Ch. 7 Quiz Business Law
A design patent is valid for _____ years. A. 20 B. 14 C. 5 D. 12 E. 7
14
A patent for a new fruit smoothie vending machine would be valid for _____ years. A. 17 B. 20 C. 12 D. 7 E. 5
20
Why was Subway denied a trademark for the word "Footlong"? A. Words that are unique cannot be trademarked. B. Brand names that have evolved from an ordinary terms cannot be trademarked. C. Word that are fabricated cannot be trademarked. D. Words that are descriptive but have no secondary meaning cannot be trademarked. E. Words that have secondary meaning but are not descriptive cannot be trademarked.
words that are descriptive but have no secondary meaning cannot be trademarked
Which of the following is NOT true about certification marks? A. A certification mark is a mark usually owned by a non-profit cooperative or association. B. The owner of the mark establishes certain geographical location requirements, quality standards, material standards, or mode of manufacturing standards. C. A party must be a member of the organization to use a certification mark. D. If a seller meets the requirements for the certification, the seller applies to the cooperative or association to use the mark on its products or in connection with the sale of services. E. The owner of the certification mark usually licenses sellers who meet the requirements to use the mark.
A party must be a member of the organization to use a certification mark
_____ of the U.S. Constitution authorizes Congress to enact statutes to protect the works of writers for limited times. A. Article II, Section 4 B. Article II, Section 5 C. Article III, Section 7 D. Article II, Section 3 E. Article I, Section 8
Article I section 8
Under this act, a court may order an ex parte seizure order to obtain stolen trade secret items. A. Uniform Trade Secrets Act B. Economic Espionage Act C. Leahy-Smith America Invents Act D. Lanham Act E. Defend Trade Secrets Act
Defend Trade Secrets Act
The Federal Trademark _____ Act protects famous marks from erosion, blurring, or tarnishing. A. Reversion B. Imitation C. Diminution D. Replication E. Dilution
Dilution
The federal Economic _____ Act makes it a federal crime to steal another's trade secrets. A. Interference B. Accrual C. Espionage D. Disruption E. Theft
Espionage
Which of the following CANNOT be registered to receive trademark protection? A. a business that fills out tax returns B. the United States flag C. the name of a nonprofit organization D. a new slogan for jewelry E. the name of a local organization
The U.S Flag
Many states have adopted the _____ to give statutory protection to trade secrets. A. Uniform Commerce Code B. Uniform Trade Secrets Act C. Federal Code of Intellectual Property D. Uniform Commercial Code E. Uniform Espionage Act
Uniform Trade Secrets Act
The two most common forms of mark dilution are _____. A. tarnishment and garnishment B. diminution and tarnishment C. blurring and tarnishment D. diminution and blurring E. blurring and garnishment
blurring and tarnishment
A UL mark indicating that products meet safety standards set by Underwriters Laboratories, Inc. is an example of which of the following? A. collective membership mark B. trademark C. service mark D. copyright E. certification mark
certification mark
A _____ is owned by an organization whose members identify themselves with the level of quality or accuracy or other characteristics of the organization. An example would be "Certified Public Accountant" or "CPA." A. collective membership mark B. copyright C. service mark D. trademark E. certification mark
collective membership mark
The law permits certain unauthorized use of copyright materials under the _____ doctrine. A. due-on-sale B. fair use C. frustration of purpose D. exigent circumstances E. commercial impracticability
fair use
Intellectual property falls into a category of property known as _____ rights, which are not tangible physical objects. A. intangible B. undocumented C. non-protectable D. real property E. non-certifiable
intangible
What is the copyright period for an individual copyright holder? A. 10 years B. 20 years C. 14 years D. life of the author plus 50 years beyond the author's life E. life of the author plus 70 years beyond the author's life
life of the author plus 70 years beyond the authors life
A _____ is any trade name, symbol, word, logo, design, or device used to identify and distinguish goods of a manufacturer or seller or services of a provider from those of other manufacturers, sellers, or providers. A. utility patent B. trade secret C. mark D. design patent E. copyright
mark
An invention is _____ if it is new and has not been invented and used in the past. A. obvious B. useful C. non-obvious D. novel E. rote
novel
To be patented, an invention must be _____. A. novel, useful, and nonobvious B. rote, useful, and non-obvious C. rote, useful, and obvious D. novel, useful, and obvious E. rote, useful, and non-novel
novel, useful, nonobvious
Which of the following is an accurate statement regarding copyright law? A. Both tangible and intangible writings are subject to copyright registration and protection. B. In order for a work to be copyrightable, it must have both tangible and intangible qualities. C. Only intangible writings are subject to copyright registration and protection. D. Neither tangible nor intangible writings are subject to copyright registration and protection. E. Only tangible writings are subject to copyright registration and protection. Your answer is correct.
only tangible writings are subject to copyright registration and protection
After the copyright period expires, the work enters the _____, which means that anyone can publish the work without paying the prior copyright holder. A. public register B. non-public register C. non-public forum D. public domain E. public forum
public domain
A competitor can lawfully discover a trade secret by _____ engineering. A. forward B. parallel C. misappropriation D. reverse E. patterned
reverse
Which of the following would NOT be considered misappropriation of a trade secret? A. employee theft B. bribery of an employee C. reverse engineering D. corporate espionage E. electronic theft
reverse engineering
The name FedEx is an example of a _____. A. copyright B. service mark C. design patent D. utility patent E. trademark
service mark
Using the mark Gucci on a deck of playing cards depicting sexually explicit graphics is an example of _______. A. patent infringement B. a trade secret violation C. copyright infringement D. tarnishment E. blurring
tarnishment
The name Tesla is an example of a _____. A. design patent B. service mark C. trade secret D. trademark E. utility patent
trademark
A(n) _____ patent protects the functionality of an invention. A. machination B. utility C. design D. Einstein E. Edison
utility