Chapter 8 Flashcards

1
Q

If an owner of intellectual property allows another to use that property, not all protection is forfeited.
True or false

A

true

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2
Q

Trademark dilution laws:

Multiple Choice

protect “distinctive” or “famous” marks from unauthorized uses even when confusion is not likely to occur.

are intended at protecting consumers rather than focusing on protecting the investment of trademark owners.

require the licensee to transfer any inventions it derives from the licensed technology to the licensor.

permit a company to quickly penetrate a foreign market without incurring the substantial financial and legal risks associated with direct investment.

A

protect “distinctive” or “famous” marks from unauthorized uses even when confusion is not likely to occur.

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3
Q

Under the principle of first in time equals first in right, priority ordinarily comes with earlier use of a mark in commerce.
true or false

A

true

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4
Q

A distinctive word, name, symbol or device used by a business to distinguish its goods from those of its competitors is known as a(n):

Multiple Choice

Trade secret

Copyright

Trademark

Patent

A

Trademark

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5
Q

Any incremental patent changes used by a business will not increase the time of protection awarded by a patent.
True or false

A

true

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6
Q

To obtain a copyright, the author must register the protected work with the appropriate government office.
true or false

A

false

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7
Q

The United States follows the “first to invent” rule with regards to patents.
true or false

A

false

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8
Q

A patent:

Multiple Choice

creates a permanent monopoly thereby discouraging the creation and utilization of new products and technologies.

includes articles or processes falling under the category of physical phenomena or abstract ideas.

grants its owner the exclusive right to make, use, or sell an invention or process for an indefinite period.

deprives competitors of the opportunity to use the invention without the patent holder’s consent.

A

deprives competitors of the opportunity to use the invention without the patent holder’s consent.

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9
Q

Which of the following never expires?

Multiple Choice

Copyright

Trade Secret

Patent

Trademark

A

Trade Secret

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10
Q

If a term is __________, courts treat it as distinctive and automatically qualify it for trademark protection.

Multiple Choice

arbitrary

generic

descriptive

nonspecific

A

arbitrary

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11
Q

Which of the following is an advantage of licensing?

Multiple Choice

It subjects both the licensor and the licensee to the terms and conditions of the International Commercial Code (ICC).

It permits quicker foreign market penetration than direct investment.

It allows the licensee to directly benefit by receiving royalty payments.

It maximizes the physical and financial presence of a business overseas.

A

It permits quicker foreign market penetration than direct investment.

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12
Q

Dan, an employee of ABC Company, endorses and recommends the products of ABC Company on its online website. Which of the following is true regarding Federal Trade Commission regulation, if any, of his activity?

Multiple Choice

Federal Trade Commission guidelines prohibit an employee from endorsing a product or service provided by the employee’s employer.

Federal Trade Commission guidelines require that people endorsing a product or service must disclose their affiliation with the producer or service provider.

Federal Trade Commission guidelines require that people get prior approval from the Commission prior to endorsing a producer or service provider.

There are no Federal Trade Commission guidelines addressing such activity.

A

Federal Trade Commission guidelines require that people endorsing a product or service must disclose their affiliation with the producer or service provider.

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13
Q

Which of the following creates a temporary monopoly to encourage the development of new technologies?

Multiple Choice

Trade Secret

Patent

Trademark

Copyright

A

Patent

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14
Q

Which of the following protects against the unauthorized reproduction of creative works such as books, plays, musical compositions and films?

Multiple Choice

Copyrights

Service marks

Trademarks

Patents

A

Copyrights

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15
Q

A trademark is eligible for registration in the absence of prior commercial use.
true or false

A

false

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16
Q

Which of the following is true regarding the misappropriation of a trade secret?

Multiple Choice

When a misappropriation occurs, the owner is generally entitled to exemplary damages and, in cases of willful misappropriations, nominal damages.

When a misappropriation occurs, the owner is generally entitled to compensatory damages and, in cases of willful misappropriations, punitive damages.

When a misappropriation occurs, the owner is generally entitled to nominal damages and, in cases of willful misappropriations, exemplary damages.

When a misappropriation occurs, the owner is generally entitled to punitive damages and, in cases of willful misappropriations, compensatory damages.

A

When a misappropriation occurs, the owner is generally entitled to compensatory damages and, in cases of willful misappropriations, punitive damages.

17
Q

If the trademark becomes used as a generic term by the public, a business may still keep its trademark protection.
true or false

A

false

18
Q

Which of the following are the four basic types of intellectual property?

Generic terms, trademarks, copyrights, and trade secrets

Patents, trademarks, copyrights, and public domain interests

Generic terms, patents, trade secrets, and public domain interests

Patents, trademarks, copyrights, and trade secrets

A

Patents, trademarks, copyrights, and trade secrets

19
Q

A patent holder’s rights over a patented product generally ends when it is sold to a lawful purchaser under the:

Multiple Choice

Economic Use Doctrine

Reasonable Use Doctrine

Patent Exhaustion Doctrine

Fair Use Doctrine

A

Patent Exhaustion Doctrine

20
Q

Businesses generally agree that the key to successful collaboration in a global licensing agreement is the development of trust between the licensor and licensee.
true or false

A

true