Q&A Hero

Q: Many of the developing countries require that the local partner of a joint venture has minority equity control of the venture.

Q: Creation of a foreign subsidiary eliminates the risk to a domestic parent firm.

Q: The notion of sovereign immunity has always been, and continues to be, absolute in its application.

Q: By using a letter of credit, a buyer need not pay a seller for goods prior to shipment and the seller can obtain payment for the goods immediately upon shipment.

Q: The Convention on the International Sale of Goods resolves all areas of contract law.

Q: If a buyer from United States enters into a trade deal with a seller from Costa Rica, and an irrevocable letter of credit is involved, the issuing bank will be located in Costa Rica.

Q: In an international sales transaction, an issuing banks commitment to pay is given to the seller directly in the case of a letter of credit.

Q: The use of irrevocable letters of credit does not have any effect on reducing uncertainties in international transactions.

Q: Under the Convention on the International Sale of Goods (CISG), parties are not allowed to negotiate contract terms and cannot opt out of the CISG.

Q: The Central America-Dominican Republic Free Trade Agreement is designed to eliminate the barriers on products trades between its member countries.

Q: If a commercial seller in the United States contracts for the sale of goods with a company from a country that has adopted the Convention on the International Sale of Goods, then the parties are not subject to local laws and customs.

Q: The Convention on the International Sale of Goods provides that in contract negotiations an acceptance that contains new provisions that materially alter the terms of the offer becomes part of a contract.

Q: The Convention on the International Sale of Goods makes it harder to disclaim warranties on goods than under traditional U.S. law.

Q: The World Trade Organization does not have the power to hear disputes involving member states.

Q: The World Trade Organization is the only global international trade organization dealing with the rules of trade between nations.

Q: The European Union is solely a political partnership among 28 democratic European countries.

Q: Public international law examines relationships created by commercial transactions.

Q: The power of a government to take private property, the power of eminent domain, is not subject to any restraint.

Q: Under U.S. law, a firm or individual can compel the U.S. government to press a claim on its behalf before the International Court of Justice.

Q: A country may choose to accept the International Court of Justices jurisdiction only when the use of the Court may suit its own interests.

Q: The International Court of Justice has been a major force in settling disputes since it began functioning in 1946.

Q: The World Trade Organization requires countries to downgrade their intellectual property laws to protect patents and copyrights.

Q: The U.S. export control system currently is regulated by the Department of State and the Department of Commerce under authority provided by the Export Administration Act and the Arms Export Control Act.

Q: Discuss the Federal Trademark Dilution Act.

Q: Discuss distinctiveness as a function of a trademark.

Q: What is a trade dress?

Q: How does the law deal with cases where people attempt to register domain names containing well-known trademarks that do not belong to them?

Q: The conduct that violates the antibribery provisions of the Foreign Corrupt Practices Act may also give rise to a private cause of action for treble damages under the Racketeer Influenced and Corrupt Organizations Act.

Q: What is an infringement?

Q: Coca-Cola Co. has restricted employees at soda fountains from giving other colas when a customer asks for a "Coke." What is the reason for this decision?

Q: What does it mean for a trademark to become generic? Give some examples of trademarks that have become generic.

Q: Discuss "fair use" in the context of trademarks and copyrights.

Q: What defenses can a defendant present to win a trademark infringement lawsuit?

Q: Discuss the various types of trademarks.

Q: Under what circumstances will the Patent and Trademark Office (PTO) deny registration of a trademark?

Q: What is secondary meaning?

Q: How does the Patent and Trademark Office (PTO) determine that the proposed trademark is not similar to or owned by someone else?

Q: How is the registration of descriptive terms or a persons name done?

Q: What are trademarks?

Q: How is the nonobvious standard in an invention measured?

Q: Discuss patent trolls.

Q: Explain the characteristics that an invention should have in order to be patentable.

Q: What is the duration of a patent that represents a property?

Q: Explain the process for obtaining a patent.

Q: What happens when a patent expires?

Q: What happens if an individual infringes a patent?

Q: Possible civil remedies for violation of the Digital Millennium Copyright Act can include ______. A. consequential damages B. actual and punitive damages C. actual damages and injunction D. double actual damages E. compensatory damages

Q: It has been estimated that intangible assets represent a significant portion of the total assets of many large U.S. companies. Name the different kinds of intangible assets businesses might possess.

Q: What is a trade secret and what must a company do to have enforceable rights to protect a trade secret?

Q: How does the law define misappropriation in case of trade secret violation?

Q: What is an injunction?

Q: Can misappropriation of trade secrets result in criminal prosecution?

Q: In determining whether a particular use is a fair one, a court will consider ______. B. the amount of profit expected by the user claiming the fair use E. the degree of damage caused

Q: ______ is a form of expression that criticizes by poking fun at something through exaggeration. A. Parody B. Novation C. Copyright D. Misrepresentation E. Infringement

Q: Which of the following is true of the Digital Millennium Copyright Act? A. It protects a mark used by someone other than the owner to certify the quality, point of origin, or other characteristics of goods or services. B. It provides a remedy of statutory damages and transfer of a famous trademark domain name to its owner if it was registered in "bad faith." C. It prevents circumvention of technological access protections for such digital products such as computer software and compact disks. D. It prohibits household consumers from using a mark the same as or similar to another's "famous" trademark so as to dilute its significance, reputation, and goodwill.

Q: A. royalty B. revocation C. injunction D. novelty E. commission

Q: A trademark becomes ______ when, through the owners actions or anothers inappropriate use, the mark becomes synonymous in the consumers mind with the name of the goods or services. A. infringed C. generic D. distinctive E. substituted

Q: According to the Lanham Act of 1946, which of the following is a mark representing membership in a certain organization or association? A. certification mark B. product mark C. service mark D. collective mark E. secondary mark

Q: A. It deals with invention that is original, nonobvious, and a novelty. B. It protects ideas and facts. D. It protects original, creative expression. E. It protects inventors rather than authors.

Q: The fair use of a registered trademark defense was established in the ______. A. Lanham Act B. Federal Trademark Dilution Act C. Economic Espionage Act D. Sarbanes-Oxley Act E. Consumer Protection Act

Q: Which of the following protects a "famous" trademark, even if the owner is unable to prove that the public is confused by another's use of a similar mark, and provides the owner with the infringer's profits and actual damages? A. The Lanham Act B. The Consumer Protection Act C. The Trademark Trial and Appeal Board D. The Robinson-Patman Act E. The Federal Trademark Dilution Act

Q: As part of the trademark application process, the Patent and Trademark Office places a proposed mark in the ______, which gives existing mark owners notice and allows for objection. A. Official Gazette B. Federal Register C. legal section of major newspapers D. congressional record E. Principal Register

Q: A ______ refers to a public meaning that is different from its meaning as a person's name or as a distinctive term, a public meaning that makes the name or term distinctive. A. primary meaning B. secondary meaning C. trade meaning D. principal meaning E. supplemental meaning

Q: For a name to be trademarked, ______. A. it must be listed on the Principal Register for five years without being challenged B. it must be listed on the Supplemental Register for five years and have acquired a secondary meaning C. it must be listed without restrictions and the trademark owner must notify the Patent and Trademark Office (PTO) every year that the trademark is still in use D. the Patent and Trademark Office (PTO) will deny descriptive terms for trademark protection under any circumstance. E. it must be listed on the principal register for one year and on the secondary register for five years.

Q: Which of the following is a defense to a charge of trademark infringement? A. The statutory period protecting the trademark has expired. B. There is a good chance of the public being confused. C. The use is a fair use. D. The mark is distinctive. E. The mark or symbol is considerably different.

Q: Civil violation of a trademark or a patent is termed ______. A. breach B. infringement C. repudiation D. copy E. injunction

Q: Which of the following is actually intended to be used by someone other than the owner? A. certification marks B. collective marks C. service marks D. trademarks E. brand marks

Q: A school's seal and logo are examples of which type of intellectual property? A. service marks B. certification marks C. collective marks D. patents E. brand marks

Q: Which of the following is true of trade dress? A. It refers to the utility and nonobviousness of an invention. B. It can be protected under law even without a registration. C. It is another form of a patent troll. E. It usually excludes distinctive store decorating motifs.

Q: ______ refers to a colored design or shape associated with a product or service. A. Patent B. Trade dress C. Copyright D. Trademark E. Blurring

Q: When you purchase an item from Globus Corp., they place the item in a paper bag with handles and vertical yellow, blue, and white stripes. Even without seeing the words Globus Corp. on the bag, many people recognize that the purchase is from Globus. The bag's coloring and design is considered its ______. A. trade dress B. certification mark C. collective mark D. service mark E. trademark

Q: Radford School is certified by the United Federation of Planets Academy of Business and Managements Schools. The icon of the school used on its website has the words "Member of UFPABMS." This icon is a ______. A. service mark B. brand mark C. trademark D. promotion mark E. collective mark

Q: Hillward Bakers Inc. has been using a logo with the letters HB in blue color and a baker's hat above these letters since its inception ten years ago. This logo has since been connected with Hillward Bakery by its customers. Hobert Bakers Inc., a newly opened bakery and confectionary chain, uses the same logo. Hillward has not registered its logo, but chooses to sue Hobert. Which of the following is true of this case? A. Hillward cannot sue Hobert since the logo has not been registered as a trademark. B. Hillward can sue Hobert since the logo has been used by Hillward and is associated with it. C. Hobert can defend that Hillward created something that lacks utility and cannot be trademarked. D. Hobert can defend that Hillward created something that was very obvious. E. Hillward cannot sue Hobert because logos cannot be patented or trademarked.

Q: Which of the following is true of a trademark? A. A trademark is a form of legal and civil property. B. One can have rights in a trademark only if he or she has registered it. C. If a trademark is unregistered, it is open for public use. D. A trademark is firmly associated with an inventive act and excludes others from making, using, or selling the invention. E. Owners can sue for infringement and claim rights on a trademark even if they have not registered it.

Q: Which of the following is a function of a trademark? A. obviousness B. utility C. distinctiveness D. certification E. guarantee

Q: The Nike swoosh and McDonalds golden arches are examples of which type of intellectual property? B. patent C. certification mark D. trademark E. novelty

Q: Which of the following is an instance of trademark infringement? A. Intentional use of the owner's mark B. an accidental design of one's own mark too similarly to another's C. invention that produces surprising and unexpected results D. an act of disclosing information that one had a duty to keep secret E. an act of improperly acquiring secret information through burglary, espionage or computer hacking

Q: The one-year grace period applies to ______ law. A. trademark B. patent D. trade secret E. collective mark

Q: Which of the following is true in case a patent expires? A. It comes under the purview of the Supreme Court to restrict its use in public. B. It is in the public domain and others may use it without limitations. C. It is put aside for someone else to acquire. D. It will be reviewed and reassigned to the same owner. E. It will be declared as null and void and the invention will be declared useless.

Q: In the context of trademarks, which of the following is otherwise known as recognizability? A. distinctiveness B. nonobviousness C. novelty D. utility E. preemption