Exam 11: Intellectual Property

A) novation
B) nonobviousness
C) preemption
D) utility
E) tarnishment

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The Lanham Act protects the following ma...

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For copyright protection to occur, (1)th...

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A trade secret is any form of knowledge ...

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A) copyright
B) patent
C) certification mark
D) trademark
E) novelty

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Secondary meaning refers to a public mea...

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A) certification mark
B) product mark
C) service mark
D) collective mark
E) secondary mark

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A) A trademark is a form of legal and civil property.
B) One can have rights in a trademark only if he or she has registered it.
C) If a trademark is unregistered, it is open for public use.
D) A trademark is firmly associated with an inventive act and excludes others from making, using, or selling the invention.
E) Owners can sue for infringement and claim rights on a trademark even if they have not registered it.

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A) The statutory period protecting the trademark has expired.
B) There is a good chance of the public being confused.
C) The use is a "fair use."
D) The mark is distinctive.
E) The mark or symbol is considerably different.

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An injunction is an order by a judge eit...

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A) the distinctiveness of the copyright
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 royalties awarded to the inventor before using the copyright since copyright laws protect inventors
E) the degree of damage caused

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A) service marks
B) certification marks
C) collective marks
D) patents
E) brand marks

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A) A first step involved in protection of trade secrets deals with preservation of secrecy through computer systems.
B) Establishment of the existence of trade secrets is a critical step in the control of valuable knowledge resources.
C) Two or more trade secrets must be unique.
D) Trade secrets lose property in knowledge-based resources when they come into contact with suppliers, customers, repair technicians, or even visitors.
E) Reasonable measures in the preservation of trade secrets exclude physically locking away written material.

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A) It protects a mark used by someone other than the owner to certify the quality, point of origin, or other characteristics of goods or services.
B) It provides a remedy of statutory damages and transfer of a famous trademark domain name to its owner if it was registered in "bad faith."
C) It prevents circumvention of technological access protections for such digital products such as computer software and compact disks.
D) It prohibits household consumers from using a mark the same as or similar to another's "famous" trademark so as to dilute its significance, reputation, and goodwill.
E) It specifies that a fair use of copyrighted materials is not an infringement of the owner's property.

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