True-False Questions

5.         A patent holder must personally make use of the invention.

7.         An invention is "novel" if it is explained in book format.

8.         A trademark does not necessarily reveal the product's manufacturer.

15.      Once the Patent and Trademark Office issues a patent, a court may not find it invalid.

Multiple-Choice Questions

1.         Which of the following are defenses to patent-infringement claims?

            A.  noninfringement, invalidity of the patent, misuse of the patent, and innocent infringement

            B.  noninfringement, invalidity of the patent, fair use, and innocent infringement

            C.  noninfringement, fair use, misuse of the patent, and innocent infringement

            D.  Fair use, misuse of the patent, innocent infringement, and illegality of the patent

2.         Which of the following is true regarding remedies for patent infringement?

A.  The patent holder may seek preliminary and permanent injunctive relief and damages, as well as court costs and attorneys' fees.

B.  The patent holder may seek preliminary and permanent injunctive relief and damages, as well as court costs, but attorneys' fees are unavailable.

C.  The patent holder may seek permanent injunctive relief and damages, as well as court costs and attorneys' fees, but preliminary injunctive relief is unavailable.

D.  The patent holder may seek damages, as well as court costs and attorneys' fees, but injunctive relief is unavailable.

15.      An example of a fanciful trademark is

A.  Kodak

B.  Shell

C.  Tide

D.  Camel

16.      The duration of a copyright granted to a known individual, not a work done for hire, will be

A.  the life of the author plus 100 years.

B.  the life of the author plus 70 years.

C.  75 years after the first publication.

D.  100 years after the creation of the work.

17.      The term _____ is used to describe a nonpracticing entity that purchases one or more patents with the intent to enforce the patents against infringers, rather than to manufacture a patented product or supply a patented service.

A.  patent troll

B.  illegal user

C.  patent hoarder

D.  patent stasher

18.      Which of the following is an example of an arbitrary trademark?

A.  Camel

B.  Kodak

C.  Exxon

D.  Clorox

22.      When may a defendant be held liable for vicarious copyright liability?

            A.  So long as it can be shown that the defendant has the right and ability to control the infringer's acts.

            B.  So long as it can be shown that the defendant receives a direct financial benefit from the infringement.

C.  When he defendant has the right and ability to control the infringer's acts and receives a direct financial benefit from the infringement.

D.  Never because vicarious copyright liability is not recognized.

24.      Which of the following is considered in determining whether use of copyrighted material constitutes fair use?

A.  Only the amount of the work used.

B. (1) The amount of the work used, and (2) the economic effect of the use on the copyright owner.

            C.  (1) The economic effect of the use on the copyright owner, (2) the nature of the work used, and (3) the amount of the work used.

            D.  (1) The purpose and character of the use, (2) the economic effect of the use on the copyright owner, (3) the nature of the work used, and (4) the amount of the work used.

25.      Which of the following is not true regarding current U.S. copyright law?

A.  The material must be sufficiently original.

B.  Protection is automatic.

C.  Use of a copyright notice is required.

D.  Registration is not required.

28.      A defendant is not liable for trademark infringement if its use is ______ use, meaning that it uses the mark to talk about the mark itself.

            A.  comparative

            B.  transformative

            C.  unclear

            D.  nominative

Fact Pattern 11-1 (Questions 31-32 apply)

            Samantha develops a new type of comb that effectively removes loose dog hair and eliminates problems with shedding.  Samantha had never seen such a comb on the market and was very surprised when she received notification that she was being sued for patent infringement by the holder of a patent on a similar type of comb.  Samantha investigates and determines that the earlier patent was valid.  Her friend Harry, a first year law student told her that she could not be guilty of patent infringement because she was not aware of the earlier patent, and that she should proceed to at least sell the rest of her inventory.

31.      Refer to fact pattern 11-1.  Assuming the validity of the earlier patent, which of the following is true regarding Harry's statement that Samantha could not be guilty of patent infringement because she was unaware of the earlier patent when she began marketing her combs?

            A.  Harry was correct.

            B.  Harry was incorrect, and Samantha can be held liable for direct patent infringement.

            C.  Harry was incorrect, and Samantha can be held liable for indirect patent infringement.

            D.  Harry was incorrect, and Samantha can be held liable for contributory patent infringement.

32.      Refer to fact pattern 11-1.  Assuming the validity of the earlier patent, which of the following is true regarding Samantha's rights to legally continue selling the combs?

            A.  She should stop selling the combs immediately.

            B.  She may continue selling the combs until she sells the rest of her inventory, but she must then stop.

            C.  Since she was not aware of the earlier patent when she started marketing her combs, she can continue to sell the combs indefinitely without providing any royalties to the holder of the initial patent.

            D.  Since she was not aware of the earlier patent when she started marketing her combs, she can continue to sell the combs indefinitely, but she must pay reasonable royalties to the holder of the initial patent.

Fact Pattern 11-2 (Questions 33-34 apply)

Professor Peter enjoys using a small manual containing information on employment laws in his business law class.  The manual costs $100 and is published by We Publish book publishers.  Because Professor Peter wants to save his students some money, he copies the manual and has ABC Copy Store make copies for students.  Students are required to purchase the copies directly from the copy store.  Professor Prudence, who dislikes Peter because she believes he blocked her tenure application, hears about the deal and notifies the publishing company.  The publishing company demands that the process be stopped and prepares to seek damages.

33.      Refer to fact pattern 11-2.  Can Professor Peter be found guilty of copyright infringement?

            A.  No, he was engaged in fair use because of his involvement in education.

            B.  No, because he did not do the actual copying.

            C.  No, because he did not make a profit.

D.  It is likely that he would be found guilty of copyright infringement particularly since he arranged for copying of the entire manual, not limited sections. 

34.      Refer to fact pattern 11-2.  Can Copy Store be found guilty of copyright infringement?

            A.  No, because the use was for education and would be considered a fair use.

            B.  No, because Professor Peter ordered the copying, and the store was simply following directions.

            C.  Yes, copy stores can be found liable for copyright infringement for copying without obtaining permission.

D.  Yes, but only if the store failed to have Professor Peter agree to indemnify it for any alleged copyright infringement.

35.      Priscilla bought a new CD with her favorite Christmas music on it.  She promptly proceeded to copy it for 15 of her best friends, including Brenda, and provided it free of charge.  Unknown to Priscilla, Brenda's brother, Chris, was a member of the band.  When he found out how Brenda got the disk, he angrily called Priscilla and accused her of copyright infringement.  Is he correct that Priscilla is guilty of copyright infringement?

            A.  It is unlikely that Priscilla is guilty of copyright infringement because of the fair use doctrine.        

            B.  It is unlikely that Priscilla is guilty of copyright infringement because of the merger doctrine.

            C.  It is unlikely that Priscilla is guilty of copyright infringement because she did not charge her friends for the copies and did not mass produce the CD.

            D.  It is likely that Priscilla would be found guilty of copyright infringement.

36.      Mandy purchased a business law book and used it during her business law class.  She later loaned the book to Steven, and then to Christen.  Another student accused her of copyright violation and threatened to report her to the book publisher and also to her school's ethics board.  Did Mandy violate the copyright laws?

            A.  Yes.

            B.  No, because her loans would be covered by the fair use doctrine.

            C.  No, because her loans would be covered under the first sale doctrine.

            D.  No, because her loans would be covered under the equivalency doctrine