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45. An artist would like to protect one of his original oil paintings from being sold as original prints. He may protect his
painting by applying for a:
a. copyright.
b. patent.
c. trademark registration.
d. service mark registration.
46. A statutorily secured monopoly right that is issued to inventors or discoverers of useful new devices or processes is
known as a:
a. copyright.
b. patent.
c. service mark registration.
d. trade name registration.
47. A sculptor wishes to protect one of his original works. He may do so by applying for a:
a. copyright.
b. patent.
c. service mark registration.
d. trademark registration.
48. Wanda has a new idea for a novel, which she won't have time to write until next year. She may protect it by means
of:
a. patent.
b. copyright.
c. registration of the idea.
d. nothing. An idea that has not yet been developed into a tangible form cannot be protected.
49. If the court finds misappropriation of trade secrets, it may award the following remedies:
a. only damages in the amount of the pecuniary loss to the plaintiff caused by the misappropriation.
b. only damages in the amount of the pecuniary gain to the defendant.
c. treble damages.
d. Either damages in the amount of the pecuniary loss to the plaintiff caused by the misappropriation. or damages
in the amount of the pecuniary gain to the defendant, whichever is greater.
50. Under copyright law, the doctrine of works for hire states that:
a. if an employee prepares a work within the scope of her employment, her employer is considered the author of
the work.
b. if an employee prepares a work within the scope of her work, the employee is considered the author of the
work for copyright purposes.
c. if the work is specially ordered or commissioned, it is always considered, for copyright purposes, the work of
the employer.
d. a person's original creations, if committed to tangible form, are always considered to be authored by the actual
creator in the law of copyright.
51. The Economic Espionage Act of 1996:
a. defines trade secrets to include information only in tangible form.
b. protects the owner of trade secrets regardless of the measures used to keep the information secret.
c. provides for punishment of organizations that violate the act by subjecting them to fines of up to $5 million.
d. narrowly defines theft of trade secrets.
52. The fraudulent marketing of one person's goods as those of another is referred to as:
a. palming off of goods.
b. trade secrets.
c. fraud.
d. a tying arrangement.
53. The Lanham Act has been amended by the:
a. Federal Trademark Dilution Act and the Trademark Cyberpiracy Prevention Act of 1999.
b. Only the Trademark Cyberpiracy Prevention Act of 1999.
c. Anti-counterfeiting Amendments Act of 2004 and the Trademark Cyberpiracy Prevention Act of 1999.
d. Only the Federal Trademark Dilution Act.
54. To be protected by federal law, a mark must be distinctive enough to identify clearly the origin of the goods or
services. A trade symbol may satisfy the distinctiveness requirement by, in certain circumstances:
a. being a descriptive or geographic designation.
b. being inherently distinctive.
c. acquiring distinctiveness through a secondary meaning.
d. All of these.
55. Federal trademark protection:
a. lasts for fourteen years after registration.
b. can be renewed for only a limited number of times.
c. can be abandoned by non-use.
d. All of these.
56. Regarding trademark protection:
a. an applicant must have actually used the mark in commerce before it can be protected.
b. an owner may abandon the mark through non-use and lose protection.
c. will be presumed to have abandoned the mark after two years of non-use.
d. All of these are true.
57. In order to be the subject of a suit for copyright infringement, the copyright:
a. must be registered with the copyright office.
b. must be registered with the copyright office unless the work is a Berne Convention work whose country of
origin is not the United States.
c. must be registered with the copyright office before the infringement.
d. need not be registered under any circumstances.
58. The U.S. Patent and Trademark Office issues a patent upon an application containing:
a. a specification, which describes the features that make the invention patentable.
b. claims, which describe the features that make the invention patentable.
c. claims, which describe how the invention works.
d. a summary of the prior similar inventions and an explanation of how this invention is distinct from them.
59. A design patent:
a. has a duration of 14 years.
b. protects the ornamental designs for manufactured products.
c. requires a showing of novelty, ornamentality, and nonobviousness.
d. All of these.
60. Marks such as "Good Housekeeping Seal of Approval" and "Underwriter's Laboratory" are examples of:
a. service marks.
b. certification marks.
c. collective marks.
d. trademarks.
61. A person who intentionally and knowingly uses a counterfeit mark may receive:
a. a judgment for three times the defendant’s profits or three times the plaintiff’s damages, whichever is greater.
b. a fine of up to $200,000 on the first offense and $750,000 on a repeat offense.
c. a fine of up to $1,000.
d. imprisonment of up to 20 years for the first offense and for up to 30 years for a repeat offense.
62. Infringement of a mark occurs when:
a. a person intends to confuse purchasers by using an identical or substantially indistinguishable mark.
b. it is proved that purchasers were actually confused by use of an identical or substantially indistinguishable
mark.
c. and only when, an identical mark was used in an unauthorized way.
d. a person without authorization uses an identical or substantially similar mark that is likely to cause confusion,
to cause mistake, or to deceive.
63. Incellmed Corporation has developed a new process that it plans to use in genetically engineering microorganisms for
its pharmaceutical business. To protect the process, Incellmed may:
a. only copyright the process.
b. only patent the process.
c. only protect the process as a trade secret without registration.
d. Either patent the process or protect the process as a trade secret, depending on the other facts of the
situation.
64. Which of the following remedies is NOT available for patent infringement?
a. Attorney fees in some but not all cases
b. An accounting for profits
c. Treble damages when appropriate
d. Injunctive relief
65. Curt has no connection with Harvard University, but he has a new line of computer software that he would like to
market to university students and faculty under the name of "Harvard Software." In this case:
a. Curt may, most likely, register the name "Harvard Software" under the Lanham Act.
b. Curt may, most likely, be able to copyright the name "Harvard Software" under the Copyright Act.
c. it is unlikely that Curt will be able to register the name "Harvard Software," because it falsely suggests a
connection to an institution.
d. it is unlikely that Curt will be able to register the name "Harvard Software," because it has not yet been
market tested to see if the name confuses consumers.
66. The international treaty to which the United States is a party and which protects copyrighted works is known as the:
a. Berne Convention.
b. Convention on International Copyright Protection (CICP).
c. Geneva Convention.
d. Treaty of Vienna.
67. An example of a "certification mark" would be:
a. Holiday Inns.
b. Xerox.
c. Real Cheese.
d. Nabisco.
68. If a registered copyright is willfully infringed, the owner may ask for and receive which of the following remedies?
a. Rescission and restitution
b. Punitive damages
c. Injunction
d. All of these.
69. Which one of the following cannot be registered under the Lanham Act?
a. An immoral mark
b. An inherently distinctive mark
c. A descriptive mark that has acquired distinctiveness through a secondary meaning
d. A geographic designation that has acquired distinctiveness through a secondary meaning
70. A patent would be appropriate in all but which one of the following cases?
a. The discovery of a medical use for moon rocks
b. The invention of a miniature portable generator
c. The discovery of a method of making soap from sand
d. The invention of a fingernail-sized radio
71. What are some of the remedies available for infringement under the Lanham Act?
a. Injunction
b. The impoundment and destruction of infringing articles
c. Up to three times actual damages
d. All of these.
72. Utility patents require which of the following elements?
a. Ornamentality
b. Novelty
c. Obviousness
d. Distinctiveness
73. Congressional legislation implementing the Madrid Protocol:
a. allowed copyright holders to gain international recognition of their copyright.
b. allowed U.S. trademark owners to file for registration in the many member countries of the Protocol by filing
a single application.
c. gave international trade secret protection.
d. simplified the procedure for acquiring international patents.
74. Incellmed Corporation is in the business of developing genetically engineered pharmaceutical products. It uses a
number of highly technical secret processes in its business. Martin worked for the company for five years and then
left after an argument with one of the vice presidents of the company. He then went to work for one of Incellmed's
competitors, which has begun to market similar products that seem to have been produced using the secret
processes developed and used by Incellmed. What, if any, recourse does Incellmed have under the circumstances?
75. Julius had just finished a reading of his work in a local park. Afterwards he passed out copies of the same for folks
to enjoy at home. However, Martina took her copy to a local college magazine and had it published in her name.
What are Julius's rights under the copyright law?
76. Edwina wrote an original novel entitled "Good Thunder on the Prairie" and registered a copyright on her work. A
vice-president/producer at a film studio read the book and thought it would make an excellent made-for-television
movie, so without consulting Edwina, he developed a script based upon the novel and produced it as "Thunder Storm
on the Prairie." What, if any, recourse does Edwina have under the circumstances?
77. Identify the following trade symbols according to their type.
a. The Underwriter's Laboratory Mark.
b. The apple used by Apple Computers.
c. The "GM" symbol that appears on General Motors' automobiles.
d. The "A" symbol used by American Airlines.
e. The Muppets characters Miss Piggy and Kermit the Frog.
f. The Union Made symbol.
78. What are the ways that basic trade secrets are misappropriated?
