Legal Environment of Business 13th Edition Meiners Test Bank

Legal Environment of Business 13th
Edition Meiners Test Bank

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Ch09 Intellectual Property
TRUEFALSE
1. Intellectual property must show some evidence of labor having been provided to create it for
protection to be granted.
(A) True
(B) False
Answer : (B)
2. Copyrights, trademarks and trade names are examples of intellectual property.
(A) True
(B) False
Answer : (A)
3. Intellectual property is also called intangible property.
(A) True
(B) False
Answer : (A)
4. Intellectual property is also called tangible property.
(A) True
(B) False
Answer : (B)
5. Intellectual property must be convertible to "practical use."
(A) True
(B) False
Answer : (B)
6. Intellectual property must "show evidence of original effort."
(A) True
(B) False
Answer : (B)
7. About 20,000 patents are issued annually.
(A) True
(B) False
Answer : (B)
8. About 200,000 patents are issued annually; half go to Americans.
(A) True
(B) False
Answer : (A)
9. More than a half-million copyrights are issued annually.
(A) True
(B) False
Answer : (A)
10. About half of all copyrights are issued for music.
(A) True
(B) False
Answer : (A)
11. Intellectual property includes patents and copyrights.
(A) True
(B) False
Answer : (A)
12. Wrongful use of intellectual property may produce a suit in tort for infringement.
(A) True
(B) False
Answer : (A)
13. Wrongful use of intellectual property usually results in a tort suit for conversion.
(A) True
(B) False
Answer : (B)
14. Intellectual property violations must be taken to the U.S. Attorney for prosecution.
(A) True
(B) False
Answer : (B)
15. The Lanham Act helps provide trademark protection.
(A) True
(B) False
Answer : (A)
16. The Trademark Protection Act of 1963 established modern trademark law.
(A) True
(B) False
Answer : (B)
17. The Lanham Act essentially made common law trademark protection a part of federal law.
(A) True
(B) False
Answer : (A)
18. Traditionally, trademark protection was created by priority of use.
(A) True
(B) False
Answer : (A)
19. Trademarks are due absolute protection under federal law, even if not used in commerce, once
they are registered.
(A) True
(B) False
Answer : (B)
20. If a trademark is registered with the Trademark Office, a dispute may be tried in federal court.
(A) True
(B) False
Answer : (A)
21. Registration of a trademark helps in the process of obtaining protection in other countries.
(A) True
(B) False
Answer : (A)
22. If a trademark is registered, it is easier to get help from the Customs Service in fighting
imported counterfeits.
(A) True
(B) False
Answer : (A)
23. To register a trademark you have to pay a fee and submit a copy of the mark, along with a
description of the goods that will use the mark.
(A) True
(B) False
Answer : (A)
24. Trademarks must be registered physically, not over the Internet.
(A) True
(B) False
Answer : (B)
25. If you register a trademark under the Lanham Act, the registration of the mark will last for
twenty years, and then registration may be renewed.
(A) True
(B) False
Answer : (B)
26. Trademark registration is good for ten years at which point it must be renewed.
(A) True
(B) False
Answer : (A)
27. Once issued by the Trademark Office, trademarks are registered forever.
(A) True
(B) False
Answer : (B)
28. If the holder of a trademark does not put a notice of the registration, such as ® or TM, by the
mark, it loses protection since there is no notice.
(A) True
(B) False
Answer : (B)
29. Once a word is registered as a trademark, it may not be used in commerce for any other good.
(A) True
(B) False
Answer : (B)
30. You discover that the word "wheelbarrow" has not been registered as a trademark. You can
register the word as your trademark so long as you are a producer of wheelbarrows and apply it to
that product.
(A) True
(B) False
Answer : (B)
31. Anything not already registered may be used as a trademark, including a list of words that
describe the product or its uses.
(A) True
(B) False
Answer : (B)
32. Suggestive trademarks receive the highest level of legal protection for marks.
(A) True
(B) False
Answer : (B)
33. Arbitrary and fanciful trademarks receive the strongest legal protection.
(A) True
(B) False
Answer : (A)
34. "Exxon" is an arbitrary and fanciful trademark.
(A) True
(B) False
Answer : (A)
35. "Chicken of the Sea" is an example of a suggestive trademark.
(A) True
(B) False
Answer : (A)
36. "Thermos" is a generic mark.

(A) True
(B) False
Answer : (A)
37. "Clorox" is a generic mark.
(A) True
(B) False
Answer : (B)
38. "Zipper" is an arbitrary and fanciful mark.
(A) True
(B) False
Answer : (A)
39. Since Holiday Inn is a descriptive mark, it receives no protection.
(A) True
(B) False
Answer : (B)
40. "Raisin Bran" is not a trademark because it uses descriptive words for the product.
(A) True
(B) False
Answer : (B)
41. Under the rules of the World Intellectual Property Organization, registration of a trademark in
one country applies to all nations that belong to the Organization.
(A) True
(B) False
Answer : (B)
42. Suggestive trademarks are provided no legal protection.

(A) True
(B) False
Answer : (B)
43. Descriptive trademarks are not favored at law, but can receive protection.
(A) True
(B) False
Answer : (A)
44. A generic trademark receives no legal protection.
(A) True
(B) False
Answer : (A)
(A) True
(B) False
Answer : (A)
46. A generic trademark is licensed to all firms in the same industry.
(A) True
(B) False
Answer : (B)
47. The sale of counterfeit goods is estimated at about $20 billion a year in the U.S.
(A) True
(B) False
Answer : (B)
(A) True
(B) False
Answer : (A)
(A) True
(B) False
Answer : (A)
50. Colleges may not trademark their sports team name or logos because they are non-profit
institutions.
(A) True
(B) False
Answer : (B)
51. Colleges sports teams can obtain trademarks for their name.
(A) True
(B) False
Answer : (A)
52. The extent of trademark protection depends on how well known a mark is.
(A) True
(B) False
Answer : (A)
53. Once the shoe company Nike obtained a trademark for a line of shoes called Shox, no other
company was allowed to use that name for any product.
(A) True
(B) False
Answer : (B)
54. If you invent a fictional character such as the Hulk, you have the right to obtain a trademark for
the Hulk and sell the right to use the name and character for advertising purposes.
(A) True
(B) False
Answer : (A)
55. For domain names on the Internet, the rule is first come-first serve, among legitimate (real)
users of the name.
(A) True
(B) False
Answer : (A)
56. Since Delta Airlines is larger and better known than the company named Delta that makes water
faucets, Delta Airlines would be granted priority rights to the domain name www.delta.com.
(A) True
(B) False
Answer : (B)
57. Infringement means a seller causes confusion about the origins of a product by improper use of
a trademark.
(A) True
(B) False
Answer : (A)
58. It would not be infringement of the adidas trademark to sell shoes under the name addidas,
since it is a different word.
(A) True
(B) False
Answer : (B)
59. In case of infringement of a trademark, suit may be brought under the Lanham Act.
(A) True
(B) False
Answer : (A)
60. Dilution means a seller causes confusion about the origins of a product by improper use of any
trademark.
(A) True
(B) False
Answer : (B)
61. Dilution as a trademark violation applies primarily to famous marks.
(A) True
(B) False
Answer : (A)
62. A charge of dilution would apply to a company that sold guitars named Nike, even though Nike
does not make or sell guitars.
(A) True
(B) False
Answer : (A)
63. Cybersquatting occurs when a trademark is used improperly in a domain name.
(A) True
(B) False
Answer : (A)
64. To use a competitor's trademark in an ad that is critical of the product would be infringement,
since it would be unauthorized use of the name.
(A) True
(B) False
Answer : (B)
65. There is a fair use defense for use of a trademark for parody purposes.
(A) True
(B) False
Answer : (A)
66. There is a fair use defense for infringement that covers news or educational use.
(A) True
(B) False
Answer : (A)
67. If a trademark is used in a news story, permission for use must be received first.
(A) True
(B) False
Answer : (B)
68. In Audi AG v. D'Amato the appeals court held that Audi did not have the ability to limit
D'Amato's use of Audi trademarks on his website, where he sold Audi products.
(A) True
(B) False
Answer : (B)
69. In Audi AG v. D'Amato the appeals court held that Audi could stop D'Amato's use of the domain
name audisport.com.
(A) True
(B) False
Answer : (A)
70. In Audi AG v. D'Amato the appeals court held that Audi's name suffered dilution by D'Amato's
use of the name Audi in his website advertising.
(A) True
(B) False
Answer : (A)
71. In Audi AG v. D'Amato the appeals court held that Audi's name suffered conversion by D'Amato's
use of the name Audi in his website advertising.
(A) True
(B) False
Answer : (B)
72. In Audi AG v. D'Amato the appeals court held that Audi's name suffered infringement by
D'Amato's use of the name Audi in his website advertising.
(A) True
(B) False
Answer : (A)
73. Counterfeiting of trademarks causes companies to lose money and reputation.
(A) True
(B) False
Answer : (A)
74. To make a product that imitates a trademarked good, such as Nike shoes, is called
counterfeiting.
(A) True
(B) False
Answer : (A)
75. Goods may be sold that imitate a trademark so long as they are identified as not genuine; that is,
they are not "passed off" as if the original thing.
(A) True
(B) False
Answer : (B)
76. The Lanham Act allows victims of counterfeiting to have the good seized.
(A) True
(B) False
Answer : (A)
77. Companies that suffer from sales of counterfeit goods may take action to seize the goods.
(A) True
(B) False
Answer : (A)
78. In case of counterfeiting, the only remedy is monetary damages.
(A) True
(B) False
Answer : (B)
79. Companies that suffer from sales of counterfeit goods may request assorted federal authorities
take action against the sellers of the goods, but may do nothing directly.
(A) True
(B) False
Answer : (B)
80. The shape and color of a product may be protected by trademark law.
(A) True
(B) False
Answer : (A)
81. The texture of a product may be protected by trademark law.
(A) True
(B) False
Answer : (A)
82. Trade dress law falls under trademark law and the Lanham Act.
(A) True
(B) False
Answer : (A)
83. Trade dress falls under different legal standards than trademarks.
(A) True
(B) False
Answer : (B)
84. In Two Pesos v. Taco Cabana the Supreme Court held that the look of a restaurant could be
protected by trade dress.
(A) True
(B) False
Answer : (A)
85. The "look" of a business, such as a restaurant, could not fall under trade dress.
(A) True
(B) False
Answer : (B)
86. For a product to have trade dress protection, it must be registered with the Trademark Office.
(A) True
(B) False
Answer : (B)
87. Once the trade dress of a product or service is registered with the Trademark Office, legal
protection begins.
(A) True
(B) False
Answer : (B)
88. In Wal-Mart v. Samara Brothers the Supreme Court held it trade dress theft for Wal-Mart to
have clothing that imitated Samara's clothing line.
(A) True
(B) False
Answer : (B)
89. In Wal-Mart v. Samara Brothers the Supreme Court held that trade dress protection exists only
if the look and feel of a product has "secondary meaning."
(A) True
(B) False
Answer : (A)
90. A company cannot receive trade dress control of a color in all uses.
(A) True
(B) False
Answer : (A)
91. Service marks do not apply to goods.
(A) True
(B) False
Answer : (A)
92. Service marks, such as "Home of the Whopper," a Burger King slogan, are protected by the
Lanham Act.
(A) True
(B) False
Answer : (A)
93. A certification mark can identify location of the origin of a good.
(A) True
(B) False
Answer : (A)
94. "Union Made in the USA" is a Cooperative Mark protected by the Lanham Act.
(A) True
(B) False
Answer : (B)
95. "Union Made in the USA" is a certification mark protected by the Lanham Act.
(A) True
(B) False
Answer : (A)
96. A group of farmers could agree to label their food products with a collective mark.
(A) True
(B) False
Answer : (A)
97. A group of farmers could agree to label their food products with a service mark.
(A) True
(B) False
Answer : (B)
98. Trade names are registered under the Lanham Act and are protected by the Patent and
Trademark Office.
(A) True
(B) False
Answer : (B)
99. The primary protection for trade names is common law.
(A) True
(B) False
Answer : (A)
100. If you decided to open up the "Coca-Cola Diner" you would probably infringe on a trade name.
(A) True
(B) False
Answer : (A)
101. Goodwill is a benefit of having an established business and loyal customers.
(A) True
(B) False
Answer : (A)
102. When a firm has a positive reputation, it is an asset that increases the value of an organization
when it is sold. It falls into the category of goodwill.
(A) True
(B) False
Answer : (A)
103. Over a half-million copyrights are registered each year.
(A) True
(B) False
Answer : (A)
104. Only books, and similar written material, may be copyrighted.
(A) True
(B) False
Answer : (B)
105. About 45,000 copyrights in total are registered each year.
(A) True
(B) False
Answer : (B)
106. A copyright is good for the life of the author of the copyrighted material, plus another one
hundred years.
(A) True
(B) False
Answer : (B)
107. If you write a book, the copyright is good for the rest of your life plus 20 years.
(A) True
(B) False
Answer : (B)
108. If you create a new statute, you can register a copyright for it.
(A) True
(B) False
Answer : (A)
109. If artists who are employed at Disney draw cartoons as part of their work, the copyright
belongs to them; it cannot belong to a corporation.
(A) True
(B) False
Answer : (B)
110. If artists at Disney draw cartoons as part of their work, the copyright on that work is good for
95 years.
(A) True
(B) False
Answer : (A)
111. If artists at Disney draw cartoons as part of their work, the copyright on that work is good for
70 years.
(A) True
(B) False
Answer : (B)
112. The length of a copyright in the U.S. is the same as it is in the European Union.
(A) True
(B) False
Answer : (A)
113. A copyright gives the copyright owner the right to perform the work in public.
(A) True
(B) False
Answer : (A)
114. A copyright gives the owner the right to prepare derivative works from the original.
(A) True
(B) False
Answer : (A)
115. Registering for a copyright is technical and is difficult to do without a copyright attorney.
(A) True
(B) False
Answer : (B)
116. Registering a copyright requires payment of a fee, filling out a form, and sending in copies of
the work.
(A) True
(B) False
Answer : (A)
117. The fee for most copyright registrations is $325 if done online.
(A) True
(B) False
Answer : (B)
118. When a copyright is registered, the Copyright Office checks to try to be sure it is not a
duplication of an existing work.
(A) True
(B) False
Answer : (B)
119. If you have a valid copyright, the Copyright Office will help defend it.
(A) True
(B) False
Answer : (B)
120. Public facts presented in an original manner may be copyrighted.
(A) True
(B) False
Answer : (A)
121. When a work has a copyright from the Copyright Office, the courts presume the copyright is
valid and will only overturn it if "overwhelming evidence" is presented to show that it is not.
(A) True
(B) False
Answer : (B)
122. If a work is copyrighted, it must have a notice of copyright on it, such as ©, or others have the
right to presume the work is in the public domain.
(A) True
(B) False
Answer : (B)
123. If a work is in the public domain because it was never copyrighted, the first person to file for a
copyright will own the copyright on the work.
(A) True
(B) False
Answer : (B)
124. In Feist Publications v. Rural Telephone Service, the Supreme Court noted that copyrighted
materials, such as white-pages of phone books are original material.
(A) True
(B) False
Answer : (B)
125. Downloading copyrighted photos onto the Internet for use on websites is not a copyright
violation so long as copies of the photos are not sold.
(A) True
(B) False
Answer : (B)
126. The fair use rule allows us to use some copyrighted works without prior permission, and
without paying royalties.
(A) True
(B) False
Answer : (A)
127. Fair use depends if the copying is for commercial or educational use.
(A) True
(B) False
Answer : (A)
128. Fair use allows small volume copying of copyright work so long as the revenue is "nominal."
(A) True
(B) False
Answer : (B)
129. In Sony Corp. v. Universal City Studios, the Supreme Court held that a movie maker could
recover damages from Sony, which manufactured VCRs that consumers used at home to make
personal copies of movies without paying Universal Studios royalties.
(A) True
(B) False
Answer : (B)
130. In New York Times v. Tasini the Supreme Court held that electronic publication of copyrighted
works did not violate the copyright so long as they were not sold for profit.
(A) True
(B) False
Answer : (B)
131. In New York Times v. Tasini the Supreme Court held that copyright in electronic publication of
copyrighted works belonged to the original publisher of the work.
(A) True
(B) False
Answer : (B)
132. In New York Times v. Tasini the Supreme Court held that electronic publication of copyrighted
works infringed on the owner of the copyrights property.
(A) True
(B) False
Answer : (A)
133. An advantage of patent protection is that the invention is kept secret for the life of the patent.
(A) True
(B) False
Answer : (B)
134. Patents law provides one of the weakest forms of protection in intellectual property law.
(A) True
(B) False
Answer : (B)
135. A patent is a government grant that gives an inventor the sole right to use, make or sell an
invention for twenty years from the time of application.
(A) True
(B) False
Answer : (A)
136. A patent is a government grant that gives an inventor the sole right to use, make or sell an
invention for twenty years from the patent is issued.
(A) True
(B) False
Answer : (B)
137. A patent can be issued in the U.S. even if the invention is known outside of the U.S., so long as
the party applying for the patent in the U.S. is the first to apply for it in the U.S. since patent
protection is domestic.
(A) True
(B) False
Answer : (B)
138. There are utility patents and design patents.
(A) True
(B) False
Answer : (A)
139. Patents may be granted for processes.
(A) True
(B) False
Answer : (A)
140. Patents may not be granted for changes in manufacturing processes, because those are purely
commercial.
(A) True
(B) False
Answer : (B)
141. Patents may be granted for theories that are proven.
(A) True
(B) False
Answer : (B)
142. Patents may be granted for compositions of matter.
(A) True
(B) False
Answer : (A)
143. Patents are public information.
(A) True
(B) False
Answer : (A)
144. Patents cases are usually reviewed by the Federal Circuit Court of Appeals.
(A) True
(B) False
Answer : (A)
145. The patent for the Coca-Cola formula expired in 1907.
(A) True
(B) False
Answer : (B)
146. In Bowman v. Monsanto, where Bowman used Monsanto's patented Roundup Ready
seeds and, in violation of the contract provided by Monsanto, kept seeds from his crop to
use next year so that the seeds had the genetic composition of the Monsanto seeds. The
Supreme Court held that the patent had expired by the time of the litigation so the case was
moot..
(A) True
(B) False
Answer : (B)
Supreme Court held that genetic material cannot be patented.
(A) True
(B) False
Answer : (B)
Supreme Court held that reproduction of a seed was organic, so Bowman could not be
prevented from reproducing and selling the seeds.
(A) True
(B) False
Answer : (B)
Supreme Court held that Bowman violated the terms of purchase of a patented product.
(A) True
(B) False
Answer : (A)
150. The World Intellectual Property Organization (WIPO) works for common international
standards for patents.
(A) True
(B) False
Answer : (A)
151. A patent registered with the World Intellectual Property Organization (WIPO) is valid in all
member nations.
(A) True
(B) False
Answer : (B)
152. Once a patent is issued in the U.S., Japan, or the EU (the European Patent Office), under World
Intellectual Property Organization rules, it is good in all three of those jurisdictions.
(A) True
(B) False
Answer : (B)
153. A firm can make a decision to either patent a product or make is subject to trade secret law,
but using one generally eliminates the use of the other.
(A) True
(B) False
Answer : (A)
154. For something to be a trade secret, it may not be known by anyone but the inventor of the
secret.
(A) True
(B) False
Answer : (B)
155. Trade secrets include any information that a company has worked diligently to keep secret
from competitors.
(A) True
(B) False
Answer : (B)
156. Trade secrets will remain such even if they are shared with outsiders so long as everyone who
receives the information is told that they are trade secrets.
(A) True
(B) False
Answer : (B)
157. Trade secrets can be shared with all employees in a firm so long as all are told that it is a trade
secret.
(A) True
(B) False
Answer : (B)
158. If a company owns trade secrets it may require employees to sign contracts promising not to
use the trade secrets they learn at work elsewhere and holding the employees liable if they do.
(A) True
(B) False
Answer : (A)
159. In Hicklin Engineering v. R.J. Bartell, where Bartell was accused of stealing trade secrets from
his former employer, Hicklin that he now used in competition with Hicklin the appeals court held
that since anyone could observe process in question at Hicklin, it was not a secret that could be
protected.
(A) True
(B) False
Answer : (B)
his former employer, Hicklin that he now used in competition with Hicklin, the appeals court held
that if Hicklin could show that Bartell was using specific trade secrets it would prevail against him.
(A) True
(B) False
Answer : (A)
his former employer, Hicklin that he now used in competition with Hicklin the appeals court held
that the Wisconsin Uniform Trade Secrets Act could apply.
(A) True
(B) False
Answer : (A)
162. The Economic Espionage Act applies to the theft of industrial materials that are important to
national security. The law does not apply to the theft of ordinary business property such as trade
secrets.
(A) True
(B) False
Answer : (A)
163. Violations of the Economic Espionage Act, such as a theft of a trade secret, can result in prison
sentences.
(A) True
(B) False
Answer : (A)
MULTICHOICE
164. Trademarks, trade names, patents, and copyrights represent a category of property called:
(A) intangible property
(B) tangible property
(C) real property
(D) statutory property
(E) personal property
Answer : (A)
165. Trademarks, trade names, patents, and copyrights represent a category of property called:
(A) tangible property
(B) real property

(C) statutory property
(D) personal property
(E) none of the other choices
Answer : (E)
166. Intangible property is property that:
(A) is invisible and impossible to hold
(B) is tangible and concrete
(C) is not taxable
(D) is not for sale
(E) cannot be sold for profit
Answer : (A)
167. Intangible property is property that:
(A) cannot be sold for profit
(B) is tangible and concrete
(C) is not taxable
(D) is not for sale
(E) none of the other choices are correct
Answer : (E)
168. ____ is property that may be invisible and impossible to hold.
(A) actual property
(B) good property
(C) real property
(D) temporary property
Answer : (E)
169. ____ is property that may be invisible and impossible to hold.

(A) intangible property
(B) good property
(C) real property
(D) temporary property
(E) actual property
Answer : (A)
170. Which of the following is an example of intangible property:
(A) trademarks
(B) copyrights
(C) patents
(D) trade secrets
(E) all of the other specific choices are correct
Answer : (E)
(A) computers
(B) furniture
(C) land
(D) trade secrets
Answer : (D)
(A) computers
(B) furniture
(C) land
(D) patents

Answer : (E)
(A) computers
(B) furniture
(C) copyrights
(D) land
Answer : (C)
174. Intellectual property is created by:
(A) physical labor
(B) intellectual effort
(C) standard industry processes
(D) strictly unwritten methods
(E) when groups of more than three individuals agree on an idea
Answer : (B)
175. Intellectual property is created by:
(A) physical labor
(B) when groups of more than three individuals agree on an idea
(C) standard industry processes
(D) strictly unwritten methods
Answer : (E)
176. Which is not a form of intellectual property?
(A) trademarks
(B) buildings
(C) copyrights
(D) trade secrets
(E) patents
Answer : (B)
177. Which is not a form of intellectual property?
(A) trademarks
(B) copyrights
(C) trade secrets
(D) patents
(E) all of the other choices are forms of intellectual property
Answer : (E)
178. Protection for intellectual property dates back to:
(A) the Constitution
(B) soon after the Civil War
(C) the early 1900s
(D) the 1950s
(E) the 1960s
Answer : (A)
179. Protection for intellectual property dates back to:
(A) just after WWI
(B) soon after the Civil War
(C) about 1900
(D) the 1950s
Answer : (E)
180. The ____ is responsible for issuing patents.
(A) Commissioner of Patents and Trademarks

(B) Protector of Property
(C) Commissioner of Intellectual Property
(D) Secretary of State
(E) Supreme Court
Answer : (A)
181. The ____ is responsible for issuing patents.
(A) Supreme Court
(B) Protector of Property
(C) Commissioner of Intellectual Property
(D) Secretary of State
Answer : (E)
182. The ____ is responsible for registering copyrights.
(A) Patent Office
(B) Commissioner of Patents and Trademarks
(C) Commissioner of Patents and Copyrights
(D) Copyright Office
(E) Intellectual Property Office
Answer : (D)
183. Of the approximately 190,000 patents issued annually by the Commissioner of Patents and
Trademarks:
(A) two-thirds are to Americans and one-third is to foreigners
(B) all are to Americans
(C) all are to foreigners
(D) half are to Americans and half are to foreigners
(E) two-fifths are to Americans and three-fifths are to foreigners
Answer : (D)
184. Of the approximately 190,000 patents issued annually by the Commissioner of Patents and
Trademarks:
(A) two-thirds are to Americans and one-third is to foreigners
(B) all are to Americans
(C) all are to foreigners
(D) two-fifths are to Americans and three-fifths are to foreigners
Answer : (E)
185. The ____ is responsible for registering copyrights.
(A) Patent Office
(B) Commissioner of Patents and Trademarks
(C) Commissioner of Patents and Copyrights
(D) Intellectual Property Office
Answer : (E)
186. The Copyright Office registers more than ____ copyrights annually.
(A) 1 million
(B) 2 million
(C) 600,000
(D) 900.000
(E) there are no statistics kept on how many copyrights are registered
Answer : (C)
187. The Copyright Office registers more than ____ copyrights annually.
(A) 1 million
(B) 2 million
(C) 100,000
(D) there are no statistics kept on how many copyrights are registered
Answer : (E)
188. The law provides protection to intellectual property owners through which legal action?
(A) malicious prosecution
(B) assault
(C) infringement
(D) slander
(E) infliction of emotional distress
Answer : (C)
189. The law provides protection to intellectual property owners through which legal action?
(A) malicious prosecution
(B) assault
(C) slander
(D) infliction of emotional distress
Answer : (E)
190. Intellectual property owners can sue for ____ if their intellectual property is used without
authorization.
(A) battery
(B) infringement
(C) slander
(D) hearsay
(E) emotional distress
Answer : (B)
191. Intellectual property owners can sue for ____ if their intellectual property is used without
authorization.
(A) battery
(B) emotional distress
(C) slander
(D) hearsay
Answer : (E)
192. Infringement is:
(A) using legally obtained intellectual property for criminal activity
(B) wrongful use of intellectual property with the owner's permission
(C) wrongful, unauthorized use of intellectual property in violation of the owner's rights
(D) wrongful, authorized use of intellectual property in violation of the owner's rights
Answer : (C)
193. Infringement is:
(A) using legally obtained intellectual property for criminal activity
(B) wrongful use of intellectual property with the owner's permission
(C) use of intellectual property after its copyright has run out
(D) wrongful, authorized use of intellectual property in violation of the owner's rights
Answer : (E)
194. A trademark may be a:
(A) logo
(B) word
(C) design
(D) phrase
(E) all of the other choices
Answer : (E)
195. A trademark would not include a:
(A) phrase
(B) name
(C) design
(D) word
(E) all of the other choices could be trademarks
Answer : (E)
196. Logos, words, designs and phrases are all examples of things that could be:
(A) trademarks
(B) real property
(C) physical property
(D) tangible property
Answer : (A)
197. A commercial symbol that a manufacturer prints on its goods so they can be readily identified
in the marketplace is a(n):
(A) symbol
(B) marker
(C) trademark
(D) intangible marker
(E) patent
Answer : (C)
198. A commercial symbol that a manufacturer prints on its goods so they can be readily identified
in the marketplace is a(n):
(A) hieroglyphic
(B) marker
(C) patent
(D) intangible marker
Answer : (E)
199. The registration process of trademarks is provided by:
(A) the Lanham Act
(B) the Carver Act
(C) the Trademark Act
(D) the Intellectual Property Act
(E) the Second Amendment
Answer : (A)
200. The registration of trademarks is provided by:
(A) the Second Amendment
(B) the Carver Act
(C) the Trademark Act
(D) the Intellectual Property Act
Answer : (E)
201. The Lanham Act provides for:
(A) the process for applying for patents
(B) the copyright of books
(C) the registration of trademarks
(D) the use by government of all patents
(E) the prosecution of patent infringers
Answer : (C)
202. The Lanham Act provides for:
(A) the process for applying for patents

(B) the copyright of books
(C) the creation of trademarks by the government
(D) the use by government of all patents
Answer : (E)
203. As long as the owner continues to use and protect the trademark, the trademark's exclusive
use:
(A) can last up to 5 years
(B) can be perpetual
(C) can be used by others in non-profit endeavors
(D) can last up to, but not more than, 25 years
Answer : (B)
204. As long as the owner continues to use and protect the trademark, the trademark's exclusive
use:
(A) can last up to 5 years
(B) can last for between 10 and 20 years, depending on the state
(C) can be used by others in non-profit endeavors
(D) can last up to, but not more than, 25 years
Answer : (E)
205. Traditionally, the right to trademark protection was determined by:
(A) federal statute
(B) administrative regulation
(C) priority of use
(D) national registration
(E) by the U.S. Trademark Office

Answer : (C)
206. The registration of a trademark does not include which legal protection?
(A) better coverage in other nations
(B) federal court jurisdiction
(C) preventing imported fake goods
(D) nationwide notice
(E) all of these are part of legal protection provided
Answer : (C)
207. The registration of a trademark does not include which legal protection?
(A) better coverage in other nations
(B) federal court jurisdiction
(C) helping prevent imported fakes
(D) legal assistance by Trademark Office in case of challenge to mark
(E) all of these are part of legal protection provided
Answer : (D)
208. Which of the following is a legal protection associated with registering a trademark:
(A) nationwide notice of the trademark owner's claim
(B) federal court jurisdiction, if desired
(C) forming the basis for obtaining registration in other nations
(D) all of the other specific choices are correct
(E) none of the other specific choices are correct
Answer : (D)
(A) state payment of court fees associated with suing for infringement
(B) legal assistance by Trademark Office in case of challenge to mark
(C) forming the basis for obtaining registration in other nations

Answer : (C)
(C) federal court jurisdiction, if desired
Answer : (C)
(C) nationwide notice of the trademark owner's claim
Answer : (C)
212. Traditionally, the right to trademark protection was determined primarily by:
(A) the Lanham Act
(B) administrative regulation
(C) by registration with a secretary of state
(D) by the U.S. Trademark Office
Answer : (E)
213. When registering a trademark the applicant must submit a copy of the mark, which is referred
to as a(n):
(A) trademark
(B) sample
(C) specimen
(D) description
(E) example
Answer : (C)
214. When registering a trademark the applicant must submit a copy of the mark, which is referred
to as a(n):
(A) trademark
(B) sample
(C) example
(D) description
Answer : (E)
215. A trademark examiner reviews trademark requests to make sure:
(A) the mark does not conflict with existing marks
(B) the mark is not descriptive
(C) the mark does not claim too much coverage
Answer : (D)
216. Registering a trademark does not mean:
(A) submitting a copy of the mark
(B) paying a fee
(C) the Trademark Office will defend your use of the mark
(D) the registration is good for ten years
(E) all of the other choices are part of a trademark

Answer : (C)
217. If you register trademark under the Lanham Act, the registration is good for:
(A) five years
(B) ten years
(C) seventeen years
(D) twenty years
(E) fifty years plus the life of the creator
Answer : (B)
218. If a company registers its trademark under the Lanham Act, the registration is good for:
(A) one year
(B) five years
(C) twenty years
(D) until revoked by the Trademark Office
Answer : (E)
219. Trademarks are classified as:
(A) generic
(B) suggestive
(C) descriptive
(D) arbitrary and fanciful
Answer : (E)
220. Which of the following is not a category of trademarks:
(A) generic
(B) suggestive
(C) descriptive
(D) proprietary
(E) arbitrary and fanciful
Answer : (D)
221. Which of the following is not a category of trademarks:
(A) generic
(B) suggestive
(C) descriptive
(D) arbitrary and fanciful
(E) all of the other choices are categories of marks
Answer : (E)
222. Which is not a trademark class:
(A) descriptive
(B) arbitrary and fanciful
(C) suggestive
(D) generic
(E) distinctive
Answer : (E)
223. Lack of notice that a mark is a trademark:
(A) means that others can freely use the mark
(B) does not mean the owner of the mark is not due legal protection for the mark
(C) means that the owner of the mark is not due legal protection for the mark
(D) means that after 5 years others may use the mark without legal consequences
Answer : (B)
224. Arbitrary and fanciful, suggestive, descriptive, and generic are classifications of:
(A) patents
(B) torts
(C) trademarks
(D) copyrights
Answer : (C)
225. Arbitrary and fanciful, suggestive, descriptive, and generic are classifications of:
(A) patents
(B) torts
(C) real property law
(D) easements
Answer : (E)
226. Trademarks classified as ____ are most favored because they are inherently distinctive:
(A) descriptive
(C) suggestive
(D) generic
Answer : (B)
227. Trademarks that are inherently distinctive are classified as:
(A) descriptive
(C) suggestive
(D) generic
Answer : (B)
228. Trademarks that are inherently distinctive are classified as:
(A) descriptive
(B) aberrant and fanciful
(C) suggestive
(D) generic
Answer : (E)
229. "Apple" (computers) and "Exxon" (gasoline) are examples of what kind of trademark?
(A) suggestive
(C) generic
(D) descriptive
Answer : (B)
230. "Apple" (computers) is a real word applied to a non-related product. It is what kind of mark?
(A) suggestive
(C) generic
(D) descriptive
Answer : (B)
231. ____ trademarks hint at the product.
(A) suggestive
(C) generic
(D) copyrighted
Answer : (A)
232. ____ trademarks are not favored by the law and must be shown to have acquired customer
recognition to be given legal protection.
(A) suggestive
(C) generic
(D) descriptive
Answer : (D)
233. Which of the following is an example of a suggestive trademark?
(A) Nike
(B) Coca-Cola
(C) Exxon
(D) Chicken of the Sea
(E) Lysol
Answer : (D)
234. Which of the following is an example of a suggestive trademark?
(A) Nike
(B) Coca-Cola
(C) Bufferin
(D) Dairy Queen
(E) Lysol
Answer : (D)
235. Which of the following is an example of a successful descriptive trademark?
(A) Nike
(B) Coca-Cola
(C) Holiday Inn
(E) Lysol
Answer : (C)
236. Which of the following is an example of a successful descriptive trademark?
(A) Nike
(B) Coca-Cola
(C) Bufferin
(E) Lysol
Answer : (C)
237. An example of a generic trademark is:
(A) Clorox
(B) Dairy Queen
(C) Bufferin
(D) Thermos
Answer : (D)
(A) Clorox
(B) Dairy Queen
(C) Bufferin
(D) Zipper
Answer : (D)
(A) Clorox
(B) Dairy Queen
(C) Bufferin
(D) Raisin Bran
Answer : (E)
240. Marks become generic when:
(A) the holders of marks give up protecting them
(B) the Supreme Court issue an order
(C) 5 years have passed since the mark was registered
(D) the holders of the mark make over $1 million in profit
Answer : (A)
241. The World Customs Organization estimates that counterfeit goods account for how much in
sales per year globally:
(A) $6 billion
(B) $50 billion
(C) $100 billion
(D) $500 billion
Answer : (D)
242. Counterfeit or fake goods do not create which of the following problems:
(A) lost revenue to owner of genuine goods
(B) lost jobs in the U.S.
(C) death and injury to unsuspecting consumers
(D) costly legal processes

(E) all of the other choices are part of the problem
Answer : (E)
243. If a company attempts to steal the good name of another by using a well-respected name to sell
their product they could be sued for:
(A) infringement
(B) battery
(C) assault
(D) easement violation
(E) patent violation
Answer : (A)
244. If a company attempts to steal the good name of another by using a well-respected name to sell
their product they could be sued for:
(A) patent violation
(B) battery
(C) assault
(D) easement violation
Answer : (E)
245. ____ occurs when another person who, at any time after the owner's mark has become famous,
commences use of a mark or trade name in commerce that is likely to cause dilution by blurring or
dilution by tarnishment of the famous mark, regardless of the presence or absence of actual or likely
confusion, of competition, or of actual economic injury.
(A) infringement
(B) dilution
(C) battery
(D) counterfeiting
(E) patent violation
Answer : (B)
246. ____ occurs when another person who, at any time after the owner's mark has become famous,
commences use of a mark or trade name in commerce that is likely to cause dilution by blurring or
dilution by tarnishment of the famous mark, regardless of the presence or absence of actual or likely
confusion, of competition, or of actual economic injury.
(A) infringement
(B) patent violation
(C) battery
(D) counterfeiting
Answer : (E)
247. ____ occurs when a trademark is used improperly in a domain name.
(A) cyberinfringement
(B) websquatting
(C) cybersquatting
(D) patent-squatting
Answer : (C)
248. ____ occurs when a trademark is used improperly in a domain name.
(A) cyberinfringement
(B) websquatting
(C) internet-squatting
(D) patent-squatting
Answer : (E)
249. Cybersquatting is restricted by:
(A) the Anticybersquatting Consumer Protection Act
(B) the Antiwebsquatting Consumer Protection Act
(C) the Sherman Act

(D) the National Cybersquatting Act
(E) the Bill of Rights
Answer : (A)
250. Cybersquatting is restricted by:
(A) the Bill of Rights
(B) the Antiwebsquatting Consumer Protection Act
(C) the Sherman Act
(D) the Lanham Act
Answer : (E)
251. Cybersquatters who claim domain names that include trademarks that belong to others:
(A) may not register the domain name
(B) may be able to sell the domain name
(C) are the legitimate owners since domain names and trademarks are not related
(D) must receive permission from the Trademark Office to do so
Answer : (B)
252. Adidas is a famous trademark. If another company sold shoes called addidas that would be:
(A) cybersquatting
(B) infringement
(C) conversion
(D) defamation
(E) none of the other choices; there is no legal problem
Answer : (B)
253. Adidas is a famous trademark. If another company sold shoes called addidas that would be a
violation of the Lanham Act for:
(A) cybersquatting
(B) trespass
(C) conversion
(D) defamation
Answer : (E)
254. Nike does not sell televisions, but suppose some company began to market televisions called
Nike. That would be:
(A) cybersquatting
(B) slander of title
(C) dilution
(D) trespass
(E) none of the other choices; there is no legal problem
Answer : (C)
255. Nike does not sell televisions, but suppose some company began to market televisions called
Nike. That would be a violation of federal law concerning:
(A) cybersquatting
(B) slander of title
(C) conversion
(D) trespass
Answer : (E)
256. Which of the following is a defense in a suit involving violation of a trademark:
(A) fair use, such as to mention a mark in comparative advertising
(B) noncommercial uses, such as parody or editorial commentary
(C) news reporting or educational use

Answer : (D)
257. In Audi AG v. D'Amato, where Audi sued D'Amato for trademark violations for selling Audi logo
goods on his website audisport.com, the appeals court held that D'Amato:
(A) engaged in cybersquatting
(B) diluted the value of Audi's trademark
(C) infringed on Audi's trademark
(D) had a domain name in bad faith
Answer : (E)
goods on his website audisport.com, the appeals court held that D'Amato:
(A) did not engaged in cybersquatting due to active use of the name
(B) sold stolen Audi goods
(C) infringed on Audi's trademark
(D) had a right to the domain name
Answer : (C)
goods on his website audisport.com, the appeals court held that it would consider certain factors
about possible infringement; the factors do not include:
(A) revenue captured by defendant
(B) similarity of the marks
(C) strength of plaintiff's mark
(D) evidence of actual confusion by consumers
(E) all of these are factors considered by the court
Answer : (A)
about possible infringement; the factors do not include:
(A) defendant's intent in selecting the mark
(B) similarity of the marks
(C) strength of plaintiff's mark
(D) evidence of actual confusion by consumers
(E) all of these are factors considered by the court
Answer : (E)
about possible infringement. Which of the following is a factor considered when determining
whether there is a "likelihood of confusion":
(A) strength of plaintiff's mark
(B) relatedness of the goods
(C) similarity of the marks
(D) evidence of actual confusion
Answer : (E)
about possible infringement. Which of the following is a factor considered when determining
whether there is a "likelihood of confusion":
(A) marketing of channels used
(B) degree of purchaser care
(C) defendant's intent in selecting the mark
(D) likelihood of expansion in selecting the mark
Answer : (E)
goods on his website audisport.com, D'Amato claimed that there could not be any consumer
confusion because he had a disclaimer on his website. The appeals court held that:
(A) a disclaimer does not absolve D'Amato of liability for his unlawful use of marks identical to Audi's
trademarks
(B) a disclaimer absolves D'Amato of liability for his unlawful use of marks identical to Audi's
trademarks
(C) the disclaimer would have absolved D'Amato of liability if it had been in more languages
(D) the disclaimer would have absolved D'Amato of liability if it had been longer
(E) the disclaimer was not legitimate because it was written by D'Amato and not by an attorney
Answer : (A)
goods on his website audisport.com, D'Amato claimed that there could not be any consumer
confusion because he had a disclaimer on his website. The appeals court held that:
(A) the disclaimer was not legitimate because it was written by D'Amato and not by an attorney
(B) a disclaimer absolves D'Amato of liability for his unlawful use of marks identical to Audi's
trademarks
(C) the disclaimer would have absolved D'Amato of liability if it had been in more languages
(D) the disclaimer would have absolved D'Amato of liability if it had been longer
Answer : (E)
265. Which of the following statements is not true about counterfeiting of trademarks:
(A) it costs major companies substantial lost profits
(B) many counterfeited goods are low quality
(C) if the buyer of the counterfeit goods know they are counterfeit, there is no law violation
(D) counterfeiting can hurt the reputation of the trademark owner
(E) all of the other choices are true
Answer : (C)
266. If people are told that counterfeit goods are counterfeit then:
(A) the counterfeit goods are legal

(B) the counterfeit goods may be sold as long as they are sold for less than the real thing
(C) the counterfeit goods are still a violation of the law
(D) the counterfeit goods may be sold in other countries
Answer : (C)
267. If people are told that counterfeit goods are counterfeit then:
(A) the counterfeit goods are legal
(B) the counterfeit goods may be sold as long as they are sold for less than the real thing
(C) the counterfeit goods may be sold in local markets, but not national markets
(D) the counterfeit goods may be sold in other countries
Answer : (E)
268. Counterfeit goods:
(A) may be seized and destroyed
(B) may be sold so long as identified as "not original"
(C) may be sold so long as identified as "not approved"
(D) may be sold so long as identified as "not genuine"
Answer : (A)
269. Counterfeit goods:
(A) may be sold with Trademark Office permission
(B) may be sold so long as identified as "not original"
(C) may be sold so long as identified as "not approved"
(D) may be sold so long as identified as "not genuine"
Answer : (E)
270. The owners of trademarks often know there are counterfeit goods being sold with real-looking
trademarks. To obtain relief the mark owners often:
(A) get permission from the Trademark Office to seize the counterfeits
(B) convince the Trademark Office to send its agents to seize the goods
(C) sue in federal court for damages and an injunction; the sales may not be stopped before the
court considers the issue at trial
(D) get a warrant to seize the goods, which may be done by a private investigator with police help
Answer : (D)
271. Private parties can obtain search-and-seizure orders to grab counterfeit goods under the:
(A) Sherman Act
(B) Counterfeit Goods Act
(C) Lanham Act
(D) Copyright Infringement Act
(E) Fifth Amendment
Answer : (C)
272. Private parties can obtain search-and-seizure orders to grab counterfeit goods under the:
(A) Sherman Act
(B) Counterfeit Goods Act
(C) Fifth Amendment
(D) Copyright Infringement Act
Answer : (E)
273. A commercial symbol that concerns the "look and feel" of a product is known as:
(A) trademark
(B) trade name
(C) service mark

(D) trade dress
(E) appearance mark
Answer : (D)
274. A commercial symbol that concerns the "look and feel" of a product is known as:
(A) trademark
(B) trade name
(C) service mark
(D) appearance mark
Answer : (E)
275. Trade dress refers to:
(A) a commercial symbol that concerns the "look and feel" of a product
(B) a commercial symbol that concerns the production of a product
(C) a private symbol that concerns the heritage of a family
(D) a private symbol that concerns the "look and feel" of a company's reputation
(E) a company's dress code
Answer : (A)
276. Trade dress refers to:
(A) a company's dress code
(B) a commercial symbol that concerns the production of a product
(C) a private symbol that concerns the heritage of a family
(D) a private symbol that concerns the "look and feel" of a company's reputation
Answer : (E)
277. In Two Pesos, Inc. v. Taco Cabana, Inc. the Supreme Court held that a Mexican-style restaurant
could not copy the decor of a competitor because of the law protecting:
(A) copyrights
(B) patents
(C) trade dress
(D) trade names
(E) trade secrets
Answer : (C)
278. In Two Pesos, Inc. v. Taco Cabana, Inc. the Supreme Court held that a Mexican-style restaurant
could not copy the decor of a competitor because of the law protecting:
(A) copyrights
(B) patents
(C) trade names
(D) trade secrets
Answer : (E)
279. "Inherently distinctive" trade dress is protected under the:
(A) Property Act
(B) Lanham Act
(C) Shelton Act
(D) Copyright Act
(E) Trade Dress Act
Answer : (B)
280. "Inherently distinctive" trade dress is protected under the:
(A) Property Act
(B) Trade Dress Act
(C) Shelton Act
(D) Copyright Act

Answer : (E)
281. In Wal-Mart v. Samara Brothers, where Wal-Mart was accused of copying the design of
children's clothing, the Supreme Court held that for trade dress protection to exist, the good or
service must:
(A) be distinctive
(B) be identified as to origin
(C) have secondary meaning
(D) all of the other specific choices
Answer : (D)
282. In Wal-Mart v. Samara Brothers, where Wal-Mart was accused of copying the design of
children's clothing, the Supreme Court held that for trade dress protection to exist, the good or
service must:
(A) be registered with the Trademark office
(B) be "original"
(C) have secondary meaning
Answer : (C)
283. To earn protection under the Lanham Act a product must be:
(A) inherently distinctive
(B) functional
(C) sold in at least 5 states
(D) recognized by most people
Answer : (A)
284. To earn protection under the Lanham Act a product must be:
(A) internationally recognized
(B) functional
(C) sold in at least 5 states
(D) recognized by most people
Answer : (E)
285. The orange exterior of Home Depot stores is an example of:
(A) a patent
(B) a trade dress
(C) a service mark
(D) a certification mark
Answer : (B)
286. The orange exterior of Home Depot stores is an example of:
(A) a patent
(B) a real mark
(C) a service mark
(D) a certification mark
Answer : (E)
287. The International Silk Association uses the motto "Only silk is silk." That is a:
(A) trademark
(B) service mark
(C) trade dress
(D) certification mark
(E) trade name

Answer : (B)
288. The International Silk Association uses the motto "Only silk is silk." That is a:
(A) copyright
(B) trade dress
(C) certification mark
(D) trade name
Answer : (E)
289. A service mark is:
(A) a trademark for a service
(B) a catchphrase
(C) an illegal trademark
(D) a symbol that can be traded between companies
Answer : (A)
290. A service mark is:
(A) the international term for trademark
(B) a catchphrase
(C) an illegal trademark
(D) a symbol that can be traded between companies
Answer : (E)
291. The motto "Union Made in the USA" is a:
(A) trademark
(B) service mark
(C) trade dress

(E) trade name
Answer : (D)
292. The motto "Union Made in the USA" is a:
(A) copyright
(B) service mark
(C) trade dress
(D) trade name
Answer : (E)
293. A ____ is any word, symbol, device, or any combination of these that is used, or intended to be
used, in commerce to certify regional or other geographic origin.
(A) trade dress
(B) property mark
(C) real mark
Answer : (D)
294. A ____ is any word, symbol, device, or any combination of these that is used, or intended to be
used, in commerce to certify regional or other geographic origin.
(A) trade dress
(B) property mark
(C) real mark
(D) trade name
Answer : (E)
295. A trademark or service mark that is used in commerce by members of a cooperative, an

association, or other collective group or organization is a(n):
(A) trade dress
(B) trade service
(C) trade symbol
(D) collective mark
(E) union mark
Answer : (D)
296. A trademark or service mark that is used in commerce by members of a cooperative, an

association, or other collective group or organization is a(n):
(A) trade dress
(B) trade service
(C) trade symbol
(D) union mark
Answer : (E)
297. A trade name is protected by:
(A) the Lanham Act
(B) the common law
(C) the law of copyright
(D) the patent statute
Answer : (B)
298. A trade name is protected by:
(A) the Lanham Act
(B) the Trademark Office
(C) the law of copyright
(D) the patent statute

Answer : (E)
299. The Lanham Act does not protect:
(A) trademarks
(B) trade names
(C) copyrights
Answer : (B)
300. Under the common law trade name protection belongs to:
(A) the first to use the name in a given area of business
(B) the company that makes the highest bid
(C) the company that has the most market share
(D) the first to use the name for more than 5 years in a given area of business
Answer : (A)
301. The benefit or advantage of having an established business and secured customers is:
(A) trade dress
(B) trade secret
(C) goodwill
(D) brand name
Answer : (C)
302. The reputation of a firm that gives value to trademarks and other such forms of intellectual
property combined with the trust of many customers is known as:
(A) trade secrets

(B) copyright
(C) good copy
(D) goodwill
(E) good relations
Answer : (D)
303. Goodwill is:
(A) a major intangible asset
(B) not important to companies
(C) a major tangible asset
(D) a minor intangible asset
(E) something easily quantified
Answer : (A)
304. Goodwill is:
(A) something easily quantified
(B) not important to companies
(C) a major tangible asset
(D) a minor intangible asset
Answer : (E)
305. Rights of literary property as recognized by law are:
(A) copyrights
(B) patents
(C) estates
(D) literary rights
(E) media rights
Answer : (A)
306. Rights of literary property as recognized by law are:
(A) media rights
(B) patents
(C) estates
(D) literary rights
Answer : (E)
307. Books and other written works make up about what percent of the copyrights issued each year:
(A) 20%
(B) 90%
(C) 100%
(D) 50%
(E) 10%
Answer : (D)
308. Musical compositions make up about what percent of the copyrights issued each year:
(A) 25%
(B) 90%
(C) 100%
(D) 50%
(E) 10%
Answer : (D)
309. Among the forms of intellectual property, copyrights are:
(A) one of the easiest forms of protection to obtain
(B) a weak form of protection
(C) considered to have the least commercial value

Answer : (A)
310. Under the Copyright Act, a copyright owner does not have which of the following rights?
(A) to perform the work in public
(B) to receive royalties collected by the Copyright Office
(C) to publish the work
(D) to prepare other works based off the original work
(E) all of the others choices are rights
Answer : (B)
311. Under the Copyright Act, a copyright owner has which of the following rights?
(A) to perform the work in public
(B) to prepare derivative works
(C) to publish the work
(D) to reproduce the work
Answer : (E)
312. The law of copyright gives a copyright owner all of the following rights except the right:
(A) to reproduce the work
(B) to claim public domain works
(C) to perform the work in public
(D) to display the work
(E) to publish the work
Answer : (B)
313. The law of copyright gives a copyright owner all of the following rights except the right:
(A) to reproduce the work
(B) to perform the work in public

(C) to display the work
(D) to publish the work
(E) all of the other choices are protected rights
Answer : (E)
314. What allows exclusive control over original written works, musical compositions, art and
photography; including control over reproduction, display and derived works:
(A) copyrights
(B) patents
(C) trademarks
(D) trade names
(E) servitudes
Answer : (A)
315. What allows exclusive control over original written works, musical compositions, art and
photography; including control over reproduction, display and derived works:
(A) patents
(B) trademarks
(C) trade names
(D) servitudes
Answer : (E)
316. The term of copyright protection is:
(A) 10 years
(B) 17 years
(C) the life of the author
(D) the life of the author plus 21 years
(E) the life of the author plus 70 years
Answer : (E)
(A) 10 years
(B) 17 years
Answer : (E)
(A) 10 years
(B) 17 years
(E) 95 years for a work for hire
Answer : (E)
319. If an employee of a company writes something for hire the term of copyright protection for the
work is:
(A) 25 years
(B) 50 years
(C) 95 years
(E) the life of the author plus 75 years
Answer : (C)
320. If an employee of a company writes something for hire the term of copyright protection for the
work is:
(A) 75 years
(B) 85 years
(C) the life of the author plus 95 years

Answer : (E)
321. Most copyrighted materials now have protection for the life of the author plus:
(A) 20 years, the same as the European Union
(B) 50 years, the same as the European Union
(C) 70 years, the same as the European Union
(D) 50 years, the same as the UN Convention
(E) 75 years, the same as the UN Convention
Answer : (C)
322. Suppose a team of artists who work for Fox draw The Simpsons television program and Fox
owns the copyright. The length of the copyright is:
(A) 21 years
(B) 50 years
(C) 70 years
(D) 95 years
(E) forever
Answer : (D)
323. Suppose a team of artists who work for Fox draw The Simpsons television program and Fox
owns the copyright. The length of the copyright is:
(A) 21 years plus the life of the longest living artist
(B) 50 years plus the life of the longest living artist
(C) 70 years plus the life of the longest living artist
(D) forever
Answer : (E)
324. To be copyrightable, a work must:

(A) be original
(B) be at least 5 years old
(C) be recognizable to the general public
(D) be internationally known
Answer : (A)
325. To be copyrightable, a work must:
(A) be handmade
(B) be at least 5 years old
(C) be recognizable to the general public
(D) be internationally known
Answer : (E)
326. The right of the author to have proper attribution of authorship and to prevent unauthorized
changes in or destruction of an artist's work is a(n):
(A) moral right
(B) real right
(C) literary right
(D) compensation right
(E) easement right
Answer : (A)
327. The right of the author to have proper attribution of authorship and to prevent unauthorized
changes in or destruction of an artist's work is a(n):
(A) easement right
(B) real right
(C) literary right
(D) compensation right

Answer : (E)
328. To download Nintendo games on the Internet, where others could then copy them freely, is a
violation of which intellectual property rights:
(A) patents
(B) trademarks
(C) copyrights
(D) trade secrets
(E) none of the other choices; the Internet is public domain
Answer : (C)
329. Something that is in the public domain:
(A) may be used, performed, or reproduced by anyone
(B) may not be used, performed, or reproduced without special permission from the Supreme Court
(C) may not be used, performed, or reproduced without special permission from a judge
(D) may only be used, performed, or reproduced with permission of the original creator
Answer : (A)
330. Something that is in the public domain:
(A) may be used, performed, or reproduced by anyone, but only after being in the public domain for
at least 10 years
(B) may not be used, performed, or reproduced without special permission from the Supreme Court
(C) may not be used, performed, or reproduced without special permission from a judge
(D) may only be used, performed, or reproduced with permission of the original creator
Answer : (E)
331. Something that may be used, performed, or reproduced by anyone is said to be in the:
(A) real domain

(B) free domain
(C) public domain
(D) open market
(E) real market
Answer : (C)
332. Something that may be used, performed, or reproduced by anyone is said to be in the:
(A) real domain
(B) free domain
(C) real market
(D) open market
Answer : (E)
333. In Feist Publications v. Rural Telephone Service Co., involving the copying of white-page
telephone listings, the Supreme Court held that:
(A) the copying violated the valid copyright of the telephone company
(B) the copying violated the valid copyright of the telephone company only if there was commercial
gain by the copier
(C) copyright owners have moral rights in their copyrighted material that cannot be changed without
permission
(D) public facts not presented in an original manner cannot be copyrighted, so no violation
Answer : (D)
334. To register a copyright, you need not:
(A) pay a $35 fee
(B) fill out a registration form from the Copyright Office
(C) receive certification from the Registrar of Copyrights
(D) send two copies of the work to the Registrar of Copyrights
(E) you must do all of the other choices

Answer : (C)
335. To register a copyright, you must:
(A) pay a $35 fee
(B) prove origin of creation of the work
(C) receive certification from the Registrar of Copyrights
(D) provide 12 copies of the work for the Copyright Office
(E) you must do all of the other choices
Answer : (A)
336. Copyrights differ from patents in that:
(A) copyrights are not issued by the government
(B) copyrights have no legal significance
(C) copyrights are not something that can be challenged in court
(D) patents are not issued by the government
Answer : (A)
337. Which of the following is part of a notice of copyright:
(A) the circle-C (©)
(B) the year of first publication
(C) the name of the copyright owner
Answer : (D)
(A) the official name of the work
(B) proof of originality
(C) the name of the copyright owner

Answer : (C)
(C) the year of first publication
Answer : (C)
(C) the circle-C (©)
Answer : (C)
341. Which of the following factors is not relevant in considering whether a use of copyrighted
material is fair use not requiring payment?
(A) the purpose of the copying
(B) the nature of the copyrighted work
(C) the extent of the copying
(D) the effect of the copying on the market for the work
(E) none of the other choices; all are relevant
Answer : (E)
342. Which of the following factors is not relevant in considering whether a use of copyrighted
material is fair use not requiring payment?
(A) the purpose of the copying
(B) if the copyright is owned by a non-profit organization
(C) the extent of the copying
(D) the effect of the copying on the market for the work
(E) none of the other choices; all are relevant
Answer : (B)
343. The Copyright Act allows fair use of copyrighted material in which of the following:
(A) to produce a news report about the material
(B) to criticize the material
(C) to use the material in a research report
(D) a and c
(E) a, b and c
Answer : (E)
344. The Copyright Act allows fair use of copyrighted material in which of the following:
(A) to produce a news report about the material
(B) to criticize the material
(C) for teaching or scholarship
(D) for all of the other specific choices
(E) for none of the other choices unless permission is received
Answer : (D)
345. In New York Times Co. v. Tasini, involving the electronic database reproduction of previously
published newspaper articles, the Supreme Court held that:
(A) the publisher newspaper had the reproduction rights as derivative works
(B) the publisher newspaper had the reproduction rights since they were "works for hire"
(C) the article authors had the reproduction rights
(D) electronic reproduction is not subject to the Copyright Act

Answer : (C)
346. In New York Times Co. v. Tasini, involving the electronic database reproduction of previously
published newspaper articles, the Supreme Court held that:
(A) the publisher newspaper had the reproduction rights as derivative works
(B) the publisher newspaper had the reproduction rights since they were "works for hire"
(C) the publisher newspaper had the reproduction rights under the Copyright Term Extension Act of
1998
(D) electronic reproduction is not subject to the Copyright Act
Answer : (E)
347. A patent is good for:
(A) 14 years from date granted
(B) 17 years from date granted
(C) 20 years from time of application
(D) lifetime of the inventor plus 21 years
(E) 100 years
Answer : (C)
348. A patent is good for:
(A) 14 years from date granted
(B) 17 years from date granted
(C) 20 years from the date of issue
(D) lifetime of the inventor plus 21 years
Answer : (E)
349. A patent is good for 20 years from:
(A) the date granted
(B) the date the invention reaches the market

(C) the date the inventor began work on the invention
(D) the date the inventor began the patent filing process
Answer : (A)
350. A patent is good for 20 years from:
(A) the date a patent reviewer establishes
(B) the date the invention reaches the market
(C) the date the inventor began work on the invention
(D) the date the inventor began the patent filing process
Answer : (E)
351. A grant from the government conveying to and securing for an inventor the exclusive right to
make, use, and sell an invention is a:
(A) copyright
(B) patent
(C) trademark
(D) trade secret
Answer : (B)
352. A grant from the government conveying to and securing for an inventor the exclusive right to
make, use, and sell an invention is a:
(A) copyright
(B) goodwill
(C) trademark
(D) trade secret
Answer : (E)
353. A patent may not be issued for:
(A) a process
(B) a manufacture
(C) a composition of matter
(D) a theory
(E) it may be issued for any of the other choices
Answer : (D)
354. An invention must be which of the following to get a patent?
(A) genuine
(B) useful
(C) novel
(D) not obvious
(E) all of the other choices are necessary
Answer : (E)
355. An invention need not show which of the following to get a patent?
(A) genuine
(B) useful
(C) genius
(D) not obvious
(E) all of the other choices are necessary
Answer : (C)
356. Originality and novelty are key conditions for an invention:
(A) to be copyrighted
(B) to be sold
(C) to be patented
(D) to be traded in a free market

(E) to be trademarked
Answer : (C)
357. Originality and novelty are key conditions for an invention:
(A) to be copyrighted
(B) to be sold
(C) to be trademarked
(D) to be traded in a free market
Answer : (E)
358. The condition that patents must be for original inventions traces back to:
(A) the British experience with abusive patents granted by King James I to raise money
(B) the German experience with abusive patents granted by Adolf Hitler
(C) the American experience with abusive patents granted as favors for senators
(D) the New Zealand experience with an excessive number of patents being issued every year
Answer : (A)
359. If an invention was known or used by others in this country, or patented or described in a
printed publication in this or a foreign country, before the invention thereof by the applicant for
patent then:
(A) the invention can only be patented for 10 years
(B) the invention can only be patented for 5 years
(C) the invention cannot be patented without a 5 year grace period
(D) the invention cannot be patented
Answer : (D)
360. If an invention was known or used by others in this country, or patented or described in a
printed publication in this or a foreign country, before the invention thereof by the applicant for
patent then:
(D) the invention can only be patented in some states
Answer : (E)
361. If an invention was patented or described in a printed publication in this or a foreign country or
in public use of no sale in the country more than one year prior to the application for patent in the
United States then:
(B) the invention cannot be patented
Answer : (B)
362. If an invention was patented or described in a printed publication in this or a foreign country or
in public use of no sale in the country more than one year prior to the application for patent in the
United States then:
Answer : (E)
363. Many historians believe that the U.S. system of inexpensive, reliable patents:
(A) were detrimental to the U.S.'s efforts to become a major industrial power
(B) had no role in turning the country into a major industrial power
(C) played a major role in turning the country into a major industrial power
(D) were influential in bring about the two party political system
Answer : (C)
364. One advantage of a patent is that:
(A) the owner has exclusive rights to its use for the length of his life
(B) it never expires
(C) it provides strong legal protection for its life
(D) the owner may not be sued for 15 years
(E) it is automatically registered worldwide
Answer : (C)
365. One advantage of a patent is that:
(C) the owner may not be sued for 15 years
(D) it is automatically registered worldwide
Answer : (E)
366. Patents are particularly advantageous because:
(B) it provides strong legal protection for its life
Answer : (B)
367. Patents are particularly advantageous because:

Answer : (E)
368. Which of the following is a drawback to patents:
(A) the application process is technical
(B) the application process is expensive
(C) the application process is time-consuming
(D) the approval process usually takes about two years
Answer : (E)
(A) the application process is easy
(B) the application process is cheap
(C) the application process is not time-consuming
(D) the approval process usually takes about two years
Answer : (D)
(D) the application process is time-consuming

Answer : (D)
(D) the application process is expensive
Answer : (D)
(D) the application process is technical
Answer : (D)
373. Approximately what percentage of patent applications are approved:
(A) 10%
(B) 30%
(C) 50%
(D) 80%
(E) 99%
Answer : (C)
374. Approximately what percentage of patent applications are approved:
(A) 10%
(B) 20%
(C) 85%
(D) 100%
Answer : (E)
375. The Federal Circuit Court of Appeals has primary responsibility for reviewing which kinds of
cases:
(A) patent
(B) contract
(C) copyright
(D) trade secret
Answer : (A)
Supreme Court held that:
(A) Monsanto's patent only extended to seeds it sold so there was no infringement
(B) Monsanto's patented product could be sold with restrictions, which Bowman violated
(C) Monsanto's patent had expired by the time of the litigation, so the case was moot
(D) none of the other choices are correct
Answer : (B)
(A) Monsanto's patent only extended to seeds it sold so there was no infringement
(B) Monsanto's patented product could not be sold with restrictions on used
(D) Monsanto's patent had been incorrectly granted as it applied to genetic material

Answer : (E)
(A) Monsanto could prevent Bowman from making new patented seeds
(B) Monsanto's patented product could not be sold with restrictions on use
(D) Monsanto's patent had been incorrectly granted as it applied to genetic material
Answer : (A)
(A) Monsanto's patent failed for obviousness, so there was no fringement
(B) Monsanto's patent failed because it was prior art, so there was no infringement
(C) there was no infringement because the seeds were in the public domain
(D) none of the other choices
Answer : (D)
Supreme Court that Monsanto's patent:
(A) failed for obviousness, so there was no fringement
(B) failed because it was prior art, so there was no infringement
(C) was invalid because genetic material cannot be patented
(D) was infringed by Bowman, but there was no financial harm so the matter was moot

Answer : (E)
381. The World Intellectual Property Organization:
(A) helps reduce the cost of getting broad patent protection
(B) protects intellectual property based on a recent treaty
(C) helps to standardize patent protection globally
(D) none of the other choices
Answer : (E)
382. Intellectual property protection around the world is encouraged by:
(A) the World Intellectual Property Organization
(B) the World Intellectual Property Group
(C) the International Society for Intellectual Property Protection
(D) the United Nations
(E) the European Union
Answer : (A)
383. Intellectual property protection around the world is encouraged by:
(A) the European Union
(B) the World Intellectual Property Group
(C) the International Society for Intellectual Property Protection
(D) the United Nations
Answer : (E)
384. Unlike in the United States, in Europe patents for surgery methods:
(A) expire in 10 years
(B) cannot be obtained
(C) can be obtained only after a 5 year waiting period

(D) cost more than other types of patents
(E) are very common
Answer : (B)
385. Unlike in the United States, in Europe patents for surgery methods:
(A) expire in 10 years
(B) are very common
(C) can be obtained only after a 5 year waiting period
(D) cost more than other types of patents
Answer : (E)
386. Which of the following can be patented in the United States, but not in Europe:
(A) a surgery method
(B) a therapy method
(C) a new variety of corn
(D) a new variety of sheep
(E) none of the other specific choices may be patented in Europe
Answer : (E)
387. Trade secrets:
(A) are protected by having employees agree by contract not to divulge them
(B) must be confidential and not based on general knowledge gained in the course of employment
(C) include information not known by competitors, that if had by competitors would cause the
business to lose its advantage
(D) are protected by tort law
Answer : (E)
388. What is not true about trade secrets:

(A) they must be registered
(B) they must be confidential information
(C) they must include information valuable to competitors
(D) they must provide an advantage to the owner
(E) all of the other choices are true
Answer : (D)
389. Information that is not known by the competition and would cause a business to lose its
advantage if the competition obtained it and is protected from disclosure by the owner is:
(A) a trade secret
(B) a copyright
(C) an easement
(D) a bargaining chip
(E) a patent
Answer : (A)
390. Information that is not known by the competition and would cause a business to lose its
advantage if the competition obtained it and is protected from disclosure by the owner is:
(A) a patent
(B) a copyright
(C) an easement
(D) a bargaining chip
Answer : (E)
391. Which of the following is true of a trade secret:
(A) it is not known by the competition
(B) the business would lose its advantage if the competition were to obtain it
(C) the owner has taken reasonable steps to protect the secret from disclosure

Answer : (D)
(A) it is known by the competition
(B) it is copyrighted
(C) the owner has taken reasonable steps to protect the secret from disclosure
Answer : (C)
(A) it is not known by the competition
(C) the owner has not taken reasonable steps to protect the secret from disclosure
Answer : (A)
(A) the business would lose its advantage if the competition were to obtain it
(C) the owner has not taken reasonable steps to protect the secret from disclosure
Answer : (A)
395. The formula for Coca-Cola is:
(A) patented
(B) copyrighted
(C) a trade secret
(D) trade dress
(E) none of these
Answer : (C)
396. The formula for Coca-Cola is:
(A) patented
(B) copyrighted
(C) in the public domain
(D) trade dress
(E) none of these
Answer : (E)
397. Which of the following could be a trade secret?
(A) a mathematical formula
(B) a cake recipe
(C) list of clients
(D) all of the specific choices could be a trade secret
(E) none of the other choices could be a trade secret
Answer : (D)
398. In Bohnsack v. Varco, inventor Bohnsack discussed selling an invention to Varco for it
produce but no agreement was reached. Bohnsack later claimed Varco stole the idea and
filed for a patent on the idea. He sued. The courts held that:
(A) Varco's patent was invalid due to possible theft of information
(B) Bohnsack's invention was public information so was not a secret and could not be
patented
(C) Varco owed Bohnsack damages for misappropriation of a trade secret
(D) Bohnsack would collect treble damages under Wisconsin's Uniform Trade Secrets Act

Answer : (C)
399. In Bohnsack would collect treble damages under Wisconsin's Uniform Trade Secrets
Act
(A) Varco's patent was invalid due to possible theft of information
(B) Bohnsack's invention was public information so was not a secret and could not be
patented
(C) Varco owed Bohnsack damages for misappropriation of a trade secret
(D) Bohnsack would collect treble damages under Wisconsin's Uniform Trade Secrets
Answer : (E)
400. In Bohnsack v. Varco, inventor Bohnsack discussed selling an invention to Varco for it
produce but no agreement was reached. Bohnsack later claimed Varco stole the idea and
filed for a patent on the idea. He sued Varco for theft of trade secret. The appeals court held
that:
(A) a jury could find that Varco knowingly misappropriated a trade secret so owed damages
based on the value of the secret
(B) a reasonable jury could not find that Varco knew that the ideas Bahnsack provided were
considered trade secrets
(C) even if Varco stole trade secrets, Bahnsack did not show there was any market value in
his ideas, so there would be no damages
(D) even if Varco stole trade secrets, the information Bahnsack provided had not been
adequately protected so were in the public domain
Answer : (A)
401. Suppose a company steals a commercial trade secret from another company:
(A) there may be criminal prosecution under the Federal Trade Secrets Act
(B) there may be criminal prosecution under the Economic Espionage Act
(C) there may be criminal prosecution under the Trade Secret Protection Act
(D) there may be criminal prosecution under the American Economic Data Act
Answer : (B)
402. Under the ____ "whoever, with intent to convert a trade secret that is related to or included in a
product that is produced for or placed in interstate or foreign commerce to the economic benefit of
anyone other than the owner thereof, and intending or knowing that the offense will injure any
owner of that trade secret" is subject to prosecution.
(A) Trade Secret Protection Act
(B) Economic Protection Act
(C) International Patent Protection Act
(D) Economic Espionage Act
Answer : (D)
403. Under the ____ "whoever, with intent to convert a trade secret that is related to or included in a
product that is produced for or placed in interstate or foreign commerce to the economic benefit of
anyone other than the owner thereof, and intending or knowing that the offense will injure any
owner of that trade secret" is subject to prosecution.
(A) Trade Secret Protection Act
(B) Economic Protection Act
(C) International Patent Protection Act
(D) Federal Espionage Act
Answer : (E)
404. Chevaldina had a business dispute with Katz, a well-known real estate tycoon. Chevaldina had
a blog devoted to criticizing Katz's business practices. She found an unflattering photo of Katz and
posted it on the blog. Katz then obtained a copyright on the photo and sued Chevaldina for copyright
infringement for publishing the photo on the blog without permission. The appeals court held that
Katz had:
(A) no case; posting the photo on the blog was fair use.
(B) no case because the photo was posted on the blog before he obtained the copyright;
prior publication is protected.
(C) a strong case for copyright infringement because he notified Chevaldina of the copyright
and gave a reasonable amount of time for the protected photo to be removed.
(D) a clear case of copyright infringement as Chevaldina knew the photo was used without
permission.
(E) none of the other choices are correct.
Answer : (A)
405. Chevaldina had a business dispute with Katz, a well-known real estate tycoon. Chevaldina had
a blog devoted to criticizing Katz's business practices. She found an unflattering photo of Katz and
posted it on the blog. Katz then obtained a copyright on the photo and sued Chevaldina for copyright
infringement for publishing the photo on the blog without permission. The appeals court held that
Katz had:
(A) no case; posting the photo on the blog was considered "news" and involved a public
figure; in such instances publication may not be prevented.
(B) no case because the photo was posted on the blog before he obtained the copyright;
prior publication is protected.
(C) a strong case for copyright infringement because he notified Chevaldina of the copyright
and gave a reasonable amount of time for the protected photo to be removed.
(D) a clear case of copyright infringement as Chevaldina knew the photo was used without
permission.
Answer : (E)
406. Jin worked on technical developments for Motorola. One year she took a leave of absence to
return to her home country, China, to work for a year. After returning to Motorola, she downloaded
thousands of documents, many of which involved trade secrets. She bought a one-way ticket to
China and was arrested at the airport when she was about to go to China with the documents. She
was convicted of theft and sentenced to four years in prison. The court of appeals held that she was:
(A) improperly convicted as there was no evidence that the secrets had commercial value.
(B) improperly convicted as she had the right to access such materials as a Motorola
employee and had not delivered them to anyone else.
(C) improperly convicted because she had no knowledge that the information had national
security implications.
(D) properly convicted.
Answer : (D)
407. Jin worked on technical developments for Motorola. One year she took a leave of absence to
return to her home country, China, to work for a year. After returning to Motorola, she downloaded
thousands of documents, many of which involved trade secrets. She bought a one-way ticket to
China and was arrested at the airport when she was about to go to China with the documents. She
was convicted of theft and sentenced to four years in prison. The court of appeals held that she was:
(A) improperly convicted as there was no evidence that the secrets had commercial value.
(B) improperly convicted as she had the right to access such materials as a Motorola
employee and had not delivered them to anyone else.
(C) improperly convicted because she had no knowledge that the information had national
security implications.
(D) improperly convicted of trade secret theft but properly convicted of economic espionage
for a foreign country.
Answer : (E)

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Legal Environment of Business 13th

Edition Meiners Test Bank

2. Copyrights, trademarks and trade names are examples of intellectual property.

3. Intellectual property is also called intangible property.

4. Intellectual property is also called tangible property.

5. Intellectual property must be convertible to "practical use."

6. Intellectual property must "show evidence of original effort."

7. About 20,000 patents are issued annually.

8. About 200,000 patents are issued annually; half go to Americans.

9. More than a half-million copyrights are issued annually.

10. About half of all copyrights are issued for music.

11. Intellectual property includes patents and copyrights.

15. The Lanham Act helps provide trademark protection.

18. Traditionally, trademark protection was created by priority of use.

24. Trademarks must be registered physically, not over the Internet.

34. "Exxon" is an arbitrary and fanciful trademark.

35. "Chicken of the Sea" is an example of a suggestive trademark.

36. "Thermos" is a generic mark.

37. "Clorox" is a generic mark.

38. "Zipper" is an arbitrary and fanciful mark.

39. Since Holiday Inn is a descriptive mark, it receives no protection.

42. Suggestive trademarks are provided no legal protection.

44. A generic trademark receives no legal protection.

45. "Chicken of the Sea" is an example of a suggestive trademark.

46. A generic trademark is licensed to all firms in the same industry.

48. "Chicken of the Sea" is an example of a suggestive trademark.

49. "Chicken of the Sea" is an example of a suggestive trademark.

61. Dilution as a trademark violation applies primarily to famous marks.

63. Cybersquatting occurs when a trademark is used improperly in a domain name.

73. Counterfeiting of trademarks causes companies to lose money and reputation.

78. In case of counterfeiting, the only remedy is monetary damages.

81. The texture of a product may be protected by trademark law.

91. Service marks do not apply to goods.

93. A certification mark can identify location of the origin of a good.

99. The primary protection for trade names is common law.

101. Goodwill is a benefit of having an established business and loyal customers.

103. Over a half-million copyrights are registered each year.

104. Only books, and similar written material, may be copyrighted.

105. About 45,000 copyrights in total are registered each year.

120. Public facts presented in an original manner may be copyrighted.

138. There are utility patents and design patents.

139. Patents may be granted for processes.

141. Patents may be granted for theories that are proven.

142. Patents may be granted for compositions of matter.

143. Patents are public information.

145. The patent for the Coca-Cola formula expired in 1907.

(A) intangible property

(B) tangible property

(C) real property

(D) statutory property

(E) personal property

(A) tangible property

(B) real property

(D) personal property

(E) none of the other choices

166. Intangible property is property that:

(A) is invisible and impossible to hold

(B) is tangible and concrete

(C) is not taxable

(D) is not for sale