Law Chapter 9

Protection for intellectual property dates back to: a. the Constitution b. soon after the Civil War c. the early 1900s d. the 1950s e. the 1960s

a. the Constitution

The registration process of trademarks is provided by: a. the Lanham Act b. the Carver Act c. the Trademark Act d. the Intellectual Property Act e. the Second Amendment

a. the Lanham Act

Intellectual property protection around the world is encouraged by: a. the World Intellectual Property Organization b. the World Intellectual Property Group c. the International Society for Intellectual Property Protection d. the United Nations e. the European Union

a. the World Intellectual Property Organization

"Apple" (computers) is a real word applied to a non-related product. It is what kind of mark? a. suggestive b. arbitrary and fanciful c. generic d. descriptive e. none of the other choices

b. arbitrary and fanciful

A trade name is protected by: a. the Lanham Act b. the common law c. the law of copyright d. the patent statute e. none of the other choices

b. the common law

If an invention was patented or described in a printed publication in this or a foreign country or in public use of no sale in the country more than one year prior to the application for patent in the United States then: a. the invention can only be patented for 10 years b. the invention cannot be patented c. the invention cannot be patented without a 5 year grace period d. the invention can only be patented in some states e. none of the other choices are correct

b. the invention cannot be patented

The motto "Union Made in the USA" is a: a. trademark b. service mark c. trade dress d. certification mark e. trade name

d. certification mark

A trademark or service mark that is used in commerce by members of a cooperative, an association, or other collective group or organization is a(n): a. trade dress b. trade service c. trade symbol d. collective mark e. union mark

d. collective mark

_________ trademarks are not favored by the law and must be shown to have acquired customer recognition to be given legal protection. a. suggestive b. arbitrary and fanciful c. generic d. descriptive e. none of the other choices

d. descriptive

A trademark would not include a: a. phrase b. name c. design d. word e. all of the other choices could be trademarks

e. all of the other choices could be trademarks

The orange exterior of Home Depot stores is an example of: a. a patent b. a trade dress c. a service mark d. a certification mark e. none of the other choices are correct

b. a trade dress

"Apple" (computers) and "Exxon" (gasoline) are examples of what kind of trademark? a. suggestive b. arbitrary and fanciful c. generic d. descriptive e. all of the other choices

b. arbitrary and fanciful

The formula for Coca-Cola is: a. patented b. copyrighted c. a trade secret d. trade dress e. none of these

c. a trade secret

In Audi AG v. D'Amato, where Audi sued D'Amato for trademark violations for selling Audi logo goods on his website audisport.com, D'Amato claimed that there could not be any consumer confusion because he had a disclaimer on his website. The appeals court held that: a disclaimer does not absolve D'Amato of liability for his unlawful use of marks identical to Audi's trademarks b. a disclaimer absolves D'Amato of liability for his unlawful use of marks identical to Audi's trademarks c. the disclaimer would have absolved D'Amato of liability if it had been in more languages d. the disclaimer would have absolved D'Amato of liability if it had been longer e. the disclaimer was not legitimate because it was written by D'Amato and not by an attorney

a disclaimer does not absolve D'Amato of liability for his unlawful use of marks identical to Audi's trademarks

The _________ is responsible for issuing patents. a. Commissioner of Patents and Trademarks b. Protector of Property c. Commissioner of Intellectual Property d. Secretary of State e. Supreme Court

a. Commissioner of Patents and Trademarks

In Latin American Music v. Media Power Group, where radio station owner Media was sued by Latin for copyright infringement for playing music without a license, the appeals court held that: a. Media's infringements were "innocent" so it did not have to pay any damages b. Media's infringements were "innocent" so it had to pay only $200 per download c. Media's infringements were "knowing" so it would pay $750 per download d. Media did not infringe because copyright law does not apply to music e. none of the other choices are correct

a. Media's infringements were "innocent" so it did not have to pay any damages

In Bowman v. Monsanto, where Bowman used Monsanto's patented Roundup Ready seeds and, in violation of the contract provided by Monsanto, kept seeds from his crop to use next year so that the seeds had the genetic composition of the Monsanto seeds. The Supreme Court held that: a. Monsanto could prevent Bowman from making new patented seeds b. Monsanto's patented product could not be sold with restrictions on use c. Monsanto's patent had expired by the time of the litigation, so the case was moot d. Monsanto's patent had been incorrectly granted as it applied to genetic material e. none of the other choices are correct

a. Monsanto could prevent Bowman from making new patented seeds

In U.S. v. Yang, Yang was accused of bribing a company employee to buy confidential information. The appeals court held that: a. Yang could be prosecuted and fined by the federal government b. Yang could be prosecuted and fined by state law enforcement officials c. Yang could be prosecuted for civil trade secret violation by the owner of the secrets d. there was no violation of any law because the information purchased was not secret e. none of the other choices

a. Yang could be prosecuted and fined by the federal government

Trade dress refers to: a. a commercial symbol that concerns the "look and feel" of a product b. a commercial symbol that concerns the production of a product c. a private symbol that concerns the heritage of a family d. a private symbol that concerns the "look and feel" of a company's reputation e. a company's dress code

a. a commercial symbol that concerns the "look and feel" of a product

In Bohnsack v. Varco, inventor Bohnsack discussed selling an invention to Varco for it produce but no agreement was reached. Bohnsack later claimed Varco stole the idea and filed for a patent on the idea. He sued Varco for theft of trade secret. The appeals court held that: a. a jury could find that Varco knowingly misappropriated a trade secret so owed damages based on the value of the secret b. a reasonable jury could not find that Varco knew that the ideas Bahnsack provided were considered trade secrets c. even if Varco stole trade secrets, Bahnsack did not show there was any market value in his ideas, so there would be no damages d. even if Varco stole trade secrets, the information Bahnsack provided had not been adequately protected so were in the public domain e. none of the other choices are correct

a. a jury could find that Varco knowingly misappropriated a trade secret so owed damages based on the

Goodwill is: a. a major intangible asset b. not important to companies c. a major tangible asset d. a minor intangible asset e. something easily quantified

a. a major intangible asset

Information that is not known by the competition and would cause a business to lose its advantage if the competition obtained it and is protected from disclosure by the owner is: a. a trade secret b. a copyright c. an easement d. a bargaining chip e. a patent

a. a trade secret

A service mark is: a. a trademark for a service b. a catchphrase c. an illegal trademark d. a symbol that can be traded between companies e. none of the other choices are correct

a. a trademark for a service

To be copyrightable, a work must: a. be original b. be at least 5 years old c. be recognizable to the general public d. be internationally known e. none of the other choices are correct

a. be original

Rights of literary property as recognized by law are: a. copyrights b. patents c. estates d. literary rights e. media rights

a. copyrights

What allows exclusive control over original written works, musical compositions, art and photography; including control over reproduction, display and derived works: a. copyrights b. patents c. trademarks d. trade names e. servitudes

a. copyrights

Copyrights differ from patents in that: a. copyrights are not issued by the government b. copyrights have no legal significance c. copyrights are not something that can be challenged in court d. patents are not issued by the government e. none of the other choices are correct

a. copyrights are not issued by the government

If a company attempts to steal the good name of another by using a well-respected name to sell their product they could be sued for: a. infringement b. battery c. assault d. easement violation e. patent violation

a. infringement

To earn protection under the Lanham Act a product must be: a. inherently distinctive b. functional c. sold in at least 5 states d. recognized by most people e. none of the other choices are correct

a. inherently distinctive

Trademarks, trade names, patents, and copyrights represent a category of property called: a. intangible property b. tangible property c. real property d. statutory property e. personal property

a. intangible property

________ is property that may be invisible and impossible to hold. a. intangible property b. good property c. real property d. temporary property e. actual property

a. intangible property

Intangible property is property that: a. is invisible and impossible to hold b. is tangible and concrete c. is not taxable d. is not for sale e. cannot be sold for profit

a. is invisible and impossible to hold

Which of the following is true of a trade secret: a. it is not known by the competition b. it is copyrighted c. the owner has not taken reasonable steps to protect the secret from disclosure d. all of the other specific choices are correct e. none of the other specific choices are correct

a. it is not known by the competition

Counterfeit goods: a. may be seized and destroyed b. may be sold so long as identified as "not original" c. may be sold so long as identified as "not approved" d. may be sold so long as identified as "not genuine" e. none of the other choices

a. may be seized and destroyed

Something that is in the public domain: a. may be used, performed, or reproduced by anyone b. may not be used, performed, or reproduced without special permission from the Supreme Court c. may not be used, performed, or reproduced without special permission from a judge d. may only be used, performed, or reproduced with permission of the original creator e. none of the other choices are correct

a. may be used, performed, or reproduced by anyone

The right of the author to have proper attribution of authorship and to prevent unauthorized changes in or destruction of an artist's work is a(n): a. moral right b. real right c. literary right d. compensation right e. easement right

a. moral right

Among the forms of intellectual property, copyrights are: a. one of the easiest forms of protection to obtain b. a weak form of protection c. considered to have the least commercial value d. all of the other specific choices e. none of the other choices

a. one of the easiest forms of protection to obtain

The Federal Circuit Court of Appeals has primary responsibility for reviewing which kinds of cases: a. patent b. contract c. copyright d. trade secret e. all of the other choices

a. patent

To register a copyright, you must: a. pay a $35 fee b. prove origin of creation of the work c. receive certification from the Registrar of Copyrights d. provide 12 copies of the work for the Copyright Office e. you must do all of the other choices

a. pay a $35 fee

n Audi AG v. D'Amato, where Audi sued D'Amato for trademark violations for selling Audi logo goods on his website audisport.com, the appeals court held that it would consider certain factors about possible infringement; the factors do not include: a. revenue captured by defendant b. similarity of the marks c. strength of plaintiff's mark d. evidence of actual confusion by consumers e. all of these are factors considered by the court

a. revenue captured by defendant

__________ trademarks hint at the product. a. suggestive b. arbitrary and fanciful c. generic d. copyrighted e. none of the other choices

a. suggestive

Cybersquatting is restricted by: a. the Anticybersquatting Consumer Protection Act b. the Antiwebsquatting Consumer Protection Act c. the Sherman Act d. the National Cybersquatting Act e. the Bill of Rights

a. the Anticybersquatting Consumer Protection Act

The condition that patents must be for original inventions traces back to: a. the British experience with abusive patents granted by King James I to raise money b. the German experience with abusive patents granted by Adolf Hitler c. the American experience with abusive patents granted as favors for senators d. the New Zealand experience with an excessive number of patents being issued every year e. none of the other choices are correct

a. the British experience with abusive patents granted by King James I to raise money

Which of the following is true of a trade secret: a. the business would lose its advantage if the competition were to obtain it b. it is copyrighted c. the owner has not taken reasonable steps to protect the secret from disclosure d. all of the other specific choices are correct e. none of the other specific choices are correct

a. the business would lose its advantage if the competition were to obtain it

A patent is good for 20 years from: a. the date granted b. the date the invention reaches the market c. the date the inventor began work on the invention d. the date the inventor began the patent filing process e. none of the other choices are correct

a. the date granted

Under the common law trade name protection belongs to: a. the first to use the name in a given area of business b. the company that makes the highest bid c. the company that has the most market share d. the first to use the name for more than 5 years in a given area of business e. none of the other choices are correct

a. the first to use the name in a given area of business

In U.S. v. Yang, Yang was accused of bribing a company employee to buy confidential information. The appeals court held that: a. the government was not required to prove that what the defendant sought to steal was in fact a trade secret b. more than intent to steal trade secrets was necessary to convict Yang c. the government was required to prove that what the defendant stole was in fact a trade secret d. the Economic Espionage Act does not apply to international companies e. none of the other choices are correct

a. the government was not required to prove that what the defendant sought to steal was in fact a trade secret

Marks become generic when: a. the holders of marks give up protecting them b. the Supreme Court issue an order c. 5 years have passed since the mark was registered d. the holders of the mark make over $1 million in profit e. none of the other choices are correct

a. the holders of marks give up protecting them

In U.S. v. Yang, Yang was accused of bribing a company employee to buy confidential information. The appeals court held that: a. the intent to steal trade secrets was all that was necessary to convict Yang b. more than intent to steal trade secrets was necessary to convict Yang c. Yang did not understand U.S. laws and so could not be convicted d. the Economic Espionage Act does not apply to international companies e. none of the other choices are correct

a. the intent to steal trade secrets was all that was necessary to convict Yang

Logos, words, designs and phrases are all examples of things that could be: a. trademarks b. real property c. physical property d. tangible property e. none of the other choices are correct

a. trademarks

"Inherently distinctive" trade dress is protected under the: a. Property Act b. Lanham Act c. Shelton Act d. Copyright Act e. Trade Dress Act

b. Lanham Act

In Bowman v. Monsanto, where Bowman used Monsanto's patented Roundup Ready seeds and, in violation of the contract provided by Monsanto, kept seeds from his crop to use next year so that the seeds had the genetic composition of the Monsanto seeds. The Supreme Court held that: a. Monsanto's patent only extended to seeds it sold so there was no infringement b. Monsanto's patented product could be sold with restrictions, which Bowman violated c. Monsanto's patent had expired by the time of the litigation, so the case was moot d. none of the other choices are correct

b. Monsanto's patented product could be sold with restrictions, which Bowman violated

Trademarks classified as _________ are most favored because they are inherently distinctive: a. descriptive b. arbitrary and fanciful c. suggestive d. generic e. none of the other choices

b. arbitrary and fanciful

Trademarks that are inherently distinctive are classified as: a. descriptive b. arbitrary and fanciful c. suggestive d. generic e. none of the other choices

b. arbitrary and fanciful

Which is not a form of intellectual property? a. trademarks b. buildings c. copyrights d. trade secrets e. patents

b. buildings

As long as the owner continues to use and protect the trademark, the trademark's exclusive use: a. can last up to 5 years b. can be perpetual c. can be used by others in non-profit endeavors d. can last up to, but not more than, 25 years e. none of the other choices are correct

b. can be perpetual

Unlike in the United States, in Europe patents for surgery methods: a. expire in 10 years b. cannot be obtained c. can be obtained only after a 5 year waiting period d. cost more than other types of patents e. are very common

b. cannot be obtained

_________ occurs when another person who, at any time after the owner's mark has become famous, commences use of a mark or trade name in commerce that is likely to cause dilution by blurring or dilution by tarnishment of the famous mark, regardless of the presence or absence of actual or likely confusion, of competition, or of actual economic injury. a. infringement b. dilution c. battery d. counterfeiting e. patent violation

b. dilution

Lack of notice that a mark is a trademark: a. means that others can freely use the mark b. does not mean the owner of the mark is not due legal protection for the mark c. means that the owner of the mark is not due legal protection for the mark d. means that after 5 years others may use the mark without legal consequences e. none of the other choices are correct

b. does not mean the owner of the mark is not due legal protection for the mark

Which of the following factors is not relevant in considering whether a use of copyrighted material is fair use not requiring payment? a. the purpose of the copying b. if the copyright is owned by a non-profit organization c. the extent of the copying d. the effect of the copying on the market for the work e. none of the other choices; all are relevant

b. if the copyright is owned by a non-profit organization

Adidas is a famous trademark. If another company sold shoes called addidas that would be: a. cybersquatting b. infringement c. conversion d. defamation e. none of the other choices; there is no legal problem

b. infringement

Intellectual property owners can sue for ________ if their intellectual property is used without authorization. a. battery b. infringement c. slander d. hearsay e. emotional distress

b. infringement

Intellectual property is created by: a. physical labor b. intellectual effort c. standard industry processes d. strictly unwritten methods e. when groups of more than three individuals agree on an idea

b. intellectual effort

Patents are particularly advantageous because: a. the owner has exclusive rights to its use for the length of his life b. it provides strong legal protection for its life c. the owner may not be sued for 15 years d. it is automatically registered worldwide e. none of the other choices

b. it provides strong legal protection for its life

Cybersquatters who claim domain names that include trademarks that belong to others: a. may not register the domain name b. may be able to sell the domain name c. are the legitimate owners since domain names and trademarks are not related d. must receive permission from the Trademark Office to do so e. none of the other choices

b. may be able to sell the domain name

A grant from the government conveying to and securing for an inventor the exclusive right to make, use, and sell an invention is a: a. copyright b. patent c. trademark d. trade secret e. none of the other choices

b. patent

The International Silk Association uses the motto "Only silk is silk." That is a: a. trademark b. service mark c. trade dress d. certification mark e. trade name

b. service mark

If you register trademark under the Lanham Act, the registration is good for: a. five years b. ten years c. seventeen years d. twenty years e. fifty years plus the life of the creator

b. ten years

Suppose a company steals a commercial trade secret from another company: a. there may be criminal prosecution under the Federal Trade Secrets Act b. there may be criminal prosecution under the Economic Espionage Act c. there may be criminal prosecution under the Trade Secret Protection Act d. there may be criminal prosecution under the American Economic Data Act e. none of the other choices

b. there may be criminal prosecution under the Economic Espionage Act

The law of copyright gives a copyright owner all of the following rights except the right: a. to reproduce the work b. to claim public domain works c. to perform the work in public d. to display the work e. to publish the work

b. to claim public domain works

Under the Copyright Act, a copyright owner does not have which of the following rights? a. to perform the work in public b. to receive royalties collected by the Copyright Office c. to publish the work d. to prepare other works based off the original work e. all of the others choices are rights

b. to receive royalties collected by the Copyright Office

The Lanham Act does not protect: a. trademarks b. trade names c. copyrights d. all of the other specific choices are correct e. none of the other specific choices are correct

b. trade names

A patent is good for: a. 14 years from date granted b. 17 years from date granted c. 20 years from time of application d. lifetime of the inventor plus 21 years e. 100 years

c. 20 years from time of application

Approximately what percentage of patent applications are approved: a. 10% b. 30% c. 50% d. 80% e. 99%

c. 50%

The Copyright Office registers more than _________ copyrights annually. a. 1 million b. 2 million c. 600,000 d. 900.000 e. there are no statistics kept on how many copyrights are registered

c. 600,000

Most copyrighted materials now have protection for the life of the author plus: a. 20 years, the same as the European Union b. 50 years, the same as the European Union c. 70 years, the same as the European Union d. 50 years, the same as the UN Convention e. 75 years, the same as the UN Convention

c. 70 years, the same as the European Union

If an employee of a company writes something for hire the term of copyright protection for the work is: a. 25 years b. 50 years c. 95 years d. the life of the author plus 20 years e. the life of the author plus 75 years

c. 95 years

Which of the following is an example of a successful descriptive trademark? a. Nike b. Coca-Cola c. Bufferin d. Chicken of the Sea e. Lysol

c. Bufferin

Which of the following is an example of a successful descriptive trademark? a. Nike b. Coca-Cola c. Holiday Inn d. Chicken of the Sea e. Lysol

c. Holiday Inn

Private parties can obtain search-and-seizure orders to grab counterfeit goods under the: a. Sherman Act b. Counterfeit Goods Act c. Lanham Act d. Copyright Infringement Act e. Fifth Amendment

c. Lanham Act

In Bohnsack v. Varco, inventor Bohnsack discussed selling an invention to Varco for it produce but no agreement was reached. Bohnsack later claimed Varco stole the idea and filed for a patent on the idea. He sued. The courts held that: a. Varco's patent was invalid due to possible theft of information b. Bohnsack's invention was public information so was not a secret and could not be patented c. Varco owed Bohnsack damages for misappropriation of a trade secret d. Bohnsack would collect treble damages under Wisconsin's Uniform Trade Secrets Act e. none of the other choices

c. Varco owed Bohnsack damages for misappropriation of a trade secret

To download Nintendo games on the Internet, where others could then copy them freely, is a violation of which intellectual property rights: a. patents b. trademarks c. copyrights d. trade secrets e. none of the other choices; the Internet is public domain

c. copyrights

Which of the following is an example of intangible property: a. computers b. furniture c. copyrights d. land e. all of the other specific choices are correct

c. copyrights

__________ occurs when a trademark is used improperly in a domain name. a. cyberinfringement b. websquatting c. cybersquatting d. patent-squatting e. none of the other choices are correct

c. cybersquatting

Nike does not sell televisions, but suppose some company began to market televisions called Nike. That would be: a. cybersquatting b. slander of title c. dilution d. trespass e. none of the other choices; there is no legal problem

c. dilution

Which of the following is a legal protection associated with registering a trademark: a. state payment of court fees associated with suing for infringement b. legal assistance by Trademark Office in case of challenge to mark c. federal court jurisdiction, if desired d. all of the other specific choices are correct e. none of the other specific choices are correct

c. federal court jurisdiction, if desired

Which of the following is a legal protection associated with registering a trademark: a. state payment of court fees associated with suing for infringement b. legal assistance by Trademark Office in case of challenge to mark c. forming the basis for obtaining registration in other nations d. all of the other specific choices are correct e. none of the other specific choices are correct

c. forming the basis for obtaining registration in other nations

An invention need not show which of the following to get a patent? a. genuine b. useful c. genius d. not obvious e. all of the other choices are necessary

c. genius

The benefit or advantage of having an established business and secured customers is: a. trade dress b. trade secret c. goodwill d. brand name e. none of the other choices

c. goodwill

In Wal-Mart v. Samara Brothers, where Wal-Mart was accused of copying the design of children's clothing, the Supreme Court held that for trade dress protection to exist, the good or service must: a. be registered with the Trademark office b. be "original" c. have secondary meaning d. all of the other specific choices e. none of the other choices

c. have secondary meaning

Which of the following statements is not true about counterfeiting of trademarks: a. it costs major companies substantial lost profits b. many counterfeited goods are low quality c. if the buyer of the counterfeit goods know they are counterfeit, there is no law violation d. counterfeiting can hurt the reputation of the trademark owner e. all of the other choices are true

c. if the buyer of the counterfeit goods know they are counterfeit, there is no law violation

In Audi AG v. D'Amato, where Audi sued D'Amato for trademark violations for selling Audi logo goods on his website audisport.com, the appeals court held that D'Amato: a. did not engaged in cybersquatting due to active use of the name b. sold stolen Audi goods c. infringed on Audi's trademark d. had a right to the domain name e. all of the other choices

c. infringed on Audi's trademark

The law provides protection to intellectual property owners through which legal action? a. malicious prosecution b. assault c. infringement d. slander e. infliction of emotional distress

c. infringement

One advantage of a patent is that: a. the owner has exclusive rights to its use for the length of his life b. it never expires c. it provides strong legal protection for its life d. the owner may not be sued for 15 years e. it is automatically registered worldwide

c. it provides strong legal protection for its life

Which of the following is a legal protection associated with registering a trademark: a. state payment of court fees associated with suing for infringement b. legal assistance by Trademark Office in case of challenge to mark c. nationwide notice of the trademark owner's claim d. all of the other specific choices are correct e. none of the other specific choices are correct

c. nationwide notice of the trademark owner's claim

Many historians believe that the U.S. system of inexpensive, reliable patents: a. were detrimental to the U.S.'s efforts to become a major industrial power b. had no role in turning the country into a major industrial power c. played a major role in turning the country into a major industrial power d. were influential in bring about the two party political system e. none of the other choices are correct

c. played a major role in turning the country into a major industrial power

The registration of a trademark does not include which legal protection? a. better coverage in other nations b. federal court jurisdiction c. preventing imported fake goods d. nationwide notice e. all of these are part of legal protection provided

c. preventing imported fake goods

Traditionally, the right to trademark protection was determined by: a. federal statute b. administrative regulation c. priority of use d. national registration e. by the U.S. Trademark Office

c. priority of use

Something that may be used, performed, or reproduced by anyone is said to be in the: a. real domain b. free domain c. public domain d. open market e. real market

c. public domain

To register a copyright, you need not: a. pay a $35 fee b. fill out a registration form from the Copyright Office c. receive certification from the Registrar of Copyrights d. send two copies of the work to the Registrar of Copyrights e. you must do all of the other choices

c. receive certification from the Registrar of Copyrights

When registering a trademark the applicant must submit a copy of the mark, which is referred to as a(n): a. trademark b. sample c. specimen d. description e. example

c. specimen

Registering a trademark does not mean: a. submitting a copy of the mark b. paying a fee c. the Trademark Office will defend your use of the mark d. the registration is good for ten years e. all of the other choices are part of a trademark

c. the Trademark Office will defend your use of the mark

In New York Times Co. v. Tasini, involving the electronic database reproduction of previously published newspaper articles, the Supreme Court held that: a. the publisher newspaper had the reproduction rights as derivative works b. the publisher newspaper had the reproduction rights since they were "works for hire" c. the article authors had the reproduction rights d. electronic reproduction is not subject to the Copyright Act e. none of the other choices

c. the article authors had the reproduction rights

Which of the following is part of a notice of copyright: a. the official name of the work b. proof of originality c. the circle-C (©) d. all of the other specific choices are correct e. none of the other specific choices are correct

c. the circle-C (©)

If people are told that counterfeit goods are counterfeit then: a. the counterfeit goods are legal b. the counterfeit goods may be sold as long as they are sold for less than the real thing c. the counterfeit goods are still a violation of the law d. the counterfeit goods may be sold in other countries e. none of the other choices are correct

c. the counterfeit goods are still a violation of the law

Which of the following is part of a notice of copyright: a. the official name of the work b. proof of originality c. the name of the copyright owner d. all of the other specific choices are correct e. none of the other specific choices are correct

c. the name of the copyright owner

The ________ is responsible for registering copyrights. a. Patent Office b. Commissioner of Patents and Trademarks c. Commissioner of Patents and Copyrights d. Copyright Office e. Intellectual Property Office

d. Copyright Office

Which of the following is true of a trade secret: a. it is known by the competition b. it is copyrighted c. the owner has taken reasonable steps to protect the secret from disclosure d. all of the other specific choices are correct e. none of the other specific choices are correct

c. the owner has taken reasonable steps to protect the secret from disclosure

The Lanham Act provides for: a. the process for applying for patents b. the copyright of books c. the registration of trademarks d. the use by government of all patents e. the prosecution of patent infringers

c. the registration of trademarks

Which of the following is part of a notice of copyright: a. the official name of the work b. proof of originality c. the year of first publication d. all of the other specific choices are correct e. none of the other specific choices are correct

c. the year of first publication

Originality and novelty are key conditions for an invention: a. to be copyrighted b. to be sold c. to be patented d. to be traded in a free market e. to be trademarked

c. to be patented

In Two Pesos, Inc. v. Taco Cabana, Inc. the Supreme Court held that a Mexican-style restaurant could not copy the decor of a competitor because of the law protecting: a. copyrights b. patents c. trade dress d. trade names e. trade secrets

c. trade dress

A commercial symbol that a manufacturer prints on its goods so they can be readily identified in the marketplace is a(n): a. symbol b. marker c. trademark d. intangible marker e. patent

c. trademark

Arbitrary and fanciful, suggestive, descriptive, and generic are classifications of: a. patents b. torts c. trademarks d. copyrights e. none of the other choices are correct

c. trademarks

Infringement is: a. using legally obtained intellectual property for criminal activity b. wrongful use of intellectual property with the owner's permission c. wrongful, unauthorized use of intellectual property in violation of the owner's rights d. wrongful, authorized use of intellectual property in violation of the owner's rights e. none of the other choices are correct

c. wrongful, unauthorized use of intellectual property in violation of the owner's rights

Books and other written works make up about what percent of the copyrights issued each year: a. 20% b. 90% c. 100% d. 50% e. 10%

d. 50%

Musical compositions make up about what percent of the copyrights issued each year: a. 25% b. 90% c. 100% d. 50% e. 10%

d. 50%

Suppose a team of artists who work for Fox draw The Simpsons television program and Fox owns the copyright. The length of the copyright is: a. 21 years b. 50 years c. 70 years d. 95 years e. forever

d. 95 years

Which of the following is an example of a suggestive trademark? a. Nike b. Coca-Cola c. Exxon d. Chicken of the Sea e. Lysol

d. Chicken of the Sea

Which of the following is an example of a suggestive trademark? a. Nike b. Coca-Cola c. Bufferin d. Dairy Queen e. Lysol

d. Dairy Queen

Under the _________ "whoever, with intent to convert a trade secret that is related to or included in a product that is produced for or placed in interstate or foreign commerce to the economic benefit of anyone other than the owner thereof, and intending or knowing that the offense will injure any owner of that trade secret" is subject to prosecution. a. Trade Secret Protection Act b. Economic Protection Act c. International Patent Protection Act d. Economic Espionage Act e. none of the other choices are correct

d. Economic Espionage Act

In Latin American Music v. Media Power Group, where radio station owner Media was sued by Latin for copyright infringement for playing music without a license, the appeals court held that: a. Media's infringements were "innocent" so it did not have to pay any damages b. Media's infringements were "innocent" so it had to pay only $200 per download c. Media's infringements were "knowing" so it would pay $750 per download d. Media did not infringe because Latin could not provide proof of copyright ownership e. none of the other choices are correct

d. Media did not infringe because Latin could not provide proof of copyright ownership

An example of a generic trademark is: a. Clorox b. Dairy Queen c. Bufferin d. Thermos e. none of the other choices

d. Thermos

An example of a generic trademark is: a. Clorox b. Dairy Queen c. Bufferin d. Zipper e. none of the other choices

d. Zipper

A patent may not be issued for: a. a process b. a manufacture c. a composition of matter d. a theory e. it may be issued for any of the other choices

d. a theory

In Wal-Mart v. Samara Brothers, where Wal-Mart was accused of copying the design of children's clothing, the Supreme Court held that for trade dress protection to exist, the good or service must: a. be distinctive b. be identified as to origin c. have secondary meaning d. all of the other specific choices e. none of the other choices

d. all of the other specific choices

A trademark examiner reviews trademark requests to make sure: a. the mark does not conflict with existing marks b. the mark is not descriptive c. the mark does not claim too much coverage d. all of the other specific choices are correct e. none of the other specific choices are correct

d. all of the other specific choices are correct

Which of the following is a defense in a suit involving violation of a trademark: a. fair use, such as to mention a mark in comparative advertising b. noncommercial uses, such as parody or editorial commentary c. news reporting or educational use d. all of the other specific choices are correct e. none of the other specific choices are correct

d. all of the other specific choices are correct

Which of the following is a legal protection associated with registering a trademark: a. nationwide notice of the trademark owner's claim b. federal court jurisdiction, if desired c. forming the basis for obtaining registration in other nations d. all of the other specific choices are correct e. none of the other specific choices are correct

d. all of the other specific choices are correct

Which of the following is part of a notice of copyright: a. the circle-C (©) b. the year of first publication c. the name of the copyright owner d. all of the other specific choices are correct e. none of the other specific choices are correct

d. all of the other specific choices are correct

Which of the following is true of a trade secret: a. it is not known by the competition b. the business would lose its advantage if the competition were to obtain it c. the owner has taken reasonable steps to protect the secret from disclosure d. all of the other specific choices are correct e. none of the other specific choices are correct

d. all of the other specific choices are correct

Which of the following could be a trade secret? a. a mathematical formula b. a cake recipe c. list of clients d. all of the specific choices could be a trade secret e. none of the other choices could be a trade secret

d. all of the specific choices could be a trade secret

A _________ is any word, symbol, device, or any combination of these that is used, or intended to be used, in commerce to certify regional or other geographic origin. a. trade dress b. property mark c. real mark d. certification mark e. none of the other choices are correct

d. certification mark

The Copyright Act allows fair use of copyrighted material in which of the following: a. to produce a news report about the material b. to criticize the material c. for teaching or scholarship d. for all of the other specific choices e. for none of the other choices unless permission is received

d. for all of the other specific choices

The owners of trademarks often know there are counterfeit goods being sold with real-looking trademarks. To obtain relief the mark owners often: a. get permission from the Trademark Office to seize the counterfeits b. convince the Trademark Office to send its agents to seize the goods c. sue in federal court for damages and an injunction; the sales may not be stopped before the court considers the issue at trial d. get a warrant to seize the goods, which may be done by a private investigator with police help e. none of the other choices

d. get a warrant to seize the goods, which may be done by a private investigator with police help

The reputation of a firm that gives value to trademarks and other such forms of intellectual property combined with the trust of many customers is known as: a. trade secrets b. copyright c. good copy d. goodwill e. good relations

d. goodwill

Of the approximately 190,000 patents issued annually by the Commissioner of Patents and Trademarks: a. two-thirds are to Americans and one-third is to foreigners b. all are to Americans c. all are to foreigners d. half are to Americans and half are to foreigners e. two-fifths are to Americans and three-fifths are to foreigners

d. half are to Americans and half are to foreigners

The registration of a trademark does not include which legal protection? a. better coverage in other nations b. federal court jurisdiction c. helping prevent imported fakes d. legal assistance by Trademark Office in case of challenge to mark e. all of these are part of legal protection provided

d. legal assistance by Trademark Office in case of challenge to mark

In Bowman v. Monsanto, where Bowman used Monsanto's patented Roundup Ready seeds and, in violation of the contract provided by Monsanto, kept seeds from his crop to use next year so that the seeds had the genetic composition of the Monsanto seeds. The Supreme Court held that: a. Monsanto's patent failed for obviousness, so there was no fringement b. Monsanto's patent failed because it was prior art, so there was no infringement c. there was no infringement because the seeds were in the public domain d. none of the other choices

d. none of the other choices

Which of the following is not a category of trademarks: a. generic b. suggestive c. descriptive d. proprietary e. arbitrary and fanciful

d. proprietary

In Feist Publications v. Rural Telephone Service Co., involving the copying of white-page telephone listings, the Supreme Court held that: a. the copying violated the valid copyright of the telephone company b. the copying violated the valid copyright of the telephone company only if there was commercial gain by the copier c. copyright owners have moral rights in their copyrighted material that cannot be changed without permission d. public facts not presented in an original manner cannot be copyrighted, so no violation e. none of the other choices

d. public facts not presented in an original manner cannot be copyrighted, so no violation

Which of the following is a drawback to patents: a. the application process is easy b. the application process is cheap c. the application process is not time-consuming d. the application process is expensive e. all of the other specific choices are correct

d. the application process is expensive

Which of the following is a drawback to patents: a. the application process is easy b. the application process is cheap c. the application process is not time-consuming d. the application process is technical e. all of the other specific choices are correct

d. the application process is technical

Which of the following is a drawback to patents: a. the application process is easy b. the application process is cheap c. the application process is not time-consuming d. the application process is time-consuming e. all of the other specific choices are correct

d. the application process is time-consuming

Which of the following is a drawback to patents: a. the application process is easy b. the application process is cheap c. the application process is not time-consuming d. the approval process usually takes about two years e. all of the other specific choices are correct

d. the approval process usually takes about two years

If an invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for patent then: a. the invention can only be patented for 10 years b. the invention can only be patented for 5 years c. the invention cannot be patented without a 5 year grace period d. the invention cannot be patented e. none of the other choices are correct

d. the invention cannot be patented

What is not true about trade secrets: a. they must be registered b. they must be confidential information c. they must include information valuable to competitors d. they must provide an advantage to the owner e. all of the other choices are true

d. they must provide an advantage to the owner

A commercial symbol that concerns the "look and feel" of a product is known as: a. trademark b. trade name c. service mark d. trade dress e. appearance mark

d. trade dress

Which of the following is an example of intangible property: a. computers b. furniture c. land d. trade secrets e. all of the other specific choices are correct

d. trade secrets

The World Customs Organization estimates that counterfeit goods account for how much in sales per year globally: a. $6 billion b. $50 billion c.$100 billion d.$500 billion e. none of the other choices

d.$500 billion

The term of copyright protection is: a. 10 years b. 17 years c. the life of the author d. the life of the author plus 21 years e. 95 years for a work for hire

e. 95 years for a work for hire

The Copyright Act allows fair use of copyrighted material in which of the following: a. to produce a news report about the material b. to criticize the material c. to use the material in a research report d. a and c e. a, b and c

e. a, b and c

A trademark may be a: a. logo b. word c.design d. phrase e. all of the other choices

e. all of the other choices

In Audi AG v. D'Amato, where Audi sued D'Amato for trademark violations for selling Audi logo goods on his website audisport.com, the appeals court held that D'Amato: a. engaged in cybersquatting b. diluted the value of Audi's trademark c. infringed on Audi's trademark d. had a domain name in bad faith e. all of the other choices

e. all of the other choices

Trade secrets: a. are protected by having employees agree by contract not to divulge them b. must be confidential and not based on general knowledge gained in the course of employment c. include information not known by competitors, that if had by competitors would cause the business to lose its advantage d. are protected by tort law e. all of the other choices

e. all of the other choices

Trademarks are classified as: a. generic b. suggestive c. descriptive d. arbitrary and fanciful e. all of the other choices

e. all of the other choices

Under the Copyright Act, a copyright owner has which of the following rights? a. to perform the work in public b. to prepare derivative works c. to publish the work d. to reproduce the work e. all of the other choices

e. all of the other choices

Which of the following is not a category of trademarks: a. generic b. suggestive c. descriptive d. arbitrary and fanciful e. all of the other choices are categories of marks

e. all of the other choices are categories of marks

Which is not a form of intellectual property? a. trademarks b. copyrights c. trade secrets d. patents e. all of the other choices are forms of intellectual property

e. all of the other choices are forms of intellectual property

An invention must be which of the following to get a patent? a. genuine b. useful c. novel d. not obvious e. all of the other choices are necessary

e. all of the other choices are necessary

Counterfeit or fake goods do not create which of the following problems: a. lost revenue to owner of genuine goods b. lost jobs in the U.S. c. death and injury to unsuspecting consumers d. costly legal processes e. all of the other choices are part of the problem

e. all of the other choices are part of the problem

The law of copyright gives a copyright owner all of the following rights except the right: a. to reproduce the work b. to perform the work in public c. to display the work d. to publish the work e. all of the other choices are protected rights

e. all of the other choices are protected rights

In Audi AG v. D'Amato, where Audi sued D'Amato for trademark violations for selling Audi logo goods on his website audisport.com, the appeals court held that it would consider certain factors about possible infringement. Which of the following is a factor considered when determining whether there is a "likelihood of confusion": a. marketing of channels used b. degree of purchaser care c. defendant's intent in selecting the mark d. likelihood of expansion in selecting the mark e. all of the other specific choices are correct

e. all of the other specific choices are correct

In Audi AG v. D'Amato, where Audi sued D'Amato for trademark violations for selling Audi logo goods on his website audisport.com, the appeals court held that it would consider certain factors about possible infringement. Which of the following is a factor considered when determining whether there is a "likelihood of confusion": a. strength of plaintiff's mark b. relatedness of the goods c. similarity of the marks d. evidence of actual confusion e. all of the other specific choices are correct

e. all of the other specific choices are correct

The World Intellectual Property Organization: a. helps reduce the cost of getting broad patent protection b. protects intellectual property based on a recent treaty c. helps to standardize patent protection globally d. none of the other choices e. all of the other specific choices are correct

e. all of the other specific choices are correct

Which of the following is a drawback to patents: a. the application process is technical b. the application process is expensive c. the application process is time-consuming d. the approval process usually takes about two years e. all of the other specific choices are correct

e. all of the other specific choices are correct

Which of the following is an example of intangible property: a. computers b. furniture c. land d. patents e. all of the other specific choices are correct

e. all of the other specific choices are correct

Which of the following is an example of intangible property: a. trademarks b. copyrights c. patents d. trade secrets e. all of the other specific choices are correct

e. all of the other specific choices are correct

In Audi AG v. D'Amato, where Audi sued D'Amato for trademark violations for selling Audi logo goods on his website audisport.com, the appeals court held that it would consider certain factors about possible infringement; the factors do not include: a. defendant's intent in selecting the mark b. similarity of the marks c. strength of plaintiff's mark d. evidence of actual confusion by consumers e. all of these are factors considered by the court

e. all of these are factors considered by the court

Which is not a trademark class: a. descriptive b. arbitrary and fanciful c. suggestive d. generic e. distinctive

e. distinctive

A commercial symbol that concerns the "look and feel" of a product is known as: a. trademark b. trade name c. service mark d. appearance mark e. none of the other choices

e. none of the other choices

A grant from the government conveying to and securing for an inventor the exclusive right to make, use, and sell an invention is a: a. copyright b. goodwill c. trademark d. trade secret e. none of the other choices

e. none of the other choices

A patent is good for: a. 14 years from date granted b. 17 years from date granted c. 20 years from the date of issue d. lifetime of the inventor plus 21 years e. none of the other choices

e. none of the other choices

A trade name is protected by: a. the Lanham Act b. the Trademark Office c. the law of copyright d. the patent statute e. none of the other choices

e. none of the other choices

Adidas is a famous trademark. If another company sold shoes called addidas that would be a violation of the Lanham Act for: a. cybersquatting b. trespass c. conversion d. defamation e. none of the other choices

e. none of the other choices

An example of a generic trademark is: a. Clorox b. Dairy Queen c. Bufferin d. Raisin Bran e. none of the other choices

e. none of the other choices

Counterfeit goods: a. may be sold with Trademark Office permission b. may be sold so long as identified as "not original" c. may be sold so long as identified as "not approved" d. may be sold so long as identified as "not genuine" e. none of the other choices

e. none of the other choices

If a company registers its trademark under the Lanham Act, the registration is good for: a. one year b. five years c. twenty years d. until revoked by the Trademark Office e. none of the other choices

e. none of the other choices

In Bohnsack would collect treble damages under Wisconsin's Uniform Trade Secrets Act a. Varco's patent was invalid due to possible theft of information b. Bohnsack's invention was public information so was not a secret and could not be patented c. Varco owed Bohnsack damages for misappropriation of a trade secret d. Bohnsack would collect treble damages under Wisconsin's Uniform Trade Secrets e. none of the other choices

e. none of the other choices

A service mark is: a. the international term for trademark b. a catchphrase c. an illegal trademark d. a symbol that can be traded between companies e. none of the other choices are correct

e. none of the other choices are correct

In Bowman v. Monsanto, where Bowman used Monsanto's patented Roundup Ready seeds and, in violation of the contract provided by Monsanto, kept seeds from his crop to use next year so that the seeds had the genetic composition of the Monsanto seeds. The Supreme Court that Monsanto's patent: a. failed for obviousness, so there was no fringement b. failed because it was prior art, so there was no infringement c. was invalid because genetic material cannot be patented d. was infringed by Bowman, but there was no financial harm so the matter was moot e. none of the other choices

e. none of the other choices

In New York Times Co. v. Tasini, involving the electronic database reproduction of previously published newspaper articles, the Supreme Court held that: a. the publisher newspaper had the reproduction rights as derivative works b. the publisher newspaper had the reproduction rights since they were "works for hire" c. the publisher newspaper had the reproduction rights under the Copyright Term Extension Act of 1998 d. electronic reproduction is not subject to the Copyright Act e. none of the other choices

e. none of the other choices

In Two Pesos, Inc. v. Taco Cabana, Inc. the Supreme Court held that a Mexican-style restaurant could not copy the decor of a competitor because of the law protecting: a. copyrights b. patents c. trade names d. trade secrets e. none of the other choices

e. none of the other choices

Nike does not sell televisions, but suppose some company began to market televisions called Nike. That would be a violation of federal law concerning: a. cybersquatting b. slander of title c. conversion d. trespass e. none of the other choices

e. none of the other choices

One advantage of a patent is that: a. the owner has exclusive rights to its use for the length of his life b. it never expires c. the owner may not be sued for 15 years d. it is automatically registered worldwide e. none of the other choices

e. none of the other choices

Patents are particularly advantageous because: a. the owner has exclusive rights to its use for the length of his life b. it never expires c. the owner may not be sued for 15 years d. it is automatically registered worldwide e. none of the other choices

e. none of the other choices

Suppose a team of artists who work for Fox draw The Simpsons television program and Fox owns the copyright. The length of the copyright is: a. 21 years plus the life of the longest living artist b. 50 years plus the life of the longest living artist c. 70 years plus the life of the longest living artist d. forever e. none of the other choices

e. none of the other choices

The International Silk Association uses the motto "Only silk is silk." That is a: a. copyright b. trade dress c. certification mark d. trade name e. none of the other choices

e. none of the other choices

The Lanham Act provides for: a. the process for applying for patents b. the copyright of books c. the creation of trademarks by the government d. the use by government of all patents e. none of the other choices

e. none of the other choices

The law provides protection to intellectual property owners through which legal action? a. malicious prosecution b. assault c. slander d. infliction of emotional distress e. none of the other choices

e. none of the other choices

The motto "Union Made in the USA" is a: a. copyright b. service mark c. trade dress d. trade name e. none of the other choices

e. none of the other choices

The term of copyright protection is: a. 10 years b. 17 years c. the life of the author d. the life of the author plus 21 years e. none of the other choices

e. none of the other choices

Trademarks that are inherently distinctive are classified as: a. descriptive b. aberrant and fanciful c. suggestive d. generic e. none of the other choices

e. none of the other choices

Trademarks, trade names, patents, and copyrights represent a category of property called: a. tangible property b. real property c. statutory property d. personal property e. none of the other choices

e. none of the other choices

Traditionally, the right to trademark protection was determined primarily by: a. the Lanham Act b. administrative regulation c. by registration with a secretary of state d. by the U.S. Trademark Office e. none of the other choices

e. none of the other choices

What allows exclusive control over original written works, musical compositions, art and photography; including control over reproduction, display and derived works: a. patents b. trademarks c. trade names d. servitudes e. none of the other choices

e. none of the other choices

"Inherently distinctive" trade dress is protected under the: a. Property Act b. Trade Dress Act c. Shelton Act d. Copyright Act e. none of the other choices are correct

e. none of the other choices are correct

A ___________ is any word, symbol, device, or any combination of these that is used, or intended to be used, in commerce to certify regional or other geographic origin. a. trade dress b. property mark c. real mark d. trade name e. none of the other choices are correct

e. none of the other choices are correct

A commercial symbol that a manufacturer prints on its goods so they can be readily identified in the marketplace is a(n): a. hieroglyphic b. marker c. patent d. intangible marker e. none of the other choices are correct

e. none of the other choices are correct

A patent is good for 20 years from: a. the date a patent reviewer establishes b. the date the invention reaches the market c. the date the inventor began work on the invention d. the date the inventor began the patent filing process e. none of the other choices are correct

e. none of the other choices are correct

A trademark or service mark that is used in commerce by members of a cooperative, an association, or other collective group or organization is a(n): a. trade dress b. trade service c. trade symbol d. union mark e. none of the other choices are correct

e. none of the other choices are correct

Approximately what percentage of patent applications are approved: a. 10% b. 20% c. 85% d. 100% e. none of the other choices are correct

e. none of the other choices are correct

Arbitrary and fanciful, suggestive, descriptive, and generic are classifications of: a. patents b. torts c. real property law d. easements e. none of the other choices are correct

e. none of the other choices are correct

As long as the owner continues to use and protect the trademark, the trademark's exclusive use: a. can last up to 5 years b. can last for between 10 and 20 years, depending on the state c. can be used by others in non-profit endeavors d. can last up to, but not more than, 25 years e. none of the other choices are correct

e. none of the other choices are correct

Cybersquatting is restricted by: a. the Bill of Rights b. the Antiwebsquatting Consumer Protection Act c. the Sherman Act d. the Lanham Act e. none of the other choices are correct

e. none of the other choices are correct

Goodwill is: a. something easily quantified b. not important to companies c. a major tangible asset d. a minor intangible asset e. none of the other choices are correct

e. none of the other choices are correct

If a company attempts to steal the good name of another by using a well-respected name to sell their product they could be sued for: a. patent violation b. battery c. assault d. easement violation e. none of the other choices are correct

e. none of the other choices are correct

If an employee of a company writes something for hire the term of copyright protection for the work is: a. 75 years b. 85 years c. the life of the author plus 95 years d. the life of the author plus 70 years e. none of the other choices are correct

e. none of the other choices are correct

If an invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for patent then: a. the invention can only be patented for 10 years b. the invention can only be patented for 5 years c. the invention cannot be patented without a 5 year grace period d. the invention can only be patented in some states e. none of the other choices are correct

e. none of the other choices are correct

If an invention was patented or described in a printed publication in this or a foreign country or in public use of no sale in the country more than one year prior to the application for patent in the United States then: a. the invention can only be patented for 10 years b. the invention can only be patented for 5 years c. the invention cannot be patented without a 5 year grace period d. the invention can only be patented in some states e. none of the other choices are correct

e. none of the other choices are correct

If people are told that counterfeit goods are counterfeit then: a. the counterfeit goods are legal b. the counterfeit goods may be sold as long as they are sold for less than the real thing c. the counterfeit goods may be sold in local markets, but not national markets d. the counterfeit goods may be sold in other countries e. none of the other choices are correct

e. none of the other choices are correct

In Audi AG v. D'Amato, where Audi sued D'Amato for trademark violations for selling Audi logo goods on his website audisport.com, D'Amato claimed that there could not be any consumer confusion because he had a disclaimer on his website. The appeals court held that: a. the disclaimer was not legitimate because it was written by D'Amato and not by an attorney b. a disclaimer absolves D'Amato of liability for his unlawful use of marks identical to Audi's trademarks c. the disclaimer would have absolved D'Amato of liability if it had been in more languages d. the disclaimer would have absolved D'Amato of liability if it had been longer e. none of the other choices are correct

e. none of the other choices are correct

In Bowman v. Monsanto, where Bowman used Monsanto's patented Roundup Ready seeds and, in violation of the contract provided by Monsanto, kept seeds from his crop to use next year so that the seeds had the genetic composition of the Monsanto seeds. The Supreme Court held that: a. Monsanto's patent only extended to seeds it sold so there was no infringement b. Monsanto's patented product could not be sold with restrictions on used c. Monsanto's patent had expired by the time of the litigation, so the case was moot d. Monsanto's patent had been incorrectly granted as it applied to genetic material e. none of the other choices are correct

e. none of the other choices are correct

Information that is not known by the competition and would cause a business to lose its advantage if the competition obtained it and is protected from disclosure by the owner is: a. a patent b. a copyright c. an easement d. a bargaining chip e. none of the other choices are correct

e. none of the other choices are correct

Infringement is: a. using legally obtained intellectual property for criminal activity b. wrongful use of intellectual property with the owner's permission c. use of intellectual property after its copyright has run out d. wrongful, authorized use of intellectual property in violation of the owner's rights e. none of the other choices are correct

e. none of the other choices are correct

Intangible property is property that: a. cannot be sold for profit b. is tangible and concrete c. is not taxable d. is not for sale e. none of the other choices are correct

e. none of the other choices are correct

Intellectual property is created by: a. physical labor b. when groups of more than three individuals agree on an idea c. standard industry processes d. strictly unwritten methods e. none of the other choices are correct

e. none of the other choices are correct

Intellectual property owners can sue for ________ if their intellectual property is used without authorization. a. battery b. emotional distress c. slander d. hearsay e. none of the other choices are correct

e. none of the other choices are correct

Intellectual property protection around the world is encouraged by: a. the European Union b. the World Intellectual Property Group c. the International Society for Intellectual Property Protection d. the United Nations e. none of the other choices are correct

e. none of the other choices are correct

Of the approximately 190,000 patents issued annually by the Commissioner of Patents and Trademarks: a. two-thirds are to Americans and one-third is to foreigners b. all are to Americans c. all are to foreigners d. two-fifths are to Americans and three-fifths are to foreigners e. none of the other choices are correct

e. none of the other choices are correct

Originality and novelty are key conditions for an invention: a. to be copyrighted b. to be sold c. to be trademarked d. to be traded in a free market e. none of the other choices are correct

e. none of the other choices are correct

Private parties can obtain search-and-seizure orders to grab counterfeit goods under the: a. Sherman Act b. Counterfeit Goods Act c. Fifth Amendment d. Copyright Infringement Act e. none of the other choices are correct

e. none of the other choices are correct

Protection for intellectual property dates back to: a. just after WWI b. soon after the Civil War c. about 1900 d. the 1950s e. none of the other choices are correct

e. none of the other choices are correct

Rights of literary property as recognized by law are: a. media rights b. patents c. estates d. literary rights e. none of the other choices are correct

e. none of the other choices are correct

Something that is in the public domain: a. may be used, performed, or reproduced by anyone, but only after being in the public domain for at least 10 years b. may not be used, performed, or reproduced without special permission from the Supreme Court c. may not be used, performed, or reproduced without special permission from a judge d. may only be used, performed, or reproduced with permission of the original creator e. none of the other choices are correct

e. none of the other choices are correct

Something that may be used, performed, or reproduced by anyone is said to be in the: a. real domain b. free domain c. real market d. open market e. none of the other choices are correct

e. none of the other choices are correct

The Copyright Office registers more than ________ copyrights annually. a. 1 million b. 2 million c. 100,000 d. there are no statistics kept on how many copyrights are registered e. none of the other choices are correct

e. none of the other choices are correct

The ________ is responsible for registering copyrights. a. Patent Office b. Commissioner of Patents and Trademarks c. Commissioner of Patents and Copyrights d. Intellectual Property Office e. none of the other choices are correct

e. none of the other choices are correct

The _________ is responsible for issuing patents. a. Supreme Court b. Protector of Property c. Commissioner of Intellectual Property d. Secretary of State e. none of the other choices are correct

e. none of the other choices are correct

The orange exterior of Home Depot stores is an example of: a. a patent b. a real mark c. a service mark d. a certification mark e. none of the other choices are correct

e. none of the other choices are correct

The registration of trademarks is provided by: a. the Second Amendment b. the Carver Act c. the Trademark Act d. the Intellectual Property Act e. none of the other choices are correct

e. none of the other choices are correct

The right of the author to have proper attribution of authorship and to prevent unauthorized changes in or destruction of an artist's work is a(n): a. easement right b. real right c. literary right d. compensation right e. none of the other choices are correct

e. none of the other choices are correct

To be copyrightable, a work must: a. be handmade b. be at least 5 years old c. be recognizable to the general public d. be internationally known e. none of the other choices are correct

e. none of the other choices are correct

Trade dress refers to: a. a company's dress code b. a commercial symbol that concerns the production of a product c. a private symbol that concerns the heritage of a family d. a private symbol that concerns the "look and feel" of a company's reputation e. none of the other choices are correct

e. none of the other choices are correct

Under the "whoever, with in tent to convert a trade secret that is related to or included in a product that is interstate or foreign commerce to the economic benefit of anyone other than the owner thereof, and intending or knowing that the offense will injure any owner of that trade secret" is subject to prosecution. a. Trade Secret Protection Act b. Economic Protection Act c. International Patent Protection Act d. Federal Espionage Act e. none of the other choices are correct

e. none of the other choices are correct

Unlike in the United States, in Europe patents for surgery methods: a. expire in 10 years b. are very common c. can be obtained only after a 5 year waiting period d. cost more than other types of patents e. none of the other choices are correct

e. none of the other choices are correct

When registering a trademark the applicant must submit a copy of the mark, which is referred to as a(n): a. trademark b. sample c. example d. description e. none of the other choices are correct

e. none of the other choices are correct

_________ is property that may be invisible and impossible to hold. a. actual property b. good property c. real property d. temporary property e. none of the other choices are correct

e. none of the other choices are correct

_________ occurs when another person who, at any time after the owner's mark has become famous, commences use of a mark or trade name in commerce that is likely to cause dilution by blurring or dilution by tarnishment of the famous mark, regardless of the presence or absence of actual or likely confusion, of competition, or of actual economic injury. a. infringement b. patent violation c. battery d. counterfeiting e. none of the other choices are correct

e. none of the other choices are correct

____________ occurs when a trademark is used improperly in a domain name. a. cyberinfringement b. websquatting c. internet-squatting d. patent-squatting e. none of the other choices are correct

e. none of the other choices are correct

Which of the following factors is not relevant in considering whether a use of copyrighted material is fair use not requiring payment? a. the purpose of the copying b. the nature of the copyrighted work c. the extent of the copying d. the effect of the copying on the market for the work e. none of the other choices; all are relevant

e. none of the other choices; all are relevant

Which of the following can be patented in the United States, but not in Europe: a. a surgery method b. a therapy method c. a new variety of corn d. a new variety of sheep e. none of the other specific choices may be patented in Europe

e. none of the other specific choices may be patented in Europe

The formula for Coca-Cola is: a. patented b. copyrighted c. in the public domain d. trade dress e. none of these

e. none of these

The term of copyright protection is: a. 10 years b. 17 years c. the life of the author d. the life of the author plus 21 years e. the life of the author plus 70 years

e. the life of the author plus 70 years