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Chapter 39. Protection of Intellectual Property
1. The Family Entertainment and Copyright Act of 2005 established criminal penalties for willful copyright infringement
of musical works or motion pictures, but does allow for the sale and use of technology that can skip content of films
in order to edit out language, violence, or sex.
a. True
b. False
2. Infringement is the unauthorized use of the intellectual property of another.
a. True
b. False
3. Electronic surveillance for the purpose of acquiring trade secrets is permissible under the law of unfair competition.
a. True
b. False
4. The characters and the names of a television show may be registered as collective marks.
a. True
b. False
5. For a mark to be protected under federal law, it must be registered with the Patent and Trademark Office.
a. True
b. False
6. A trade secret is commercially valuable information that is guarded from disclosure and is not general knowledge.
a. True
b. False
7. An employee may quit the Tel Ko Company and then use information he learned at Tel Ko in competition with Tel
Ko, unless there was some unfair competition or a trade secret involved.
a. True
b. False
8. While employed and even after termination of employment, an employee cannot divulge trade secrets to a
competitor.
a. True
b. False
9. The Lanham Act prohibits “palming off” but not “reverse palming off.”
a. True
b. False
10. A copyright would protect a photograph.
a. True
b. False
11. Someone who is convicted of theft of trade secrets or of the attempt to steal trade secrets may face fines and
imprisonment for up to 10 years, or both.
a. True
b. False
12. Georgia's company may lawfully discover Samantha's company's trade secrets if Samantha's company fails to take
reasonable precautions to protect their trade secrets.
a. True
b. False
13. Copyright infringement may be unintentional.
a. True
b. False
14. A patent lasts for the same period of time as a copyright.
a. True
b. False
15. A patent last for life, while a copyright ends after 50 years.
a. True
b. False
16. The United States joined the Berne Convention, an international treaty protecting copyrighted works.
a. True
b. False
17. The Lanham Act protects a generic or descriptive mark.
a. True
b. False
18. Federal Flag Company sends in an American flag for registration under the Lanham Act. The registration will be
accepted.
a. True
b. False
19. Intentional trafficking in goods known to bear a counterfeit mark can be a criminal offense.
a. True
b. False
20. No copyright protection is available to protect mask works embodied in a semiconductor chip product.
a. True
b. False
21. Komco Computer Company has developed a new and innovative magazine and television ad campaign that it would
like to protect from use by its competitors. Komco may copyright its magazine and television ads.
a. True
b. False
22. INM Corporation is in the business of developing genetically engineered pharmaceutical products. It has developed a
new genetically engineered microorganism that it would like to protect from unauthorized use by others. INM may
patent the microorganism.
a. True
b. False
23. The word "truck" cannot be a trademark for trucks, although it could be a trademark for a new brand of designer
jeans.
a. True
b. False
24. One way of keeping a trade secret is to obtain a patent on it.
a. True
b. False
25. Injunctive relief is a common remedy under the Lanham Act.
a. True
b. False
26. Goods bearing a counterfeit mark may be destroyed without compensation to the owner of the goods.
a. True
b. False
27. The union mark attached to many goods in the United States is a collective mark.
a. True
b. False
28. Copyright protection lasts for the period of an author's life plus an additional 75 years.
a. True
b. False
29. Professor Wright photocopies 50 copies of a copyrighted chart to distribute to his students in class. This is a clear
violation of the Copyright Act.
a. True
b. False
30. Gerdsome, Inc. uses a trademark that is substantially the same as a mark of Balsmore Co. As a result, Balsmore's
business falls off. Balsmore may recover damages from Gerdsome without proving Gerdsome intended to cause
confusion by the use of that mark.
a. True
b. False
31. Misappropriation of a trade secret is the wrongful use of a trade secret.
a. True
b. False
32. A person is a contributory infringer if he knowingly sells or offers to sell a part or component of a patented invention.
a. True
b. False
33. Proof of copyright infringement must demonstrate that the allegedly infringing work is identical to the copyrighted
work.
a. True
b. False
34. A company claiming rights in a trademark may use the TM designation even if the mark is not registered.
a. True
b. False
35. Federal protection of a registered trademark is perpetual.
a. True
b. False
36. A federally protected trademark cannot be "abandoned" through simple non-use.
a. True
b. False
37. An author may terminate transfer of copyright ownership, other than that of a work for hire, during the five-year
period beginning 35 years after the transfer was granted.
a. True
b. False
38. Design patents grant the holder a 14-year monopoly.
a. True
b. False
39. The owner of a collective mark must produce the goods it seeks to mark.
a. True
b. False
40. Intellectual property consists of which of the following?
a. Trade secrets
b. Patents
c. Trade symbols
d. All of these are considered intellectual property.
41. Which of the following items would be patentable?
a. A distinctive variety of an asexually reproducing plant
b. A textbook
c. The theory of relativity
d. A computer program
42. In most cases, how long does a copyright last?
a. 50 years
b. 17 years
c. 70 years
d. The author's life plus 70 years
43. The apple which identifies Apple Computers is an example of a:
a. trademark.
b. service mark.
c. certification mark.
d. collective mark.
44. To which of the following limitations are the rights of the holder of a copyright subject?
a. Fair use
b. Compulsory licenses
c. Palming off
d. Both fair use and compulsory licenses
