practiceexam2LEB - Practice Questions (Exam 2) 1. In the...

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Practice Questions (Exam 2) 1. In the 2000 presidential election, candidate Ralph Nader ran an ad addressing campaign finance reform that said: “Grilled tenderloin for fundraiser: $1,000 a plate; Campaign ads filled with half-truths: $10 million; Promises to special interest groups: Over $100 billion; Finding out the truth: Priceless. There are some things money can’t buy.” MasterCard has for many years run a series of ads that begin by showing goods or services and their prices, and then depict an intangible such as “a day when all you have to do is breathe” followed by the word or voice-over “priceless,” and noting “there are some things money can’t buy … for everything else, there’s MasterCard.” MasterCard sued Nader and his political committee for their use of the “priceless” trademark. Which of the following statements is true? (a) Nader is liable for trademark infringement (b) Nader is liable for trademark dilution, based on whittling away (c) Nader is liable for trademark dilution, based on tarnishment (d) A and B only (e) None of the above 2. Pearson (P) was hired to repair rail cars for the Metro North Commuter Railroad (D). P’s job was terribly boring so, without his supervisor’s knowledge or approval, P decided to spend part of his work days figuring out a better way to install brake tread units on trains. After only two business days, P had developed a device that worked well. Eager to get a job promotion, P proudly handed the device over to his surprised supervisor, and then returned to the work of repairing rail cars. D started using the unit that P had made and sent P’s plans to a company that made similar devices, ordering six more units. Thirteen months later, P got into a spat with his supervisor and quit. P soon filed a patent application and sued D for using his device without paying him money. Which of the following statements is true? (a) P will probably win (b) The patent is not valid because P did not file his application in time (c) P’s patent is valid despite the delay in filing because of the experimental use exception to public use (d) If the patent is valid, D has a free, exclusive license to use the device
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practiceexam2LEB - Practice Questions (Exam 2) 1. In the...

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