BUSINESS LAW EXAM 2 STUDY GUIDE UPDATED
ACTUAL QUESTIONS AND CORRECT ANSWERS
Question:
1. three main intellectual property avenues
Answer:
patent law
copyright law
trademark law
Question:
2. patent law
Answer:
protects udeful inventions
Question:
3. copyright law
Answer:
protects original expressions (print, music, video, other media)
Question:
4. trademark law
Answer:
protects the ability of firms to reap the rewards of a reputation for quality by
branding their products in a distinctive way
Question:
5. trademark infringment
Answer:
the owner of a trademark can sue a third party for the unauthorized use of a mark
Question:
6. to succeed in a trademark infiringment case
Answer:
the defendant infringed the plantiff's mark by using it in an unauthorized manner
Such use is likely to cause confusion or mistake, or to deceive the public as to the
orgin of the good or services
, Question:
7. a successful plaintiff can recover:
Answer:
1. The profits made by the infringer by the unauthorized use of the mark
2. Damages caused to the Plaintiff's business and reputation
3. An order requiring the defendant to destroy all goods of the unauthorized mark
4. An injunction preventing the defendant from such infringement in the future
Question:
8. registration of trademarks
Answer:
1. Register with the US Patent and Trademark Office in Washington, DC.
2. Original Registration of a mark is valid for 10 years.
3. Registrant can also use symbols in connection with a registered trademark
Question:
9. an applicant can register if
Answer:
it was in use in commerce (sale of good)
the applicant verifies a sincere intention to use the mark in commerce and does so
within 6 months of registration
failure to do so during this period causes loss of the trade mark to the registrant
Question:
10. the "mark"
Answer:
must be distinctive or have aquired a second meaning
Question:
11. marks that cannot be registered
Answer:
Flag or coat of arms of the United States
any state, municipality
foreign nation symbols
Question:
12. patent
Answer:
things you can touch
exclusively federal law
ACTUAL QUESTIONS AND CORRECT ANSWERS
Question:
1. three main intellectual property avenues
Answer:
patent law
copyright law
trademark law
Question:
2. patent law
Answer:
protects udeful inventions
Question:
3. copyright law
Answer:
protects original expressions (print, music, video, other media)
Question:
4. trademark law
Answer:
protects the ability of firms to reap the rewards of a reputation for quality by
branding their products in a distinctive way
Question:
5. trademark infringment
Answer:
the owner of a trademark can sue a third party for the unauthorized use of a mark
Question:
6. to succeed in a trademark infiringment case
Answer:
the defendant infringed the plantiff's mark by using it in an unauthorized manner
Such use is likely to cause confusion or mistake, or to deceive the public as to the
orgin of the good or services
, Question:
7. a successful plaintiff can recover:
Answer:
1. The profits made by the infringer by the unauthorized use of the mark
2. Damages caused to the Plaintiff's business and reputation
3. An order requiring the defendant to destroy all goods of the unauthorized mark
4. An injunction preventing the defendant from such infringement in the future
Question:
8. registration of trademarks
Answer:
1. Register with the US Patent and Trademark Office in Washington, DC.
2. Original Registration of a mark is valid for 10 years.
3. Registrant can also use symbols in connection with a registered trademark
Question:
9. an applicant can register if
Answer:
it was in use in commerce (sale of good)
the applicant verifies a sincere intention to use the mark in commerce and does so
within 6 months of registration
failure to do so during this period causes loss of the trade mark to the registrant
Question:
10. the "mark"
Answer:
must be distinctive or have aquired a second meaning
Question:
11. marks that cannot be registered
Answer:
Flag or coat of arms of the United States
any state, municipality
foreign nation symbols
Question:
12. patent
Answer:
things you can touch
exclusively federal law
