BUL 5810 - WOODYARD - FSU - EXAM 2
What is a trade secret? - Answer -Commercially valuable. secret information.
What protection is afforded to a trade secret? - Answer -Under State and Federal law,
the owner of a trade secret may obtain damages or injunctive relief when the trade
secret is misappropriated (wrongfully used) by an employee or a competitor; under
Federal law, criminal penalties are imposed for the theft of trade secrets.
What is a trademark? - Answer -A distinctive symbol, word, or design that is used to
identify the manufacturer.
What is a service mark? - Answer -A distinctive symbol, word, or design that is used to
identify a provider's services.
What is a certification mark? - Answer -A distinctive symbol, word, or design that is
used with goods or services to certify specific characteristics.
What is a collective mark? - Answer -A distinctive symbol used to indicate membership
in an organization.
What does it mean for a mark to be registered? - Answer -Protected by the Lanham
Act; must be distinctive and not immoral, deceptive, or scandalous.
Infringement occurs when: - Answer -A person without authorization uses a
substantially indistinguishable mark that is likely to cause confusion, mistake, or
deception.
The Lanham Act provides the following remedies for infringement: - Answer -1.
Injunctive relief
2. Profits
3. Damages
4. Destruction of Infringing Articles
5. Costs
6. Attorney's fees (in exceptional cases)
What is a trade name? - Answer -Any name used to identify a business, vocation, or
occupation.
T or F: Trade names may not be registered under the Lanham Act, but infringement is
prohibited. - Answer -True
What remedies are available for infringement of trade names? - Answer -Damages and
injunctions.
,The exclusive right, usually for the Author's life plus 70 years, to original works of
authorship is known as: - Answer -Copyright
T or F: Registration of copyrights is required and provides additional remedies for
infringement. - Answer -False (not required)
Copyright protection provides the exclusive right to: - Answer -1. Reproduce the
copyrighted work
2. Prepare derivative works based on the work
3. Distribute copies of the work
4. Perform or display the work publicly
The owner of a copyrighted work is usually the: - Answer -Author
T or F: Ownership of a copyrighted work may be transferred in whole or in part. -
Answer -True
What constitutes infringement of a copyright? - Answer -When someone exercises the
copyright owner's rights without authorization.
If infringement of a copyright occurs AFTER registration, the following remedies are
available: - Answer -1. Injunction
2. Impoundment and possible destruction of infringing articles
3. Actual damages plus profits or statutory damages
4. Costs
5. Criminal penalties
A patent is: - Answer -The exclusive right to an invention for twenty years from the date
of application for utility and plant patents; fourteen years from grant for design patents.
To be patentable, the innovation must be: - Answer -1. Novel
2. Useful
3. Not obvious
When are patents issued? - Answer -Upon application to and and examination by the
U.S. Patent and Trademark Office.
When does infringement of a patent occur? - Answer -When anyone without permission
makes, uses, or sells a patented invention.
Remedies for patent infringement include: - Answer -1. Injunctive relief
2. Damages
3. Treble damages, where appropriate
4. Attorneys' fees
5. Costs
, International Law includes: - Answer -Law that deals with the conduct and relations of
nation states and international organizations as well as some of their relations with
persons; such law is enforceable by the courts of a nation that has adopted the
international law as domestic law.
The judicial branch of the United Nations having voluntary jurisdiction over nations is
the: - Answer -International Court of Justice
What are Regional Trade Communities? - Answer -International organizations,
conferences, and treaties focusing on business and trade regulation; the European
Union (EU) is the most prominent of these.
What are International Treaties? - Answer -Agreements between or among
independent nations, such as the General Agreement on Tariffs and Trade (GATT), now
called the World Trade Organization (WTO), and the United Nations Convention on the
Law of the Sea (UNCLOS).
What is the World Trade Organization (WTO)? - Answer -A global international
organization dealing with the rules of trade among nations
What establishes a comprehensive set of rules governing all uses of the oceans and
their resources? - Answer -United Nations Convention on the Law of the Sea
(UNCLOS)
A foreign country's from a host country's laws is known as: - Answer -Sovereign
Immunity
The rule that a court should not question the validity of actions taken by a foreign
government in its own country is the: - Answer -Act of State Doctrine
Expropriation is: - Answer -The governmental taking of foreign-owned property for a
public purpose and with payment of just compensation.
Confiscation is: - Answer -The governmental taking of foreign-owned property without
payment (or for a highly inadequate payment) or for a nonpublic purpose.
Flow of trade is controlled by: - Answer -trade barriers on exports and imports.
A duty or tax imposed on goods moving into or out of a country is known as a: - Answer
-Tariff
Nontariff barriers include: - Answer -Quotas, bans, safety standards, and subsidies.
Flow of labor is controlled through: - Answer -Passport, visa, and immigration
regulations.
What is a trade secret? - Answer -Commercially valuable. secret information.
What protection is afforded to a trade secret? - Answer -Under State and Federal law,
the owner of a trade secret may obtain damages or injunctive relief when the trade
secret is misappropriated (wrongfully used) by an employee or a competitor; under
Federal law, criminal penalties are imposed for the theft of trade secrets.
What is a trademark? - Answer -A distinctive symbol, word, or design that is used to
identify the manufacturer.
What is a service mark? - Answer -A distinctive symbol, word, or design that is used to
identify a provider's services.
What is a certification mark? - Answer -A distinctive symbol, word, or design that is
used with goods or services to certify specific characteristics.
What is a collective mark? - Answer -A distinctive symbol used to indicate membership
in an organization.
What does it mean for a mark to be registered? - Answer -Protected by the Lanham
Act; must be distinctive and not immoral, deceptive, or scandalous.
Infringement occurs when: - Answer -A person without authorization uses a
substantially indistinguishable mark that is likely to cause confusion, mistake, or
deception.
The Lanham Act provides the following remedies for infringement: - Answer -1.
Injunctive relief
2. Profits
3. Damages
4. Destruction of Infringing Articles
5. Costs
6. Attorney's fees (in exceptional cases)
What is a trade name? - Answer -Any name used to identify a business, vocation, or
occupation.
T or F: Trade names may not be registered under the Lanham Act, but infringement is
prohibited. - Answer -True
What remedies are available for infringement of trade names? - Answer -Damages and
injunctions.
,The exclusive right, usually for the Author's life plus 70 years, to original works of
authorship is known as: - Answer -Copyright
T or F: Registration of copyrights is required and provides additional remedies for
infringement. - Answer -False (not required)
Copyright protection provides the exclusive right to: - Answer -1. Reproduce the
copyrighted work
2. Prepare derivative works based on the work
3. Distribute copies of the work
4. Perform or display the work publicly
The owner of a copyrighted work is usually the: - Answer -Author
T or F: Ownership of a copyrighted work may be transferred in whole or in part. -
Answer -True
What constitutes infringement of a copyright? - Answer -When someone exercises the
copyright owner's rights without authorization.
If infringement of a copyright occurs AFTER registration, the following remedies are
available: - Answer -1. Injunction
2. Impoundment and possible destruction of infringing articles
3. Actual damages plus profits or statutory damages
4. Costs
5. Criminal penalties
A patent is: - Answer -The exclusive right to an invention for twenty years from the date
of application for utility and plant patents; fourteen years from grant for design patents.
To be patentable, the innovation must be: - Answer -1. Novel
2. Useful
3. Not obvious
When are patents issued? - Answer -Upon application to and and examination by the
U.S. Patent and Trademark Office.
When does infringement of a patent occur? - Answer -When anyone without permission
makes, uses, or sells a patented invention.
Remedies for patent infringement include: - Answer -1. Injunctive relief
2. Damages
3. Treble damages, where appropriate
4. Attorneys' fees
5. Costs
, International Law includes: - Answer -Law that deals with the conduct and relations of
nation states and international organizations as well as some of their relations with
persons; such law is enforceable by the courts of a nation that has adopted the
international law as domestic law.
The judicial branch of the United Nations having voluntary jurisdiction over nations is
the: - Answer -International Court of Justice
What are Regional Trade Communities? - Answer -International organizations,
conferences, and treaties focusing on business and trade regulation; the European
Union (EU) is the most prominent of these.
What are International Treaties? - Answer -Agreements between or among
independent nations, such as the General Agreement on Tariffs and Trade (GATT), now
called the World Trade Organization (WTO), and the United Nations Convention on the
Law of the Sea (UNCLOS).
What is the World Trade Organization (WTO)? - Answer -A global international
organization dealing with the rules of trade among nations
What establishes a comprehensive set of rules governing all uses of the oceans and
their resources? - Answer -United Nations Convention on the Law of the Sea
(UNCLOS)
A foreign country's from a host country's laws is known as: - Answer -Sovereign
Immunity
The rule that a court should not question the validity of actions taken by a foreign
government in its own country is the: - Answer -Act of State Doctrine
Expropriation is: - Answer -The governmental taking of foreign-owned property for a
public purpose and with payment of just compensation.
Confiscation is: - Answer -The governmental taking of foreign-owned property without
payment (or for a highly inadequate payment) or for a nonpublic purpose.
Flow of trade is controlled by: - Answer -trade barriers on exports and imports.
A duty or tax imposed on goods moving into or out of a country is known as a: - Answer
-Tariff
Nontariff barriers include: - Answer -Quotas, bans, safety standards, and subsidies.
Flow of labor is controlled through: - Answer -Passport, visa, and immigration
regulations.
