Is a patent application allowed to have both a patent and a trade secret in the same information?

Multiple Choice

• Yes, businesses often apply for both patent and trade secret protection.
• No, because they protect different types of information.
• No, because the information must be kept secret for trade secret protection while the information for a patent is disclosed in the application.
• Maybe, it depends on the type of underlying information being protected.

Which of the following is not a defense to patent infringement?

Multiple Choice

• Fair use is not a defense to patent infringement.
• The patent is invalid because the invention is obvious.
• The patent is invalid because the invention was previously known.
• The patent is invalid because the invention is useless.
• All of these are defenses to patent infringement.

Which of the following forms of intellectual property protects brand logos or short slogans?

Multiple Choice

• Trademark
• Patent law
• Trade secrets
• Design patents
• copyrights

Fair use of a registered trademark is allowed by the _____ and relates to a discussion, criticism, or parody of the trademark, the product, or its owner.

Multiple Choice

• Anti-Cybersquatting Consumer Protection Act of 1999
• Trademark Dilution Revision Act of 2006
• Federal Trademark Dilution Act of 1995
• Central Labor Act
• Lanham Act

In order to obtain a _____, the owner must disclose how to make and use the invention.

Multiple Choice

• patent
• copyright
• trademark
• trade secret
• tradecraft

The courts have been explicit that the use of a rival's trademark in comparative advertising is:

Multiple Choice

• a fair use.
• a patented use
• a copyright.
• a prohibited practice.
• an illegal practice.

Which of the following is true regarding defense to trademark infringement?

Multiple Choice

• One defense to trademark infringement is that the mark is not descriptive or generic.
• One defense to trademark infringement is that the mark is not distinctive.
• The defendant argues that the mark has become invalid since its trademarking.
• One defense to trademark infringement is that the use is an "unfair use."
• The defendant argues that using a rival's trademark in comparative advertising is illegal.

Hungry Hogs, a hot dog joint uses a green monster as its brand logo. Which intellectual property should the firm acquire to protect its brand logo?

Multiple Choice

• Trade craft
• Trademark
• Copyright
• Trade secret
• Patent

Which of the following is true about fair use?

Multiple Choice

• It relates to a discussion, criticism, or parody of the trademark or the product.
• It relates to a discussion but not a criticism of the trademark.
• The use of a rival's trademark in comparative advertising is not considered a fair use.
• It is allowed by the Federal Trademark Dilution Act of 1995.
• It is allowed in a text book or on the Internet, but not in the news media.