BUL 4310 Final Exam Review Questions
and Answers
Likelihood of confusion - Answer-When two marks are likely to be assumed that they come from the
same source.
Will only exist if the goods/services are in fact related.
Even if two marks are found to be confusingly similar the likelihood of confusion will only exist
Trademark abandonment - Answer-A registered trademark that has not been used for 3 consecutive
years or it has been used improperly
Example: Excessive licensing, owner reassigns rights to another party but fails to maintain control of
proper use, genericism.
Cease and desist notice - Answer-An administrative or judicial order prohibiting. person or business firm
from conducting activities that an agency or court has deemed illegal
Real value of intellectual property (IP) - Answer-IP value is the strategic advantage gained by excluding
others from using their intellectual property.
70% of asset value of publicly traded organizations is intellectual property.
What is the most rapidly growing form of international business? - Answer-Transferring intellectual
property
,Trade secret - Answer-Information or process that gives a business an advantage over competitors who
do not know the information
Example: Customer lists, plans, production techniques, etc.
Trade dress - Answer-The image and overall appearance of a product
Example: Distinctive decor, menu, layout, and style of a particular restaurant
How long is copyright protection? - Answer-For the life of the author plus 70 years
Are movies copyrighted? - Answer-Yes
What is actually copyrighted? - Answer-A fixed tangible, durable medium.
Example: Literary works, music, choreography, movies, sculpture work, etc.
Can you copyright an idea? - Answer-No
What law protects trademarks in the U.S.? - Answer-Lanham Act of 1946 - likelihood of confusion
Trademark dilution statute - protects famous marks even if there is no likelihood of confusion
Can you copyright a made up word? - Answer-No, but you can trademark it
What happens to the intellectual property when a patent expires? - Answer-The product or process
enters the public domain, and anyone can make, sell, or use the invention without paying the patent
holder
, Exclusionary value of intellectual property - Answer-The strategic advantage gained by excluding others
from using the IP. Exclusionary rights must be strategically aligned with your business objectives in order
to be valuable
What gives a person a right to use a trademark? - Answer-The person must ask the owner for
permission and possibly pay a licensing fee plus signing a licensing agreement.
Under the fair use exception anyone can use a trademarked mark or symbol without the permission of
the owner, but only if it is used nominatively for limited purposes as a constitutional right under the first
amendment.
Sovereignty - Answer-The quality of having independent authority over a geographic area.
Example: State governments have the authority to regulate affairs within their borders
According to the statute of the International Court of Justice, what are the primary sources of
international law? - Answer-Customary law - evidence of a general practice accepted as law
Treaties
International organizations - organizations composed mainly of officials of member nations. ex.
European Union
Does a treaty become law in the U.S.? - Answer-Yes, they are the supreme law of the land
Who can enter into (negotiate and sign) a treaty, according to Article II of the U.S. Constitution? -
Answer-Only the president with the advice and consent of the senate (2/3 of the senate agrees)
Primary sources of law in an Islamic system - Answer-Qu'ran
Sunnah
What is the Arabic word for Islamic law? - Answer-Sharia
and Answers
Likelihood of confusion - Answer-When two marks are likely to be assumed that they come from the
same source.
Will only exist if the goods/services are in fact related.
Even if two marks are found to be confusingly similar the likelihood of confusion will only exist
Trademark abandonment - Answer-A registered trademark that has not been used for 3 consecutive
years or it has been used improperly
Example: Excessive licensing, owner reassigns rights to another party but fails to maintain control of
proper use, genericism.
Cease and desist notice - Answer-An administrative or judicial order prohibiting. person or business firm
from conducting activities that an agency or court has deemed illegal
Real value of intellectual property (IP) - Answer-IP value is the strategic advantage gained by excluding
others from using their intellectual property.
70% of asset value of publicly traded organizations is intellectual property.
What is the most rapidly growing form of international business? - Answer-Transferring intellectual
property
,Trade secret - Answer-Information or process that gives a business an advantage over competitors who
do not know the information
Example: Customer lists, plans, production techniques, etc.
Trade dress - Answer-The image and overall appearance of a product
Example: Distinctive decor, menu, layout, and style of a particular restaurant
How long is copyright protection? - Answer-For the life of the author plus 70 years
Are movies copyrighted? - Answer-Yes
What is actually copyrighted? - Answer-A fixed tangible, durable medium.
Example: Literary works, music, choreography, movies, sculpture work, etc.
Can you copyright an idea? - Answer-No
What law protects trademarks in the U.S.? - Answer-Lanham Act of 1946 - likelihood of confusion
Trademark dilution statute - protects famous marks even if there is no likelihood of confusion
Can you copyright a made up word? - Answer-No, but you can trademark it
What happens to the intellectual property when a patent expires? - Answer-The product or process
enters the public domain, and anyone can make, sell, or use the invention without paying the patent
holder
, Exclusionary value of intellectual property - Answer-The strategic advantage gained by excluding others
from using the IP. Exclusionary rights must be strategically aligned with your business objectives in order
to be valuable
What gives a person a right to use a trademark? - Answer-The person must ask the owner for
permission and possibly pay a licensing fee plus signing a licensing agreement.
Under the fair use exception anyone can use a trademarked mark or symbol without the permission of
the owner, but only if it is used nominatively for limited purposes as a constitutional right under the first
amendment.
Sovereignty - Answer-The quality of having independent authority over a geographic area.
Example: State governments have the authority to regulate affairs within their borders
According to the statute of the International Court of Justice, what are the primary sources of
international law? - Answer-Customary law - evidence of a general practice accepted as law
Treaties
International organizations - organizations composed mainly of officials of member nations. ex.
European Union
Does a treaty become law in the U.S.? - Answer-Yes, they are the supreme law of the land
Who can enter into (negotiate and sign) a treaty, according to Article II of the U.S. Constitution? -
Answer-Only the president with the advice and consent of the senate (2/3 of the senate agrees)
Primary sources of law in an Islamic system - Answer-Qu'ran
Sunnah
What is the Arabic word for Islamic law? - Answer-Sharia
