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Exam 12: Intellectual Property

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Question 21

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Regarding Maura's claim pertaining to damages,which statement is accurate?

A) It is not necessary that a copyrighted work be registered in order for the creator to obtain damages.
B) It is necessary for a photograph to be registered before the creator may obtain damages,but that is not true for other materials subject to copyright.
C) She is correct that damages are unavailable in copyright infringement actions.
D) Damages are available,but a copyrighted work must be registered in order for the creator to recover damages from infringement.
E) Some material that is subject to copyright must be registered before its creator may recover damages for infringement,but that is not true for photographs.

F) C) and D)
G) A) and B)

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Question 22

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Which of the following is true regarding what may be the subject of a patent?

A) Only products may be the subject of patents.
B) A product,a process,an invention,or a plant produced by asexual reproduction may be the subject of a patent.
C) Only processes may be the subject of patents.
D) Only inventions may be the subject of patents.
E) An invention may be the subject of a patent,but a plant produced by asexual reproduction may not be the subject of a patent.

F) B) and E)
G) B) and C)

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Question 23

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Which of the following correctly lists the categories that a mark may fall into in order of ascending strength weakest to strongest) ?

Copyrights protect the expression of creative ideas.

When a patent is issued for an object,it gives its holder the exclusive right to produce,sell,and use the object of the patent for ________ years from the date of application.

Evidence of actual confusion is a prerequisite for the plaintiff to recover in a trademark infringement action,as in the case of Toys "R" Us,Inc. ,v.Canarsie Kiddie Shop,Inc

Which of the following is a mark licensed by a group that has established certain criteria for use of the mark,such as "U.L.Tested" or "Good housekeeping Seal of Approval"?

[Scuba Diving] Felicia invented a new type of mask that was not subject to fogging for scuba divers and obtained a patent on it.She agrees to allow Mei to manufacture and sell the mask.She receives a sum of money for every mask that Mei sells.Felicia also entered into an agreement with Evan to allow him to sell the masks,but only if he also purchased non-patented diving suits from Felicia.All parties proceeded to do very well with their sales. -Felicia's agreement with Mei allowing Mei to sell the mask is referred to as which of following?

Which of the following is a principle of The Paris Convention of 1883?

A mark that requires imagination,thought,and perception to reach a conclusion as to the nature of the goods is known as which kind of mark?

Saya believes the reexamination request is a good strategy because it will slow down the litigation against her.Is she correct?

Assuming a trademark was initially registered after 1990,how often must the trademark be renewed after the initial renewal?

Which of the following is a mark affixed to a good,its packaging,or its labeling?

The organization responsible for registering domain names on the Internet is Network Solutions,Inc. ,which is funded by the National Science Foundation.

What four criteria must be satisfied in order to obtain a patent on a product,process,invention,or machine?

How are people and businesses located on the web?

Which of the following was the result in the case in the text in which the record industry sued Napster,a peer-to-peer file-sharing network,to stop the exchange of digital music files?

Trade dress is entitled to the same protection as a trademark.

The address of a business website ends with ________.

Ximena,who runs a successful real estate agency,ran across a very interesting pamphlet on customer relations.The pamphlet was fifty pages long and cost $70.00.Ximena thought the price was outrageous.Accordingly,she bought one copy and photocopied the pages that she thought were pertinent and gave them to her employees.She copied forty of the pages out of the pamphlet for each of twenty employees.A disgruntled employee informed the pamphlet's publisher what Ximena had done,and she was charged with copyright infringement.Ximena defended on the basis of the fair use doctrine.Discuss the four factors a court would consider in determining whether a violation occurred and whether you think Ximena would prevail.