Question 1

Which of the following is true regarding what may be the subject of a patent?

Accepted Answer

A)  Only products may be the subject of patents.
B)  A product,a process,an invention,or a plant produced by asexual reproduction may be the subject of a patent.
C)  Only processes may be the subject of patents.
D)  Only inventions may be the subject of patents.
E)  An invention may be the subject of a patent,but a plant produced by asexual reproduction may not be the subject of a patent.F) A) and C)
G) D) and E)

Question 2

Regarding Maura's claim pertaining to damages,which statement is accurate?

Accepted Answer

A)  It is not necessary that a copyrighted work be registered in order for the creator to obtain damages.
B)  It is necessary for a photograph to be registered before the creator may obtain damages,but that is not true for other materials subject to copyright.
C)  She is correct that damages are unavailable in copyright infringement actions.
D)  Damages are available,but a copyrighted work must be registered in order for the creator to recover damages from infringement.
E)  Some material that is subject to copyright must be registered before its creator may recover damages for infringement,but that is not true for photographs.F) B) and D)
G) B) and C)

Question 3

Ximena,who runs a successful real estate agency,ran across a very interesting pamphlet on customer relations.The pamphlet was fifty pages long and cost $70.00.Ximena thought the price was outrageous.Accordingly,she bought one copy and photocopied the pages that she thought were pertinent and gave them to her employees.She copied forty of the pages out of the pamphlet for each of twenty employees.A disgruntled employee informed the pamphlet's publisher what Ximena had done,and she was charged with copyright infringement.Ximena defended on the basis of the fair use doctrine.Discuss the four factors a court would consider in determining whether a violation occurred and whether you think Ximena would prevail.

Accepted Answer

The four factors that the court would we...

Question 4

Which of the following was the result in the case in the text in which the record industry sued Napster,a peer-to-peer file-sharing network,to stop the exchange of digital music files?

Accepted Answer

A)  Napster could continue its file sharing network because users were transferring the format of the files,which was a fair use.
B)  Although the court found that it was a fair use,Napster was ordered to cease its network because of the harm to the record industry.
C)  Napster could continue its file sharing network because it was a fair use.
D)  Because the user was sharing files with others users,it was not a fair use.
E)  Since there was no actual harm in the exchange of digital music files,Napster could continue its file sharing network.F) B) and D)
G) C) and D)

Question 5

Which of the following correctly lists the categories that a mark may fall into in order of ascending strength weakest to strongest) ?

Accepted Answer

A)  Descriptive,generic,suggestive,arbitrary or fanciful.
B)  Generic,suggestive,descriptive,arbitrary or fanciful.
C)  Arbitrary or fanciful,generic,descriptive,suggestive.
D)  Generic,descriptive,suggestive,arbitrary or fanciful.
E)  Suggestive,generic,descriptive,arbitrary or fanciful.F) All of the above
G) B) and E)

Question 6

Trade dress is entitled to the same protection as a trademark.

Accepted Answer

A) True 
 B)False

Question 7

The organization responsible for registering domain names on the Internet is Network Solutions,Inc. ,which is funded by the National Science Foundation.

Accepted Answer

A) True 
 B)False

Question 8

Saya believes the reexamination request is a good strategy because it will slow down the litigation against her.Is she correct?

Accepted Answer

A)  No,although such requests are frequently granted,the USPTO makes a determination rather quickly in such cases.
B)  Yes,such requests are frequently granted,a determination may take years,and courts often prefer the USPTO to complete the reexamination before litigation may proceed.
C)  No,because a court will perform the reexamination,not the USPTO.
D)  No,reexamination requests are rare and a court will order the USPTO to make a quick determination.
E)  No,although reexamination requests are rare,the USPTO makes a determination rather quickly in such cases.F) A) and E)
G) All of the above

Question 9

A mark that requires imagination,thought,and perception to reach a conclusion as to the nature of the goods is known as which kind of mark?

Accepted Answer

A)  Generic
B)  Suggestive
C)  Descriptive
D)  Conclusory
E)  ArtfulF) C) and E)
G) A) and D)

Question 10

Which of the following is a mark affixed to a good,its packaging,or its labeling?

Accepted Answer

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

Question 11

Assuming a trademark was initially registered after 1990,how often must the trademark be renewed after the initial renewal?

Accepted Answer

A)  Every twelve years.
B)  Every eleven years.
C)  Every nine years.
D)  Every thirteen years.
E)  Every ten years.F) All of the above
G) C) and D)

Question 12

Which of the following is a mark licensed by a group that has established certain criteria for use of the mark,such as "U.L.Tested" or "Good housekeeping Seal of Approval"?

Accepted Answer

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

Question 13

How are people and businesses located on the web?

Accepted Answer

A)  Through Internet names
B)  Through product names
C)  Through domain names
D)  Through search engines
E)  Through trademark namesF) B) and C)
G) B) and D)

Question 14

The address of a business website ends with ________.

Accepted Answer

A)  .net
B)  .gov
C)  .com
D)  .edu
E)  .orgF) A) and B)
G) B) and D)

Question 15

Evidence of actual confusion is a prerequisite for the plaintiff to recover in a trademark infringement action,as in the case of Toys "R" Us,Inc. ,v.Canarsie Kiddie Shop,Inc

Accepted Answer

A) True 
 B)False

Question 16

Copyrights protect the expression of creative ideas.

Accepted Answer

A) True 
 B)False

Question 17

Which of the following is a principle of The Paris Convention of 1883?

Accepted Answer

A)  Nonconditional protection
B)  Complex treatment
C)  Enforcement priority
D)  Treaty affirmation
E)  National treatmentF) D) and E)
G) B) and E)

Question 18

[Scuba Diving] Felicia invented a new type of mask that was not subject to fogging for scuba divers and obtained a patent on it.She agrees to allow Mei to manufacture and sell the mask.She receives a sum of money for every mask that Mei sells.Felicia also entered into an agreement with Evan to allow him to sell the masks,but only if he also purchased non-patented diving suits from Felicia.All parties proceeded to do very well with their sales.
-Felicia's agreement with Mei allowing Mei to sell the mask is referred to as which of following?

Accepted Answer

A)  A franchise agreement
B)  A license
C)  An illegal agreement
D)  A patent agreement
E)  A trade agreementF) C) and D)
G) B) and E)

Question 19

What four criteria must be satisfied in order to obtain a patent on a product,process,invention,or machine?

Accepted Answer

To obtain a non-design patent,first,the ...

Question 20

When a patent is issued for an object,it gives its holder the exclusive right to produce,sell,and use the object of the patent for ________ years from the date of application.

Accepted Answer

A)  Twenty
B)  Forty
C)  Ten
D)  Fifty
E)  ThirtyF) B) and C)
G) B) and D)

Exam 12: Intellectual Property

What four criteria must be satisfied in order to obtain a patent on a product,process,invention,or machine?

Correct Answer
verified
To obtain a non-design patent,first,the ...
View Answer

How are people and businesses located on the web?

Correct Answer
verified

Which of the following is a principle of The Paris Convention of 1883?

Correct Answer
verified

Saya believes the reexamination request is a good strategy because it will slow down the litigation against her.Is she correct?

Correct Answer
verified

A mark that requires imagination,thought,and perception to reach a conclusion as to the nature of the goods is known as which kind of mark?

Correct Answer
verified

Evidence of actual confusion is a prerequisite for the plaintiff to recover in a trademark infringement action,as in the case of Toys "R" Us,Inc. ,v.Canarsie Kiddie Shop,Inc

Correct Answer
verified

Which of the following is a mark licensed by a group that has established certain criteria for use of the mark,such as "U.L.Tested" or "Good housekeeping Seal of Approval"?

Correct Answer
verified

Correct Answer
verified

The organization responsible for registering domain names on the Internet is Network Solutions,Inc. ,which is funded by the National Science Foundation.

Correct Answer
verified

When a patent is issued for an object,it gives its holder the exclusive right to produce,sell,and use the object of the patent for ________ years from the date of application.

Correct Answer
verified

Which of the following is a mark affixed to a good,its packaging,or its labeling?

Correct Answer
verified

Which of the following was the result in the case in the text in which the record industry sued Napster,a peer-to-peer file-sharing network,to stop the exchange of digital music files?

Correct Answer
verified

Which of the following is true regarding what may be the subject of a patent?

Correct Answer
verified

Which of the following correctly lists the categories that a mark may fall into in order of ascending strength weakest to strongest) ?

Correct Answer
verified

Copyrights protect the expression of creative ideas.

Correct Answer
verified

Trade dress is entitled to the same protection as a trademark.

Correct Answer
verified

Assuming a trademark was initially registered after 1990,how often must the trademark be renewed after the initial renewal?

Correct Answer
verified

Correct Answer
verified
The four factors that the court would we...
View Answer

The address of a business website ends with ________.

Correct Answer
verified

Regarding Maura's claim pertaining to damages,which statement is accurate?

Correct Answer
verified

Exam 12: Intellectual Property

What four criteria must be satisfied in order to obtain a patent on a product,process,invention,or machine?

Correct AnswerverifiedTo obtain a non-design patent,first,the ...View AnswerShow Answer

How are people and businesses located on the web?

Correct AnswerverifiedShow Answer

Which of the following is a principle of The Paris Convention of 1883?

Correct AnswerverifiedShow Answer

Saya believes the reexamination request is a good strategy because it will slow down the litigation against her.Is she correct?

Correct AnswerverifiedShow Answer

A mark that requires imagination,thought,and perception to reach a conclusion as to the nature of the goods is known as which kind of mark?

Correct AnswerverifiedShow Answer

Evidence of actual confusion is a prerequisite for the plaintiff to recover in a trademark infringement action,as in the case of Toys "R" Us,Inc. ,v.Canarsie Kiddie Shop,Inc

Correct AnswerverifiedShow Answer

Which of the following is a mark licensed by a group that has established certain criteria for use of the mark,such as "U.L.Tested" or "Good housekeeping Seal of Approval"?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

The organization responsible for registering domain names on the Internet is Network Solutions,Inc. ,which is funded by the National Science Foundation.

Correct AnswerverifiedShow Answer

When a patent is issued for an object,it gives its holder the exclusive right to produce,sell,and use the object of the patent for ________ years from the date of application.

Correct AnswerverifiedShow Answer

Which of the following is a mark affixed to a good,its packaging,or its labeling?

Correct AnswerverifiedShow Answer

Which of the following was the result in the case in the text in which the record industry sued Napster,a peer-to-peer file-sharing network,to stop the exchange of digital music files?

Correct AnswerverifiedShow Answer

Which of the following is true regarding what may be the subject of a patent?

Correct AnswerverifiedShow Answer

Which of the following correctly lists the categories that a mark may fall into in order of ascending strength weakest to strongest) ?

Correct AnswerverifiedShow Answer

Copyrights protect the expression of creative ideas.

Correct AnswerverifiedShow Answer

Trade dress is entitled to the same protection as a trademark.

Correct AnswerverifiedShow Answer

Assuming a trademark was initially registered after 1990,how often must the trademark be renewed after the initial renewal?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedThe four factors that the court would we...View AnswerShow Answer

The address of a business website ends with ________.

Correct AnswerverifiedShow Answer

Regarding Maura's claim pertaining to damages,which statement is accurate?

Correct AnswerverifiedShow Answer

Correct Answer
verified
To obtain a non-design patent,first,the ...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
verified
The four factors that the court would we...
View Answer

Correct Answer
verified

Correct Answer
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