Question 1

Mandy purchased a business law book and used it during business law class.Mandy later loaned the book to Sage,and then to Chris.Another student accused Mandy of copyright violation and threatened to report Mandy to the book publisher and also to the school's ethics board.Did Mandy violate the copyright laws?

Accepted Answer

A)   Yes.
B)   No,because Mandy's loan of the book would be covered by the fair use doctrine.
C)   No,because Mandy's loan of the book would be covered under the first sale doctrine.
D)   No,because Mandy's loan of the book would be covered under the equivalency doctrine.E) B) and D)
F) C) and D)

Question 2

Arbitrary marks are words or terms that had no prior meaning until used as a trademark in connection with a particular product.

Accepted Answer

A) True 
 B)False

Question 3

The Uniform Trade Secrets Act is a federal law.

Accepted Answer

A) True 
 B)False

Question 4

The patent practice of other countries is often different from that of the United States.

Accepted Answer

A) True 
 B)False

Question 5

Copyright protection does not extend to derivative works.

Accepted Answer

A) True 
 B)False

Question 6

The duration of a copyright granted to a known individual,not a work done for hire,will be:

Accepted Answer

A)   the life of the author plus 100 years.
B)   the life of the author plus 70 years.
C)   75 years after the first publication.
D)   100 years after the creation of the work.E) C) and D)
F) None of the above

Question 7

The U.S.Supreme Court ruled that living organisms can be patented if they are human-made.

Accepted Answer

A) True 
 B)False

Question 8

A utility patent protects any novel,original (rather than nonobvious),and ornamental (rather than useful)design for an article of manufacture.

Accepted Answer

A) True 
 B)False

Question 9

Once the Patent and Trademark Office issues a patent,a court may not find it invalid.

Accepted Answer

A) True 
 B)False

Question 10

Which of the following are four defenses to patent-infringement claims?

Accepted Answer

A)   Noninfringement,invalidity of the patent,misuse of the patent,and innocent infringement
B)   Noninfringement,invalidity of the patent,fair use,and innocent infringement
C)   Noninfringement,fair use,misuse of the patent,and innocent infringement
D)   Fair use,misuse of the patent,innocent infringement,and illegality of the patentE) All of the above
F) A) and C)

Question 11

Which of the following is NOT a remedy in a civil suit brought against violators of the Digital Millennium Copyright Act (DMCA) ?

Accepted Answer

A)   Courts may order impounding of digital media products involved in the violation.
B)   Courts may impose treble damages on repeat offenders.
C)   Courts may order duplicative recovery on behalf of infringed parties.
D)   Courts may impose injunctions on violators.E) A) and B)
F) A) and C)

Question 12

As a matter of law,a combination of two inventions cannot be considered nonobvious.

Accepted Answer

A) True 
 B)False

Question 13

Terms that were once enforceable trademarks may become generic and thereby not protected.

Accepted Answer

A) True 
 B)False

Question 14

The CASE 11.2 Authors Guild v.Google,Inc.(2016) involves Google's action of creating an index of approximately 20 million scanned books that allows users of its Google Books search engine to enter a word or phrase and generate a list of books that include the word or phrase,as well as a "limited viewing" of text.The court ruled that Google did not violate copyright based on the:

Accepted Answer

A)   contributory copyright doctrine.
B)   copyright misuse doctrine.
C)   fair use doctrine.
D)   first sale doctrine.E) None of the above
F) C) and D)

Question 15

In CASE 11.1 DC Comics v.Towle (2016) ,the court addressed the question of whether the production of replicas of a copyrighted item featured in a movie infringed the copyright owner's rights.How did the court rule?

Accepted Answer

A)   DC Comics did not own a copyright interest in those productions so DC Comics lacked standing to bring the claim against Towle.
B)   Towle was liable for infringing DC Comics' exclusive right to produce derivative works of the Batmobile character.
C)   The Batmobile was "merely a stock character" and as a result,did not qualify for copyright protection.
D)   Towle's replica Batmobiles were an indirect copy of the Batmobile character and therefore did not infringe on DC Comics' copyright.E) B) and C)
F) None of the above

Question 16

In the case Association for Molecular Pathology v.Myriad Genetics,Inc.(2013) ,the U.S.Supreme Court held that under U.S.Patent Laws,isolated DNA is:

Accepted Answer

A)   not eligible for patent protection because it is naturally occurring.
B)   eligible for patent protection because it is human-made.
C)   eligible for patent protection because it is naturally occurring.
D)   not eligible for patent protection because it is human-made.E) A) and D)
F) A) and C)

Question 17

The federal trademark act is known as the __________ Act.

Accepted Answer

A)   Trademark
B)   Signal
C)   Smith
D)   LanhamE) None of the above
F) All of the above

Question 18

Joey invented a new type of device to control dog barking without harming the dog.A month later,Sasha independently invented an almost identical type of device.Sasha filed for a patent immediately.When Joey became aware of Sasha's filing,Joey also filed for patent protection.Assuming that there is no statutory bar between Joey and Sasha,who should be awarded the patent prior to September 16,2003,and why? What about after September 16,2013? What law affects the result after September 16,2013? What would the result be in most other countries?

Accepted Answer

Prior to September 16,2003,the patent wo...

Question 19

Which of the following is true regarding remedies for patent infringement?

Accepted Answer

A)   The patent holder may seek preliminary and permanent injunctive relief and damages,as well as court costs and attorneys' fees.
B)   The patent holder may seek preliminary and permanent injunctive relief and damages,as well as court costs,but attorneys' fees are unavailable.
C)   The patent holder may seek permanent injunctive relief and damages,as well as court costs and attorneys' fees,but preliminary injunctive relief is unavailable.
D)   The patent holder may seek damages,as well as court costs and attorneys' fees,but injunctive relief is unavailable.E) C) and D)
F) B) and D)

Question 20

Some courts have recognized a form of employee trade secret misappropriation under the __________ Doctrine,which recognizes that former employees who go to work for a competitor in a similar capacity will eventually disclose trade secrets gained in their former employment.

Accepted Answer

A)   Registered Trademark Secret
B)   Uniform Trade Secret
C)   Inevitable Disclosure
D)   Constructive AbandonmentE) C) and D)
F) None of the above

Exam 11: Intellectual-Property

Arbitrary marks are words or terms that had no prior meaning until used as a trademark in connection with a particular product.

Correct Answer
verified

Correct Answer
verified
Prior to September 16,2003,the patent wo...
View Answer

Once the Patent and Trademark Office issues a patent,a court may not find it invalid.

Correct Answer
verified

The duration of a copyright granted to a known individual,not a work done for hire,will be:

Correct Answer
verified

A utility patent protects any novel,original (rather than nonobvious),and ornamental (rather than useful)design for an article of manufacture.

Correct Answer
verified

Which of the following is true regarding remedies for patent infringement?

Correct Answer
verified

Which of the following is NOT a remedy in a civil suit brought against violators of the Digital Millennium Copyright Act (DMCA) ?

Correct Answer
verified

Terms that were once enforceable trademarks may become generic and thereby not protected.

Correct Answer
verified

Correct Answer
verified

The Uniform Trade Secrets Act is a federal law.

Correct Answer
verified

Correct Answer
verified

Which of the following are four defenses to patent-infringement claims?

Correct Answer
verified

In the case Association for Molecular Pathology v.Myriad Genetics,Inc.(2013) ,the U.S.Supreme Court held that under U.S.Patent Laws,isolated DNA is:

Correct Answer
verified

Some courts have recognized a form of employee trade secret misappropriation under the __________ Doctrine,which recognizes that former employees who go to work for a competitor in a similar capacity will eventually disclose trade secrets gained in their former employment.

Correct Answer
verified

The U.S.Supreme Court ruled that living organisms can be patented if they are human-made.

Correct Answer
verified

The patent practice of other countries is often different from that of the United States.

Correct Answer
verified

Copyright protection does not extend to derivative works.

Correct Answer
verified

The federal trademark act is known as the __________ Act.

Correct Answer
verified

As a matter of law,a combination of two inventions cannot be considered nonobvious.

Correct Answer
verified

In CASE 11.1 DC Comics v.Towle (2016) ,the court addressed the question of whether the production of replicas of a copyrighted item featured in a movie infringed the copyright owner's rights.How did the court rule?

Correct Answer
verified

Exam 11: Intellectual-Property

Arbitrary marks are words or terms that had no prior meaning until used as a trademark in connection with a particular product.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedPrior to September 16,2003,the patent wo...View AnswerShow Answer

Once the Patent and Trademark Office issues a patent,a court may not find it invalid.

Correct AnswerverifiedShow Answer

The duration of a copyright granted to a known individual,not a work done for hire,will be:

Correct AnswerverifiedShow Answer

A utility patent protects any novel,original (rather than nonobvious),and ornamental (rather than useful)design for an article of manufacture.

Correct AnswerverifiedShow Answer

Which of the following is true regarding remedies for patent infringement?

Correct AnswerverifiedShow Answer

Which of the following is NOT a remedy in a civil suit brought against violators of the Digital Millennium Copyright Act (DMCA) ?

Correct AnswerverifiedShow Answer

Terms that were once enforceable trademarks may become generic and thereby not protected.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

The Uniform Trade Secrets Act is a federal law.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which of the following are four defenses to patent-infringement claims?

Correct AnswerverifiedShow Answer

In the case Association for Molecular Pathology v.Myriad Genetics,Inc.(2013) ,the U.S.Supreme Court held that under U.S.Patent Laws,isolated DNA is:

Correct AnswerverifiedShow Answer

Some courts have recognized a form of employee trade secret misappropriation under the __________ Doctrine,which recognizes that former employees who go to work for a competitor in a similar capacity will eventually disclose trade secrets gained in their former employment.

Correct AnswerverifiedShow Answer

The U.S.Supreme Court ruled that living organisms can be patented if they are human-made.

Correct AnswerverifiedShow Answer

The patent practice of other countries is often different from that of the United States.

Correct AnswerverifiedShow Answer

Copyright protection does not extend to derivative works.

Correct AnswerverifiedShow Answer

The federal trademark act is known as the __________ Act.

Correct AnswerverifiedShow Answer

As a matter of law,a combination of two inventions cannot be considered nonobvious.

Correct AnswerverifiedShow Answer

In CASE 11.1 DC Comics v.Towle (2016) ,the court addressed the question of whether the production of replicas of a copyrighted item featured in a movie infringed the copyright owner's rights.How did the court rule?

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
verified
Prior to September 16,2003,the patent wo...
View Answer

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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