PLST 420 LU Patented Invention & Patent Infringement Actions Exam Practice
Owen will allow Lauren to use Owen’s patented invention west of the Mississippi. No other party will be given rights to use the invention in this territory. This arrangement is called a(n) .
In many cases, a single experimental use of a patented device is considered de minimis and is thus not infringement.
All patent infringement actions must be brought in federal court.
A company is required to undertake extreme measures to protect its trade secrets.
Licenses of patents are not usually recorded with the USPTO.
Trade secrets can consist of nearly any type of information, so long as it provides its owner with a competitive advantage.
Recording of a patent assignment is not required.
An advertisement must be literally false (not merely implicitly false) to constitute false advertising.
In the United States, it is illegal for consumers to buy counterfeit goods.
An exaggerated, subjective statement or vague boast that is not actionable as false advertising (e.g., “Our cake is the best in the world!”) is called .
An assignment of a patent may be oral.
One must show actual dilution of a mark to prevail in a dilution action (and not merely likelihood of dilution).
Only nationally famous marks are protected against dilution.
Unless a patent is infringed “literally,” there can be no infringement.
Only celebrities may bring an action for invasion of their right to publicity.
Under the doctrine of , employees have been prevented from working for other companies, on the basis that it is natural that they will ultimately share information learned at their previous employer’s place of business.
The use of a person’s likeness for satire or parody is protected under the fair use doctrine and is not an invasion of the right of publicity.
For persons to be joint inventors, each must make some contribution to each claim.
If properly protected, trade secrets can last indefinitely.
a. True
b. False
a. True
b. False
a. True
b. False
a. True
b. False
a. True
b. False
a. True
b. False
a. True
b. False
a. True
b. False
a. True
b. False
a. True
b. False
a. True
b. False
a. True
b. False
a. True
b. False
a. True
b. False
a. True
b. False
a. True
b. False
20.Trade dress can be registered as a trademark with the USPTO.
a. True
b. False
21.Trade secrets can only be protected by written agreement.
a. True
b. False
22.Under the , once you buy a patented object, you may later resell it to another or give it away.
23.Liability for patent infringement can occur even if the accused did not know of the existence of the patent.
a. True
b. False
24.The total image and overall appearance of a product or service is protectable as .
25.If an employee is specifically hired to solve a certain problem and an invention results, the employer will be the owner of the invention, even if the parties had no agreement regarding ownership of the invention.
a. True
b. False
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