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Q:
Some companies choose not to patent certain inventions. Other than pure altruism, why might a company intentionally forgo a patent?
Q:
What does it mean for a trademark to become generic? Give some examples of trademarks that have become generic.
Q:
Under what circumstances will the PTO deny registration of a trademark?
Q:
Discuss "fair use" with regard to trademarks and copyrights.
Q:
What is a trade secret and what must a company do to have enforceable rights to protect a trade secret?
Q:
What has the Coca-Cola Co. instructed employees at soda fountains to do when a customer asks for a "Coke" and why?
Q:
Your school's seal and logo are examples of what type of intellectual property?A.Service marks.B.Certification marks.C.Collective marks.D.Patents.
Q:
When a patent expires, the invention is said to be in the ________, and others may use it without limitation.
A.Open use universe.
B.Communal realm.
C.Collective sphere.
D.Public domain.
Q:
Which of the following is an incorrect statement regarding copyrights?
A.To obtain a copyright the work must be original.
B.The work must show some sort of creativity.
C.The work must be fixed in a tangible medium.
D.The work may be fixed in a tangible medium or may be an intangible original idea.
Q:
The fair use of a registered trademark defense was established in the:
A.Lanham Act.
B.Federal Trademark Dilution Act.
C.Economic Espionage Act.
D.U.S. Constitution.
Q:
For a name to be trademarked:
A.It must be listed on the principal register for five years without being challenged.
B.It must be listed on the secondary register for five years and have acquired a secondary meaning.
C.Names may be trademarked without restrictions other than no penalties may be assessed against anyone born with the same name.
D.The PTO will not accept names for trademark protection.
Q:
In determining whether a particular use is a fair one, a court will consider each of the following except:
A.The purpose and character of the use.
B.The amount of profit expected by the user claiming the fair use.
C.The amount and substantiality of the portion used in relation to the copyrighted work as a whole.
D.The nature of the copyrighted work.
Q:
The payment of a fee in connection with permission to use protected copyrighted works is called a/an:
A.Royalty.
B.Permission.
C.Authorization.
D.Reparation.
Q:
When you purchase an item from Victoria's Secret, they place the item in a paper bag with handles that features horizontal pink and white stripes. Even without seeing the words Victoria's Secret on the bag, many people recognize that the purchase is from Victoria's Secret. The bag's coloring and design is considered:
A.Trade dress.
B.A certification mark.
C.A collective mark.
D.A service mark.
Q:
Which of the following is actually intended to be used by someone other than the owner?
A.Certification marks.
B.Collective marks.
C.Service marks.
D.Trademarks.
Q:
Proving that a patent is invalid because it was in commercial use at least one year before the patent was taken out requires that the defendant prove their case:
A.With a preponderance of the evidence.
B.Beyond a reasonable doubt.
C.Beyond a preponderance of the evidence.
D.By clear and convincing evidence.
Q:
The "one year rule" applies to:
A.Trademarks.
B.Patents.
C.Copyrights.
D.Trade secrets.
Q:
Which is the only entity that can finally determine patent validity?
A.The courts.
B.Congress.
C.The Federal Trade Commission.
D.The Patent and Trademark Office.
Q:
The first American president to patent an invention was:
A.George Washington.
B.Abraham Lincoln.
C.Teddy Roosevelt.
D.Thomas Jefferson.
Q:
A patent application must, in words or drawings, address each of the following except:
A.It must explain how to make and use the invention.
B.It must show why it is different from all previous and related inventions or state of art.
C.It must show a reasonable business plan for construction and sale or distribution of the invention.
D.It must precisely describe what aspects of the invention deserve the patent.
Q:
Penalties for stealing trade secrets may be up to a ________ fine for organizations.
A.$5 million.
B.$10 million.
C.$15 million.
D.$20 million.
Q:
The Berne Convention addressed international agreements in the area of:
A.Patents.
B.Copyrights.
C.Trademarks.
D.Trade secrets.
Q:
The Copyright Act of 1976 established, for individual authors, a copyright that runs:
A.For the authors life plus 20 years.
B.For the authors life plus 50 years.
C.For the authors life plus 70 years.
D.Forever.
Q:
In Mosley v. Secret Catalogue, Inc., Victoria's Secret sued Victor and Cathy Mosley for opening a store named Victor's Secret (later changed to Victor's Little Secret) claiming public confusion regarding the their trademark. Analyzing the requirements to prove trademark infringement and dilution, the court said that:
A.Because there was a likelihood of harm due to the similar names and similar product lines, Victoria's Secret was entitled to an injunction.
B.Because Victor's Little Secret was a small boutique located in Elizabethtown Kentucky and Victoria's Secret is a nationwide company, it is impossible for Victor's Little Secret to harm Victoria's Secret's business or trademark.
C.Victoria's Secret must prove an actual loss of sales or profits attributable to the trademark infringement to prevail.
D.Victoria's Secret must prove an actual dilution of the distinctive quality of their trademark to prevail.
Q:
Which of the following is not a defense to a charge of trademark infringement?
A.The statutory period protecting the trademark has expired.
B.There is little chance of the public's being confused.
C.The use is a "fair use".
D.The mark is not distinctive.
Q:
A ________ 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.
A.Primary meaning.
B.Secondary meaning.
C.Trade meaning.
D.Principal meaning.
Q:
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.
A.Official Gazette.
B.Federal Register.
C.Legal section of major newspapers throughout the country.
D.Congressional Record.
Q:
In Campbell v. Acuff-Rose Music, Inc., 2 Live Crew's use of Roy Orbison's song "Oh, Pretty Women," was alleged to be a ________ and therefore a fair use exception to the copyright protection.
A.Issue of public use.
B.Commonality.
C.Generic phrase.
D.Parody.
Q:
Congratulations! Your school has just been accredited by the United Federation of Planets Academy of Business and Managements Schools. Your school is provided with an icon to put on its home page saying "Member of UFPABMS". This icon is a:
A.Collective mark.
B.Promotion mark.
C.Trademark.
D.Brand mark.
Q:
The Anti-Cybersquatting Consumer Protection Act of 1999 provides damages and a transfer of the ________ trademark domain name to its owner if it was registered in "bad faith".
A.Fair use.
B.Famous.
C.Copyright.
D.Title.
Q:
In Incase Inc. v. Timex Corp., the court found:
A.Incase's design was not new and useful so no trade was found.
B.Incase could not claim a trade secret on a design.
C.Incase didn't tell Timex that their design was a trade secret so they were afforded no protection.
D.Incase hadn't registered their trade secret so they were afforded no protection.
Q:
What is a colored design or shape associated with a product or service called?
A.Patent.
B.Trade dress.
C.Copyright.
D.Trademark.
Q:
Which is not an allowable "fair use" of material?
A.Teaching.
B.Research.
C.Profits.
D.Reporting.
Q:
A copyright protects:
A.Inventors.
B.Authors.
C.Merchants.
D.Builders.
Q:
Trademarks lost to general use include all of the following except:
A.Coca-Cola.
B.Thermos.
C.Aspirin.
D.Escalator.
Q:
Unauthorized use of a registered trademark is known as:
A.False advertising.
B.Infringement.
C.Denigration.
D.Depreciation.
Q:
The law of trademarks covers:
A.Trademarks.
B.Service marks.
C.Certification marks.
D.All the above.
Q:
The Nike emblem that looks like a check mark is an example of what type of intellectual property?
A.Copyright.
B.Patent.
C.Certification mark.
D.Trademark.
Q:
Utility patents are valid for:
A.14 years.
B.17 years.
C.20 years.
D.21 years.
Q:
Which of the following are not patentable?
A.Processes.
B.Machines.
C.Mathematical formulas.
D.Compositions of matter.
Q:
Possible civil remedies for violation of the Digital Millennium Copyright Act can include:
A.Consequential damages.
B.Actual and punitive damages.
C.Actual damages and injunction.
D.Double actual damages.
Q:
According to the Institute for Policy Innovation:
A.File sharing theft has had little impact on the recording industry.
B.File sharing theft has cost the recording industry close to $1 billion dollars annually.
C.File sharing theft has cost the recording industry approximately 373,000 job losses.
D.File sharing theft has had a major impact on the recording industry in the past but is now under control due to new laws being enforced.
Q:
Penalties for stealing trade secrets may be up to ________ years imprisonment for individuals.
A.Five.
B.Ten.
C.Fifteen.
D.Twenty.
Q:
Design patents are valid for:
A.14 years.
B.17 years.
C.20 years.
D.21 years.
Q:
Which of the following would not be considered an intangible knowledge based business asset?
A.Software.
B.A company's marketing plan.
C.Employee skills and talents.
D.Company owned computers.
Q:
In J.E.M. Ag Supply, Inc. v. Pioneer Hi-bred International, Inc., the court examined the issue of whether living organisms could be patented. They determined that:
A.Living organisms cannot be patented until or unless specifically authorized by Congress through amendment of the general patent law.
B.Congress has never reacted to or complained about the Chakrabarty decision permitting utility patents regarding plants.
C.Only sexually reproduced plants should be afforded utility patent protection formation.
D.Only asexually reproduced plants should be afforded utility patent protection formation.
Q:
Trade secrets can be enforced using the Economic Espionage Act.
Q:
The Federal Trademark Dilution Act prohibits the use of a mark that is the same or similar to a "famous" trademark only when the owner of the senior "famous" mark can prove public confusion regarding the two marks.
Q:
The U.S. Patent and Trademark Office receives approximately 1,200 patent applications a day.
Q:
There are civil penalties for stealing trade secrets but no criminal penalties at the current time.
Q:
The Digital Millennium Copyright Act makes illegal the effort to get around devices used by copyright owners to keep their works from being infringed.
Q:
Penalties under the DMCA are civil in nature with no criminal sanctions available.
Q:
The alphabetic arrangement of names in a telephone directory's white pages does not meet the necessary criteria to warrant a copyright.
Q:
The concept of fair use applies to the noninfringing use of a patented object.
Q:
The courts can declare a trademark invalid even if the U.S. Patent and Trademark Office has accepted registration.
Q:
Monster.com is an example of a collective mark.
Q:
Angela creates a car that flies. She will need to obtain a copyright on this invention.
Q:
The second amendment to the Constitution grants the power to Congress to enact intellectual property law.
Q:
For all but the largest of developers, the marketing and leasing of the project will be through an external broker. Given their special knowledge of the target market, it would be most beneficial for the developer to bring the broker into the development process during which of the following stages?A. DesignB. FinancingC. ConstructionD. Operation
Q:
The second stage of the development process requires an analysis of the project's feasibility. The developer will typically begin this stage of the development process with which of the following types of analysis?
A. Financial feasibility
B. Environmental feasibility
C. Legal feasibility
D. Political feasibility
Q:
To claim a trade secret, the knowledge protected must have economic value.
Q:
Based on your understanding of the relation between risk and the phases of an income producing property's life, which phase would you expect to entail the highest risk?
A. Development and construction phase
B. Lease-up stage
C. Stable operation phase
D. All three stages of a property's life have similar and equal risk
Q:
If Ginger uses AOL to access a file sharing website and illegally downloads copyrighted music, the ISP AOL can be held liable for Ginger's actions.
Q:
In considering the main components of a construction budget, which costs would be expected to constitute the largest portion of a development project's expense?
A. Land costs
B. Hard construction costs
C. Soft construction costs
D. Marketing costs
Q:
Employers can only enforce a covenant not to compete if they can show a valid business purpose for doing so.
Q:
A patent is a legal monopoly in the tangible resource of copying and marketing a new invention.
Q:
After construction has been completed, a developer may decide to seek additional financing. If current interest rates are relatively high, but the developer expects them to decline in the near future, the developer would most likely seek financing in the form of a:
A. subordination agreement
B. miniperm loan
C. take-out commitment loan
D. floor loan
Q:
The Uniform Trade Secrets Act, defining and protecting trade secrets has been adopted by all 50 states.
Q:
Suppose that a development group would like to determine if the local zoning and land-use ordinances will permit the type of development they desire. However, they do not want to be obligated to purchase the property if they find that their proposed development will not be permitted. To gain control of the site without being obligated to perform, the development group should purchase which of the following?
A. Ground lease
B. Option
C. Fast-track
D. Floor loan
Q:
To protect knowledge or information as a trade secret, the business must prove that it took special and extraordinary measures to keep that knowledge and information secret.
Q:
Suppose that a developer pre-leases space to a financially strong, national tenant such as Home Depot, without having yet built the structure in which they will be leasing space. This is more commonly referred to as a:
A. ground lease
B. build-to-suit
C. design-build
D. contract for deed
Q:
With a multitude of players involved in the development process, it is important to understand where they participate within the various stages of development. Which of the following individuals is the least likely to be involved in the design stage of development?
A. General contractor
B. Landscape architect
C. Civil engineer
D. Land planner
Q:
If the protection of intellectual property rights did not exist, the pace of research and development (R&D) in business would likely be enhanced.
Q:
With a site under control, the developer will begin to evaluate the feasibility of the project. The main tool that a developer will use in determining the financial feasibility of a project is:
A. Net present value (NPV) analysis
B. Cost approach to valuation
C. Repeat-sales approach
D. Direct capitalization
Q:
Intellectual property (IP) is a relatively new concept first recognized in the 20th century.
Q:
While uncertainties involving the multitude of players and stages in the development process provide a great deal of risk, market cycles tend to compound these risks. Out of the four phases of a market cycle, which would be the most desirable point for a developer to enter the market?
A. Trough
B. Expansion
C. Peak
D. Decline
Q:
At common law, what three defenses were available to the employer so that he could escape tort liability for injuries to his employee?
Q:
In more complex development projects, a developer may choose to combine the roles of the architect and general contractor into one in order to mitigate design-cost conflicts that otherwise must be negotiated when plans are revised. This arrangement is more commonly referred to as a:
A. build-to-suit
B. subordination agreement
C. design-build
D. fast-track
Q:
Name and explain the two affirmative defenses to a negligence claim.
Q:
Even the smallest building project involves a multitude of separate contractors to complete construction. Therefore, it becomes difficult for the developer to monitor the construction process. Which of the following individuals serves as the developer's liaison and representative on the project site?
A. General contractor
B. Construction manager
C. Land planner
D. Subcontractor