describe a nonpracticing entity that purchases one or more patents with the intent to enforce the patents against infringers,

LEGAL BUSINESS 100 MANAGEMENT AND THE LEGAL ENVIRONMENT CHAPTER 11 AND 15

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Question 1

A ______ is used in conjunction with services.

Answer

 

certification mark

 

trademark

 

service mark

 

trade name

Question 2

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?

Answer

 

Yes.

 

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

 

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

 

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

Question 3

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

Answer

 

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

 

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

 

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

 

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

Question 4

A _________ mark is a coined term having no prior meaning until used as a trademark in connection with a particular product.

Answer

 

arbitrary

 

suggestive

 

descriptive

 

fanciful

Question 5

An example of a fanciful trademark is

Answer

 

Kodak

 

Shell

 

Tide

 

Camel

Question 6

A _________ mark is a real word whose ordinary meaning has nothing to do with a trademarked product.

Answer

 

arbitrary

 

suggestive

 

descriptive

 

fanciful

Question 7

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.

Answer

 

patent troll

 

illegal user

 

patent hoarder

 

patent stasher

Question 8

The practice of _________ occurs when an individual registers a famous trademark as an Internet domain name and then offer to sell the domain name to the trademark owner for a ransom.

Answer

 

Internet trademark abuse

 

domain misuse

 

domain / trademark harassment

 

cybersquatting

Question 9

A design dictated by function may be protected by a(n) ________ patent.

Answer

 

equivalents

 

design

 

utility

 

useful articles

Question 10

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

Answer

 

Camel

 

Kodak

 

Exxon

 

Clorox

Question 11

When can a corporate officer be held civilly liable under the Clean Water Act?

Answer

 

Corporate officers are strictly liable whenever a violation by their company is established.

 

Only if the corporate officer specifically ordered the unlawful discharge.

 

If the corporate officer had the authority to exercise control over the activity that caused the unlawful discharge or if the officer knowingly violated the act.

 

Corporate officers may never be held liable in an individual capacity.

Question 12

What was the result in Pakootas v. Teck Cominco Metals, Ltd., the case in the text in which the plaintiffs sued the defendant, a Canadian corporation, regarding an order under CERCLA pertaining to its contamination of water in Canada that reached the U.S.?

Answer

 

The court ruled that the defendant lacked the minimum contacts necessary to require it to submit to the jurisdiction of a U.S. court.

 

The court ruled that subject matter jurisdiction did not exist.

 

The court ruled that the defendant was subject to jurisdiction in the U.S. court.

 

The court ruled that the defendant lacked the minimum contacts necessary to require it to submit to the jurisdiction of a U.S. court and that subject matter jurisdiction did not exist.

Question 13

The _______ occurs when individuals exploit a limited shared resource and contribute to its depletion knowing that there will be a detrimental impact in the long term.

Answer

 

impact on the masses

 

destructive resources impact

 

tragedy of the commons

 

absolute negative

Question 14

Under which of the following may a parent corporation be held liable under CERCLA for facilities ostensibly operated by a subsidiary?

Answer

 

As an owner of a subsidiary whose corporate veil has been pierced

 

As an operator of the facility

 

Both as an owner of a subsidiary whose corporate veil has been pierced and as an operator of the facility

 

Under no circumstances may a parent corporation be held liable

Question 15

The Clean Air Act does not require which of the following?

Answer

 

That the EPA must establish national ambient air quality standards.

 

That every state must meet their individual air quality standards.

 

That air quality in areas that already meet national standards cannot deteriorate.

 

That the EPA must preserve natural visibility in the wilderness areas.

Question 16

Which of the following was the result in New Jersey v. EPA, the case in the text involving whether the EPA violated the clean Air Act when it delisted electric utility steam generating units from the list of sources of mercury pollution listed in the Clean Air Act and instituted a cap-and-trade system whereby plants emitting more than their allotments of mercury could buy credits from other plants?

Answer

 

The court upheld both the delisting and the cap-and-trade provision.

 

The court upheld the delisting provision but invalidatedand the cap-and-trade provision.

 

The court invalidated the delisting provision but upheld and the cap-and-trade provision.

 

The court invalidated both the delisting and the cap-and-trade provision.

Question 17

What does the Superfund Recycling Equity Act do?

Answer

 

It exempts recyclers from liability in private-party actions under CERCLA.

 

It exempts recyclers from suits brought by the state or federal government.

 

It provides a 10% federal rebate for recycling expenses incurred by corporations engaged in recycling activities.

 

It provides a 5% federal rebate for recycling expenses incurred by corporations engaged in recycling activitie

Question 18

Abandoned or historically polluted sites are governed by the _______ whereas the _______ covers current and future hazardous waste treatment facilities.

Answer

 

Comprehensive Environmental Response, Compensation, and Liability Act; National Pollutant Discharge Elimination System

 

Resource Conservation and Recovery Act; National Pollutant Discharge Elimination System

 

Resource Conservation and Recovery Act; Comprehensive Environmental Response, Compensation, and Liability Act

 

Comprehensive Environmental Response, Compensation, and Liability Act; Resource Conservation and Recovery Act

Question 19

Which of the following is currently the world’s top carbon polluter?

Answer

 

Brazil

 

India

 

The U.S.

 

China

Question 20

Most environmental laws are administered by the

Answer

 

Council on Environmental Quality

 

Environmental Protection Agency

 

National Environmental Policy Commission

 

Resource Conservation and Recovery Agenc

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