Trade Patent & Intellectual Property – Business Law

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


is an order by a judge either to do something or to refrain from doing something.

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

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