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Law
Q:
Sometimes, Article 2 of the UCC holds merchants to standards different from the standards it applies to nonmerchants.
Q:
Pratt, owner of an appliance store, has a garage sale at his home where he sells old furniture and books. He sells a set of books to his neighbor, Stacey. Pratt is considered a merchant under Article 2 of the UCC in selling the books to Stacey.
Q:
Article 2 of the UCC never applies to mixed goods-services contracts; instead, it treats them as pure service contracts.
Q:
The UCC imposes a duty of good faith on the performance and enforcement of every contract it covers.
Q:
CISG applies only to sale of goods and commercial parties.
Q:
A voidable contract creates no obligation and is not enforceable by any party.
Q:
If no Code rule applies to an issue regarding a sale of goods contract, the common law rules apply.
Q:
The Uniform Commercial Code sufficiently addresses the concerns that parties have when contracts are made to create or distribute information.
Q:
Not every promise is legal enforceable.
Q:
When contracting, one party is entering into an agreement with the federal government to enforce behavior on another party.
Q:
Ms. White hired Mr. Blue to steal from Ms. Yellow. Ms. White is upset with how everything turned out and wants to sue Mr. Blue for breach of contract. But the court will refuse to recognize the contract and subsequently a breach of it because it is a contract for an illegal activity.
Q:
Abby promises to pay Brian $50 if he mows her lawn. Brian does not promise to mow Abby's lawn; however, later that day, Brian completely and satisfactorily does mow Abby's lawn. This is an example of a unilateral contract.
Q:
The mutual agreement necessary to create an express contract is evidenced by writing.
Q:
Alan and Ben have a contract. Alan has performed 100 percent and Ben has performed 50 percent of it. This contract is now executory.
Q:
The essence of a contract is that it is a legally enforceable promise or set of promises.
Q:
Contracts must always be in writing to be enforceable.
Q:
Generally, the terms of a standardized contract are negotiable.
Q:
Discuss one criticism of the first-to-file policy.
Q:
In a case of intentional interference, a defendant generally escapes liability when his contract interference:
A. was guided by public interest.
B. was defamatory in nature.
C. was regarding prospective competitive advantage.
D. was guided by a void bargain.
Q:
Which of the following characterizes section 43 (a) of the Lanham Act?
A. It is a consumer remedy.
B. It addresses everything except advertisements.
C. It is available only to commercial parties.
D. It creates a state law of unfair practices.
Q:
What is the first-to-invent rule?
Q:
What is patent infringement?
Q:
In case of conflict of ownership between employee and employer over a trade secret, the employer is normally held to be the owner when:
A. the employee agreed to divulge or use trade secrets.
B. other employees had no contribution in the work.
C. the employee was hired to do work related to it.
D. the employee was not given adequate compensation for the work.
Q:
Which of the following is also termed slander of title or a trade libel?
A. Defamation
B. Injurious falsehood
D. Plagiarism
Injurious falsehood also goes by names such as product disparagement, slander of title, and trade libel. This tort involves the publication of false statements that disparage another's business, property, or title to property, and thus harm her economic interests.
Q:
The _____ that the plaintiff is required to prove are his usualand typically his onlyremedy in injurious falsehood cases.
A. special damages
B. statutory damages
C. compensatory damages
D. punitive damages
Q:
Which of the following is true of an injurious falsehood case?
A. It is the same as a tort of defamation.
B. The degree of fault required for liability is unclear.
C. Damages for emotional distress are not recoverable.
D. There is liability for false statements made in good faith.
Q:
In a lawsuit for intentional interference with contractual relations, the existing contract includes:
A. void bargains
B. illegal contracts
C. contracts to marry
D. unenforceable contracts
Q:
In order to qualify as a trade secret, it must:
A. be developed through research.
B. be known to the general public.
C. be the work of a company.
D. possess sufficient value or originality.
Q:
A firm claiming a trade secret must show that it:
A. took measures to ensure secrecy.
B. gave adequate compensation for the work.
C. has a license to produce the product.
D. has enough research to back the product.
Q:
Susan was hired by Teddy & Co. as a sales woman. However, the management on seeing her intelligence and capabilities allowed her to use the office library and research facility to create an inventive product. Susan now wants to patent the product in her own name. This is not permissible under the:
A. doctrine of equivalents.
B. respondeat superior doctrine.
C. shop right doctrine.
D. doctrine of assignment.
Q:
What is the main aim of commercial torts?
A. To enable product creation for commercial purposes
B. To provide immunity in cases of fraud
C. To maintain standards of commercial morality
D. To ensure smoother commercial negotiations
Q:
Which of the following sometimes serves as an alternative to claims of trademark infringement?
A. Trademark abandonment
B. Trademark dilution
C. Trademark protection
D. Trademark disparagement
Q:
Which of the following permits a firm to register a trademark in all its signatory nations simultaneously by filing an application for registration in any signatory nation and was joined by the United States in 2003?
A. The Berne Convention
B. The Paris Convention for the Protection of Industrial Property
C. The Madrid Protocol
D. The Kyoto Protocol
Q:
A trade secret differs from a patent, in that, a trade secret:
A. grants a monopoly to the creator.
B. stimulates creative activity.
C. is guarded by the creator.
D. is nonpublic by definition.
Q:
A trademark owner who wins an infringement suit may obtain a(n) _____ against uses of the mark that are likely to cause confusion.
A. license
B. assignment
C. injunction
D. writ
Q:
Which of the following characterizes the transfer of trademark rights?
A. It is much easier than transferring patent interests.
B. They may only be assigned to another person.
C. They cannot be sold unless it involves a sale of goods.
D. An uncontrolled license is generally not advised.
Q:
A. counterfeit goods
B. Shanzai goods
C. black market goods
D. gray market goods
Q:
Most of the court's attention in trademark infringement cases is concerned with the:
A. dispute over profits made by the defendants.
B. likelihood of confusion over the trademark.
C. time period of the trademark rights.
D. generic nature of the disputed trademark.
Q:
A trademark is considered to be abandoned when:
A. the owner fails to use it.
B. it acquires a generic meaning.
C. it has been obtained by fraud.
D. it is suggestive or arbitrary.
Q:
A. Article I 8
B. Article I 15
C. Article 2 5
D. Article 3 1
Q:
A. A business owner attempting to make money off the materials
B. A news organization transmitting information to the public
C. A consumer attempting to avoid paying for the materials
D. An author who copies the materials to make money without permission
Q:
Which type of marks is most likely to be registered for trademark protection?
A. Suggestive
B. Arbitrary
C. Descriptive
D. Generic
Q:
Which of the following characterizes a trademark?
A. It includes generic terms.
B. It is easier to transfer trademark rights compared to patent rights.
C. Federal registration of a trademark lasts for 10 years.
D. Descriptive marks are protected on the basis of their primary meaning.
Q:
Which of the following kinds of marks are denied placement on the Principal Register?
A. Those which are geographically descriptive
B. Those containing fanciful names
C. Those consisting of surnames
D. Those consisting of government insignia
Q:
A. Oral transfers are valid and recognized.
B. Ownership can be retained while licensing part of the work.
C. It leads to a transfer of ownership for that period of time.
D. It allows everything except the performance of the work.
Q:
A. Only the owner's actual damages
B. Only the attributable profits by the infringer
C. Owner's actual damages and the attributable profits of the infringer
D. Punitive damages
Q:
A. Punitive damages
B. Liquidated damages
C. Special damages
D. Statutory damages
Q:
Any word, name, symbol, device, or combination thereof used by a manufacturer or seller to identify its products and distinguish them from the products of competitors is called a:
trademark.
C. signature.
D. patent.
A trademark is a symbol, name, or device used by a company to distinguish their products from others in the market.
Q:
B. He must produce a certificate that he is the original author.
He must put the novel in some tangible form, like a hard copy or a compact disc.
D. He must certify that his story is original and novel.
Q:
According to the CTEA, the protection period for pre-1978 works is:
A. 50 years.
B. 65 years.
C. 75 years.
D. 95 years.
Q:
A. The physical arrangement and ordering of pieces of factual information on pages in a reference book.
B. The melody of a song.
C. The dialogue spoken by actors in a TV commercial.
D. The theme of a short story.
Q:
A. Organization
B. Structure
C. Source code
D. Presentation of information
Q:
A. creation and fixing of a protected work.
B. creation of an idea.
C. creation of a protected work.
D. creation of a message.
Q:
How can a patentee transfer ownership of the patent to another party?
A. Specification
B. Assignment
C. Delegation
D. Infringement
Q:
How long is the legal temporary monopoly that present patent laws provide to the inventor after the filing of the patent application?
A. Ten years
B. Seventeen years
C. Twenty years
D. The lifetime of the inventor.
Q:
Patent _____ occurs when a defendant, without authorization from the patentee, usurps the patentee's rights by making, using, or selling the patented invention.
A. assignment
B. licensing
C. infringement
D. violation
Q:
What allows a defendant to be held liable for infringement even though the subject matter he used contained elements that were not identical to those described in the patentee's claims of invention, but nonetheless, may be seen as equivalent to those of the patented invention?
A. Literal infringement
B. Double jeopardy clause
C. Strict liability
D. Doctrine of equivalents
Q:
The damages recoverable in a patent infringement case cannot be less than:
A. court costs and interests.
B. reasonable royalty for the invention by the creator.
C. reasonable royalty for the use of the invention by the infringer.
D. three times the damages actually suffered, and to be decided by the court.
Q:
Which of the following is true of patents?
A. Patents fall under the jurisdiction of state laws.
B. Naturally occurring things are patentable.
C. Abstract ideas are not patentable.
D. U.S. patent laws have changed since the mid-1990s.
Q:
The patent application must include a(n) _____ describing the invention with sufficient detail and clarity to enable a person skilled in the relevant field to make and use the invention.
A. specification
B. drawing
C. proposal
D. idea
Q:
Under the Restatement's fault requirement for injurious falsehood cases, the plaintiff must prove that the defendant possessed ill will or spite motives toward the plaintiff.
FALSE
Q:
There is usually no liability of injurious falsehood for false statements that are made negligently and in good faith.
TRUE
Defendants are protected from defamation laws in certain cases, such as, false statements made in good faith.
Q:
Although the Lanham Act is the federal trademark statute, Section 43(A) of the statute may be invoked in various situations that do not involve trademark rights.
TRUE
Section 43(a) of the Lanham Act creates civil liability for a wide range of false, misleading, confusing, or deceptive representations made in connection with goods or services, apart from problems related to trademark rights.
Q:
A patent can be viewed as a contract between the inventor and who?
A. The federal government
B. The state government
C. The consumer
D. The International Office of Intellectual Property
Q:
The World Intellectual Property Organization is a leading provider of conciliation for bad faith action.
Q:
Customer lists are not patentable but may be subject to trade secret protection.
Q:
A trademark is any word or symbol used by a seller to identify its products from the competition.
Q:
Trademark protection in the United States is for 30 years.
Q:
A patent can be transferred through an assignment to another party.
Q:
Patent infringement may occur even if the defendant's use did not involve a literal reproduction of the patented item.
Q:
One may also challenge a patent's validity without first being sued for infringement by filing a declaratory judgment action that seeks a court ruling of invalidity.
Q:
CW, Inc. publishes Consumer Watchdog, a magazine whose articles consist of the writers' personal experiences with and reactions to a variety of products. In the June 1997 issue of Consumer Watchdog, a review included this statement: "Fungus Co.'s Fungo' brand athlete's foot powder doesn't cut the mustard in comparison to most athlete's foot powders on the market--and I've tried them all, sports fans. Fungo fails to attack athlete's foot with enough force because the product doesn't contain AF88, the active ingredient in any decent athlete's foot powder." In fact, Fungo contains as much AF88 as any other athlete's foot powder on the market. Fungus Co. has filed suit against Nex and CW on the theory that the above statements violated section 43(a) of the Lanham Act. On these facts, should Fungus win the section 43(a) case? Why or why not?
Q:
United States has adopted a "first-to-file" approach to patent law.
Q:
Even though no one else had developed an invention like that of the patent applicant, the application will be denied if, at the time of the invention, the invention would have been obvious to a person having ordinary skills in the area.
Q:
Patent law is always an area of exclusive federal jurisdiction.
Q:
A patent granted on September 2, 1997 will be valid for 17 years from that date unless the patent was for an ornamental design.
Q:
Strict liability makes people liable irrespective of their fault. What can justify this? That is, what is the standard rationale for strict liability?
Q:
What are the strategies followed by the tort reform movement?
Q:
Why are noncompetition agreements disfavored by the law?
Q:
State X has a law requiring that all cars have a functioning muffler. The law's sole purpose is to protect all the state's citizens against noise pollution. Donna violates the law when her muffler falls off her car while she is driving on a busy freeway. Pete, a citizen of State X, suffers damage to his car when it is damaged after colliding with the muffler. Pete sues Donna under negligence per se. Will he recover? Why or why not?