Trade Patent & Intellectual Property – Business Law
These chapters include business contracts, law, trade patent and intellectual property.
A ______ is any form of knowledge or information that has economic value from not being generally known to others or readily ascertainable by proper means and has been the subject of reasonable efforts by the owner to maintain secrecy.
Trade Secret – Correct
injunction – Correct
To violate another’s trade secret rights, one must ______.
misappropriate the information – Correct
Which of the following is most likely to be the first step taken by a business to protect its trade secrets?
identify confidential knowledge-based resources by conducting a trade secret audit – Correct
Misappropriation of a trade secret occurs when ______.
a person improperly acquires secret information through burglary, espionage, or computer hacking – Correct
Which of the following statements is true of trade secrets?
Establishment of the existence of trade secrets is a critical step in the control of valuable knowledge resources – Correct
Which of the following statements is true of misappropriation?
If one acquires a secret from another who has a duty to maintain secrecy and one knows of that duty, misappropriation has occurred – Correct
Which of the following statements is true of the Economic Espionage Act (EEA)?
One of the provisions of the EEA makes one liable for misappropriation to benefit a foreign government – Correct
Which of the following statements is true of patents?
Many of the basic principles of modern patent law are sourced from the Venetian Patent Act of 1474 – Correct
Which of the following statements is true of design patents?
The duration of a design patent is 14 years from the date of issue – Correct
In the context of utility patents, which of the following terms refers to the details about the subject matter that an inventor regards as the invention?
claims – Correct
In the context of patentable subject matter, which of the following refers to doing something through a series of operations?
process – Correct
A(n) _____ patent applies to useful, functional inventions.
utility – Correct
The Patent and Trademark Office (PTO) assigns a ______ to consider a patent application.
patent examiner – Correct
In the context of patentable subject matter, which of the following characteristics about an invention indicates that something is new and different from the prior art
Novelty – Correct
Which of the following types of intellectual property can be assigned to the invention of a plant that can be reproduced asexually?
Patent – Correct
Hillward Bakers Inc. has been using a logo with the letters “HB” in blue color and a baker’s hat above these letters since its inception ten years ago. This logo has since been connected with Hillward Bakery by its customers. Hobert Bakers Inc., a newly opened bakery and confectionary chain, uses the same logo. Hillward has not registered its logo, but chooses to sue Hobert. Which of the following is true of this case?
Hillward can sue Hobert since the logo has been used by Hillward and is associated with it – Correct
Which of the following is true of a trademark?
Owners can sue for infringement and claim rights on a trademark even if they have not registered it – Correct
Which of the following is a function of a trademark?
distinctiveness – Correct
The Nike “swoosh” and McDonald’s golden arches are examples of which type of
trademark – Correct
Which of the following is an instance of trademark infringement?
an accidental design of one’s own mark too similarly to another’s – Correct
Radford School is certified by the United Federation of Planets Academy of Business and Managements Schools. The icon of the school used on its website has the words “Member of UFPABMS.” This icon is a ______.
collective mark – Correct
Which of the following is actually intended to be used by someone other than the owner?
certification marks – Correct
A school’s seal and logo are examples of which type of intellectual property?
service marks – Correct
Which of the following statements is true of intellectual property?
The basic economic system of intellectual property is grounded in the idea of incentives – Correct
Which of the following is true of trade dress
It is protected by the law from being copied as long as it is distinctive – Correct
refers to a colored design or shape associated with a product or service.
Trade dress – Correct
When you purchase an item from Globus Corp., they place the item in a paper bag with handles and vertical yellow, blue, and white stripes. Even without seeing the words “Globus Corp.” on the bag, many people recognize that the purchase is from Globus. The bag’s coloring and design is considered its ______.
trade dress – Correct
______ refers to a public meaning that is different from its meaning as a person’s name or as a distinctive term, a public meaning that makes the name or term distinctive.
secondary meaning – Correct
As part of the trademark application process, the Patent and Trademark Office places a proposed mark in the ______, which gives existing mark owners notice and allows for objection
Official Gazette – Correct
For a name to be trademarked, ______.
it must be listed on the Supplemental Register for five years and have acquired a secondary meaning – Correct
Which of the following is a defense to a charge of trademark infringement?
The use is a “fair use.” – Correct
Civil violation of a trademark or a patent
infringement – Correct
A trademark becomes ______ when, through the owner’s actions or another’s inappropriate use, the mark becomes synonymous in the consumers’ mind with the name of the goods or services.
generic
According to the Lanham Act of 1946, which of the following is a mark representing membership in a certain organization or association
collective mark – Correct
The fair use of a registered trademark defense was established in the ______.
Lanham Act – Correct
Which of the following protects a “famous” trademark, even if the owner is unable to prove that the public is confused by another’s use of a similar mark, and provides the owner with the infringer’s profits and actual damages?
The Federal Trademark Dilution Act – Correct
Which of the following is true of copyright law?
It protects original, creative expression – Correct
The payment of a fee in connection with permission to use protected copyrighted works
royalty – Correct
A ___ is any form of knowledge or info that has economic value from not being generally known to
Trade Secret – Correct
True of violation of trade secrets’ rights
One must misappropriate another’s information – Correct
First step in protecting trade secrets
A business MUST identify confidential knowledge-based resources – Correct
Misappropriation of a trade secret occurs when
a person legitimately acquires the trade secret – Correct
___ is on order by a judge either to do something or to refrain from doing something
An Injuction – Correct
A ___ patent applies to useful, functional inventions
Utility – Correct
Whom does the PTO assign to consider a patent application
Patent Examiner – Correct
A patent application must, address each of the following EXCEPT
it must SHOW a reasonable business plan – Correct
The following types of intellectual property…be reproduced asexually
Patent – Correct
Proving that a patent is invalid bc it was in commercial use…
By clear and convincing evidence – Correct
___ refers to the ability of an invention to produce surpising
Nonobviousness – Correct
following defenses can be alleged infringer use to prove that the patent is invalid
The invention is obvious – Correct
The “one-year rule” applies to
Patent – Correct
True in cases a patent expires
It is in the public domain and others may use it without limitations – Correct
When a patent expires, the invention is said to be in the ___
Public Domain – Correct
Hillward Bakers
Hillward CAN sue Hobert since the logo has be used – Correct
True of trademarks
Owners can sue for infringement, and claim rights on a trademark even if they have not registered it – Correct
A function of a trademark
Distinctiveness – Correct
The Nike “swoosh” is
Trademark – Correct
Unauthorized use of a registered trademark is known as
Infringement – Correct
Radord School
collective mark – Correct
Is actually intended to be used by someone other than the owner
certification marks – Correct
A school’s seal and logo are examples of
Service Marks – Correct
True of trade dress
The law protects it from being copied as long as it is distinctive – Correct
What is a colored design or shape associated with a product or service called
Trade Dress – Correct
When you purchase an item from Victoria’s Secret
Trade Dress – Correct
As part of the trademark application process,
Official Gazette – Correct
A ___ refers to a public meaning that is different from its meaning as person’s name
Secondary Meaning – Correct
For a name to be trademarked
It must be listed on the secondary register for 5 years & have acquired a secondary meaning – Correct
The following is a defense to a charge of trademark infringemetn
The mark is not distinctive – Correct
Civil violation of a trademark or a patent is termed
Infringement – Correct
When the public is confused as to whether a term refers to a particular product/service…
Generic – Correct
The Anti-Cybersquatting Consumer Protection Act of 1999
Famous – Correct
The fair use of a registered trademark defense was established in the
Lanham Act – Correct
The following acts protect a “famous” trademark
Trademark Dilution Act – Correct
True of copyright
It protect original, creative expression – Correct
The Berne Convention addressed international agreements in the area of
Copyrights – Correct
The payment of a fee in connection with permission to use protected copyright works is called a
Royalty – Correct
Incorrect statement regarding copyrights
The work may be an intangible original idea – Correct
Not an allowable “fair use” of material
Profits – Correct
In determining whether a particular use is a fair one, a court will consider
The amount and substantiality – Correct
A copyright protects
Authors – Correct
___ is a form of expression that criticizes by poking fun at something through exaggeration
Parody – Correct
True of the Digital Millenium Copyright Act
It prevents circumvention of access protections for such products – Correct
Possible civil remedies for violation of the Digital Millennium Copyright Act can include
Actual damages and injunction – Correct
True of the Foreign Corrupt Practices Act of 1977
It is designed to stop bribery – Correct
Intermediaries under the FCPA are
prohibited from making payments – Correct
The term ‘knowing’ refers to
Conscious disregard – Correct
Not a permissible payment for routine government action
Travel expenses – Correct
___ is used in the context of international law as the seizure
Expropriation – Correct
When a government assumes ownership of a confiscated property
nationalization – Correct
Risk involved with regard to the sale of US strategic products and technology abroad
Export Controls – Correct
The Wassanaar Arrangement was entered into by 33 countries in order to control
the spread of military – Correct
In the US the counterpart of expropriation is called
Eminent Domain – Correct
Generally, international law is classified as
Public international law – Correct
Statement is true of sources of international law
Public international law uses rules that are binding – Correct
the international court of justice is also called the
World Court – Correct
True of the international court of justice
Only countries that have submitted to the Court’s jurisdiction may be parties – Correct
The international court of justice
hears cases of counties – Correct
Infractions of international law are most frequently settled by
Diplomacy – Correct
The Charter of the UN sets forth as its primary goal
Providing individual measures for the prevention and removal of threats to peace – Correct
The World Trade Organization was created as a result of the
Uruguay Round – Correct
the ___ encourages international trade by maintaining stable foreign exchange rates
International Monetary Fund – Correct
in 1994 the Uruguay Round
Equalization of import quotas – Correct
True of the Commission of the European Union
It consists of individuals – Correct
____ decides the nature and parameters of EU law
The Court of Justice – Correct
True of the Convention of the International Sale of Goods
It outlines standard international practices for the sale of goods – Correct
With respect to the sale goods, the following is true as per the CISG
Contracts for the sale of goods need not be in writing – Correct
Major institution of the European Union
The Council of Ministers – Correct
___ opened many opportunities for Costa Rica, El Salvador
Central America – Correct
Between US, Mexico, and Canada
North America – Correct
Transactions using ___ involve, in addition to a seller and buyer
An irrevocable letter of credit – Correct
When a buyer receives a receipt from a carrier stating that the goods ordered have been shipped
A bill of Lading – Correct
Contract can be adopted in case of a domestic firm granting a foreign firm the means to produce and sell its products
Franchise Contract – Correct
True of licensing arrangements
Licensing agreements must follow the local laws where they operate – Correct
Grimmy Fast Food
Franchise – Correct
A reason a firm may enter a licensing agreement
Licensing allows firms to enter a foreign market without direct foreign investments – Correct
True of foreign subsidiary
A foreign subsidiary allows the parent – Correct
In many cases, the only legal or political means a firm has to invest directly
A joint Venture – Correct
True of a joint venture
It takes place when a company invests – Correct
the ___ grants jurisdiction to the US federal district courts over “any civil action by an alien for a tort only”
Alien Tort Claims Act – Correct
Under the doctrine of sovereign immunity, the foreign sovereign claims to be immune from suit entirely based on
Its status as a state – Correct
The World Intellectual Property Organizations Arbitrations and Mediation Center hears cases involving
domain name and cybersquatting – Correct
The Foreign Sovereign Immunities Act codified which of the following
Foreign governments cannot be sues for most causes of action – Correct
The Foreign Sovereign Immunities Act ___
Rejects immunity for commercial acts carried on in the US – Correct
To sue a foreign firm in the US the plaintiff must
comply with the terms of the Hague – Correct
True concerning the arbitration of international disputes
Arbitration can be compelled – Correct