not have time to perfect it.F) A) and E)
G) C) and D)

Question 5

As recognized in the case in the text,Toys "R" Us,Inc. ,v.Canarsie Kiddie Shop,Inc. ,to obtain trademark protection,a descriptive term must have attained ________.

Accepted Answer

A)  Primary meaning
B)  Secondary meaning
C)  Secondary acknowledgement
D)  Secondary application
E)  Primary applicationF) None of the above
G) A) and B) B

Question 6

Which of the following is false regarding trade secret protection?

Accepted Answer

A)  A company's client list may be considered a trade secret.
B)  Competitors may not discover trade secrets by doing reverse engineering.
C)  Competitors may discover secrets by going on public tours of plants and observing the use of the trade secret.
D)  Lawful discovery of a trade secret means there is no longer a trade secret to be protected.
E)  There is no registration of trade secrets.F) None of the above
G) B) and C)

Question 7

The question of whether Marcus intends to expand into the area of dog grooming product sales is relevant to which concept in a consideration of trademark infringement?

Accepted Answer

A)  The possibility of bridging the gap
B)  The possibility of building the bridge
C)  The possibility of twin competition
D)  The possibility of actual confusion
E)  The possibility of sweeping the productF) A) and E)
G) B) and E)

Question 8

If a trademark is unregistered,which of the following may the holder recover when an infringer uses the mark to pass off goods as being those of the mark owner?

Accepted Answer

A)  An additional amount of damages computed as a multiplier of 5 times the original damages.
B)  Damages and an injunction prohibiting the infringer from using the mark.
C)  Only an injunction prohibiting the infringer from using the mark.
D)  Only damages.
E)  Damages,an injunction prohibiting the infringer from using the mark,and additional damages based on a multiplier of 5 times the original damages.F) A) and C)
G) C) and D)

Question 9

Tomas took a number of wedding photos at Maura's wedding.He was paid as the photographer.On all of the photographs,he appropriately noted in the bottom right-hand corner information showing that he was claiming copyright protection.Maura came to see Tomas three years after the initial photographs were taken and requested that he grant her permission to run off as many copies as she wanted at the local photo shop from the pictures that she initially purchased.The photo shop had refused to reproduce the photographs without his permission.When he refused to give her permission to do so,Maura started a heated argument.She told Tomas that photographs are not entitled to copyright protection.She also told him that even if he was correct that there was some copyright protection,it only lasted for two years and that,in any event,damages for copyright infringement are unavailable.
-Regarding Maura's claim that photographs are not subject to copyright protection,which statement is accurate?

Accepted Answer

A)  She is correct but only because family pictures are involved.Family pictures may not be the subject of copyright,but landscape photographs may be the subject of copyright protection.
B)  She is partially correct.Tomas was entitled to copyright protection on the first picture.After Maura purchased the first picture,however,she could make as many copies as she wanted.
C)  She is correct.Photographs are not subject to copyright protection even if taken by a professional photographer.
D)  She is correct only because Tomas had not registered the photographs for copyright protection.
E)  She is incorrect.Photographs may be the subject of copyright protection.F) A) and C)
G) A) and E)

Question 10

Copyrights protect ideas themselves.

Accepted Answer

A) True 
 B)False

Question 11

If Natalia includes a claim that Heavenly Balloon's mark infringed on her trademark,how would a court most likely rule?

Accepted Answer

A)  For Benji,because sophisticated consumers would know the difference.
B)  For Natalia,but only because of the similarity in color of the two marks.
C)  For Benji,because the restaurant names are not identical.
D)  For Natalia,but only because of the evidence that consumers were confused by the two marks.
E)  For Natalia,because consumers are likely to be confused by the two marks.F) A) and E)
G) A) and C)

Question 12

Do both state and federal law protect against trademark dilution?

Accepted Answer

A)  Every state has a law against trademark dilution and there is a federal law.
B)  Only some states have trademark dilution laws,but there is no federal law.
C)  Both federal law and some states have trademark dilution laws.
D)  Every state has a law against trademark dilution,but there is no federal law.
E)  There is a federal law,but no state law.F) C) and E)
G) None of the above

Question 13

If Ramona is successful in her patent infringement action,what type of result could she be entitled to receive?

Accepted Answer

A)  An injunction prohibiting further sale or use of the infringing product by the infringer and also an award of damages.
B)  Damages only
C)  An injunction prohibiting further sale or use of the infringing product by the infringer and an order for destruction of the infringing property,but not damages.
D)  An injunction prohibiting further sale or use of the infringing product by the infringer,but not damages.
E)  An order for destruction of the infringing property and damages,but not an injunction.F) B) and D)
G) D) and E)

Question 14

If Tomas decides to register the photographs for copyright protection,how would he go about doing so?

Accepted Answer

A)  He would register by filing a form with the Register of Copyright and providing two copies of the copyrighted materials to the Library of Congress.
B)  He only has to provide two copies of the copyrighted materials to the Library of Congress.
C)  He would register by affixing the appropriate symbol at the bottom of the photograph followed by the first date of publication and his name.
D)  He only has to register by filing a form with Register of Copyright.
E)  He would register by filing notice with the Copyright Protection Office.F) D) and E)
G) B) and E)

Question 15

A[n] ________ is a distinctive mark,word,design,picture,or arrangement that is used by a producer in conjunction with a product and tends to cause consumers to identify the product with the producer.

Accepted Answer

A)  Patent
B)  Trademark
C)  Intellectual Property
D)  Trade secret
E)  CopyrightF) D) and E)
G) B) and C)

Question 16

Regarding trade secret protection,which statement is accurate?

Accepted Answer

A)  A trade secret is protected from unlawful appropriation by competitors for seventy years.
B)  A trade secret is protected from unlawful appropriation by competitors as long as it is kept secret and consists of elements not generally known in the trade.
C)  A trade secret is protected from unlawful appropriation by competitors for thirty years as long as it is kept secret and consists of elements not generally known in the trade.
D)  A trade secret is protected from unlawful appropriation by competitors for twenty years.
E)  A trade secret is protected from unlawful appropriation by competitors for ten years.F) B) and E)
G) A) and D)

Question 17

Which of the following is a mark identifying the producers as belonging to a larger group,such as a trade union?

Accepted Answer

A)  Service mark
B)  Certification mark
C)  Collective mark
D)  Product trademark
E)  Physical activity markF) B) and C)
G) A) and E) C

Question 18

In determining whether a mark infringes on a registered trademark,which of the following factors would the court be least likely to consider:

Accepted Answer

A)  The sophistication of consumers.
B)  The similarity of the products or services in issue.
C)  The market share of the plaintiff and defendant.
D)  The intent of the defendant to palm off its product as that of another.
E)  The similarity of the two marks.F) B) and E)
G) A) and B) C

Question 19

Identify where a trademark is registered,what one should do when requesting registration,and what the governmental office involved would then do.Identify circumstances under which a trademark will not be accepted for registration.

Accepted Answer

Trademarks are registered with the U.S.P...

Question 20

Which of the following provides that a portion of a copyrighted work may be reproduced for purposes of criticism,comment,news reporting,teaching,scholarship,and research?

Accepted Answer

A)  The Limited Use Doctrine
B)  The Trade Use Doctrine
C)  The Copyright Use Doctrine
D)  The Approved Use Doctrine
E)  The Fair Use DoctrineF) A) and B)
G) A) and C)

Exam 12: Intellectual Property

In order to be patentable,an invention must not be one that a person of ordinary skill in the trade could have easily discovered.

Correct Answer
verified

If Saya decides to ask the USPTO to reexamine Ramona's patent,what is she asking the USPTO to do?

Correct Answer
verified

A tying arrangement occurs when the holder issues a license to use a patented object only if the licensee agrees to buy some non-patented product from the holder.

Correct Answer
verified

Which of the following statements,if true,would best support dismissal of the lawsuit against Saya?

Correct Answer
verified

As recognized in the case in the text,Toys "R" Us,Inc. ,v.Canarsie Kiddie Shop,Inc. ,to obtain trademark protection,a descriptive term must have attained ________.

Correct Answer
verified
B

Which of the following is false regarding trade secret protection?

Correct Answer
verified

The question of whether Marcus intends to expand into the area of dog grooming product sales is relevant to which concept in a consideration of trademark infringement?

Correct Answer
verified

If a trademark is unregistered,which of the following may the holder recover when an infringer uses the mark to pass off goods as being those of the mark owner?

Correct Answer
verified

Correct Answer
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Copyrights protect ideas themselves.

Correct Answer
verified

If Natalia includes a claim that Heavenly Balloon's mark infringed on her trademark,how would a court most likely rule?

Correct Answer
verified

Do both state and federal law protect against trademark dilution?

Correct Answer
verified

If Ramona is successful in her patent infringement action,what type of result could she be entitled to receive?

Correct Answer
verified

If Tomas decides to register the photographs for copyright protection,how would he go about doing so?

Correct Answer
verified

A[n] ________ is a distinctive mark,word,design,picture,or arrangement that is used by a producer in conjunction with a product and tends to cause consumers to identify the product with the producer.

Correct Answer
verified

Regarding trade secret protection,which statement is accurate?

Correct Answer
verified

Which of the following is a mark identifying the producers as belonging to a larger group,such as a trade union?

Correct Answer
verified
C

In determining whether a mark infringes on a registered trademark,which of the following factors would the court be least likely to consider:

Correct Answer
verified
C

Identify where a trademark is registered,what one should do when requesting registration,and what the governmental office involved would then do.Identify circumstances under which a trademark will not be accepted for registration.

Correct Answer
verified
Trademarks are registered with the U.S.P...
View Answer

Which of the following provides that a portion of a copyrighted work may be reproduced for purposes of criticism,comment,news reporting,teaching,scholarship,and research?

Correct Answer
verified

Exam 12: Intellectual Property

In order to be patentable,an invention must not be one that a person of ordinary skill in the trade could have easily discovered.

Correct AnswerverifiedShow Answer

If Saya decides to ask the USPTO to reexamine Ramona's patent,what is she asking the USPTO to do?

Correct AnswerverifiedShow Answer

A tying arrangement occurs when the holder issues a license to use a patented object only if the licensee agrees to buy some non-patented product from the holder.

Correct AnswerverifiedShow Answer

Which of the following statements,if true,would best support dismissal of the lawsuit against Saya?

Correct AnswerverifiedShow Answer

As recognized in the case in the text,Toys "R" Us,Inc. ,v.Canarsie Kiddie Shop,Inc. ,to obtain trademark protection,a descriptive term must have attained ________.

Correct AnswerverifiedB

Which of the following is false regarding trade secret protection?

Correct AnswerverifiedShow Answer

The question of whether Marcus intends to expand into the area of dog grooming product sales is relevant to which concept in a consideration of trademark infringement?

Correct AnswerverifiedShow Answer

If a trademark is unregistered,which of the following may the holder recover when an infringer uses the mark to pass off goods as being those of the mark owner?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Copyrights protect ideas themselves.

Correct AnswerverifiedShow Answer

If Natalia includes a claim that Heavenly Balloon's mark infringed on her trademark,how would a court most likely rule?

Correct AnswerverifiedShow Answer

Do both state and federal law protect against trademark dilution?

Correct AnswerverifiedShow Answer

If Ramona is successful in her patent infringement action,what type of result could she be entitled to receive?

Correct AnswerverifiedShow Answer

If Tomas decides to register the photographs for copyright protection,how would he go about doing so?

Correct AnswerverifiedShow Answer

A[n] ________ is a distinctive mark,word,design,picture,or arrangement that is used by a producer in conjunction with a product and tends to cause consumers to identify the product with the producer.

Correct AnswerverifiedShow Answer

Regarding trade secret protection,which statement is accurate?

Correct AnswerverifiedShow Answer

Which of the following is a mark identifying the producers as belonging to a larger group,such as a trade union?

Correct AnswerverifiedC

In determining whether a mark infringes on a registered trademark,which of the following factors would the court be least likely to consider:

Correct AnswerverifiedC

Identify where a trademark is registered,what one should do when requesting registration,and what the governmental office involved would then do.Identify circumstances under which a trademark will not be accepted for registration.

Correct AnswerverifiedTrademarks are registered with the U.S.P...View AnswerShow Answer

Which of the following provides that a portion of a copyrighted work may be reproduced for purposes of criticism,comment,news reporting,teaching,scholarship,and research?

Correct AnswerverifiedShow Answer

Correct Answer
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B

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C

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C

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Trademarks are registered with the U.S.P...
View Answer

Correct Answer
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