BLAW Exam #2

Direct infringement includes which of the following? Choose three answers.

1. Making a patented invention without permission from the patent owner 2. Using a patented invention without permission of the patent owner 3. Selling a patented invention without permission from the patent owner

When a defendant faces a negligence lawsuit, what defenses are available?

1. contributory negligence 2. comparative fault 3. assumption of risk

In a negligence action, a plaintiff may seek an award for compensatory damages as a result of which of the following?

1. the loss of a spouses companionship 2. actual missed days at work 3. medical bills

A product is unreasonably dangerous to consumers when it meets which of the following conditions?

1. the manufacturer failed to adequately warn the consumer about the dangers of the product 2. it is inherently dangerous but is even more dangerous than an ordinary consumer would expect

An author may expect to receive copyright protection for the life of the author plus

70 years

How long will the protection of a book wrote by yourself last?

As long as you live, plus seventy years

You go out drinking and playing cards with your buddies. After you have consumed a huge amount of alcohol, you agree to sell your motorcycle to your buddy. The next morning, after you sober up, your buddy tells you what you did. Do you think your buddy can legally hold you to the deal of the motorcycle?

No, he cant, if you were so intoxicated that you could not form the mental capacity to enter into a contract, and your buddy knew you were intoxicated.

What does the reasonable person standard impose on a person in a negligence lawsuit?

a duty to act as a reasonable person would in the same circumstances

Which of the following types of intellectual property may only be owned by a business?

a trade secret

For an original work of authorship, such as a book, song, poem, article, recording, or other work, and author would seek the protection of a:

copyright

Which of the following types of trademarks are in the correct order, from highest protection to lowest protection?

fanciful, arbitrary, suggestive, descriptive, generic

A business will be able to protect its trademark for how long?

if unregistered, as long as it is in use

Patentability requires the invention to be

novel, non- obvious, and useful

Which of the following types of intellectual property protection usually has a set term of 20 years?

patent

To prevent others from making, selling, or using an invention, an inventor should seek what type of intellectual property protection?

patent protection

Which of the following describes a product with a defective condition?

the product is not reasonably fit for its ordinary and intended use

A business using a word, phrase, symbol, or design to identify and distinguish its brand of goods would protect that branding with a:

trademark

A company which has used a trademark similar to another's trademark in a way that is likely to cause confusion among consumers has committed

trademark infringement

You've spent the last eighteen months writing a how to book for entrepreneurs who want to establish their own business. As you put the final editing touches on the book, you start thinking about how you can protect your book, and how you can make sure you receive the profit from it. What do you think you should do to make sure only you can profit from your work?

Nothing; copyright protection happens automatically once the work is in tangible form