Question 1.1. (TCO 7) Modern Clothing, Inc., and National
Denim Corporation use the mark “Made by Members of the U.S. Textile
Workers Union” on the tags of their products to indicate the participation
of the union in the manufacture. Modern and National are not in business
together and do not own this mark. This mark is _____. (Points : 2)
a certification
mark
a collective
mark
a service mark
trade dress
Question 2.2. (TCO 7) RiteMade Machinery, Inc., designs,
makes, and sells a drill press. Steel Equipment Company copies the design
without RiteMade’s permission. Steel’s conduct is actionable provided (Points :
2)
consumers are
confused.
Steel’s conduct
is intentional.
Steel’s conduct
reduces the value of RiteMade’s design.
RiteMade’s
design is patented.
Question 3.3. (TCO 7) Copy Products, Inc., uses, in its ads,
a trademark that is similar, but not identical, to the famous, registered mark
of Imitated Goods, Inc. Copy’s unauthorized use of the mark constitutes
trademark dilution provided _____ (Points : 2)
consumers are
confused.
Copy and
Imitated are competitors.
Copy’s use is
intentional.
Copy’s use
reduces the value of Imitated’s mark.
Question 4.4. (TCO 7) Canada and the United States are
signatories of the Berne Convention. Doug, a citizen of Canada, publishes a
book first in Canada and then in the United States. Doug’s copyright must be
recognized by _____. (Points : 2)
all of the
signatories of the Berne Convention.
Canada and the
United States only.
Canada only.
none of the
signatories of the Berne Convention.
Question 5.5. (TCO 8) Swinborn sells “Tyger”
steroids over the Internet. He is arrested and charged with the sale of a
controlled substance. This is cyber crime, which is _____ (Points : 2)
a crime in
which the letter “y” is used in the misspelling of a word.
a crime that
occurs in the virtual community of the Internet.
a crime that is
less real than the same crime in the physical world.
no crime.
Question 6.6. (TCO 8) Harvey puts up a guitar for bids on
eWay, a Web auction site. Faith makes the highest bid and sends the payment,
which Harvey receives, but he does not send the guitar to her. This is online
_____ (Points : 2)
auction fraud.
puffery.
retail fraud.
frustration but
not fraud.
Question 7.7. (TCO 8) Michelle gives out a business card
with an e-mail address on it. According to the comments that accompany the
UETA, it may be reasonable to infer that Michelle has consented to (Points : 2)
transact
business electronically.
submit to the
jurisdiction of any selected forum.
accept and
respond to any correspondence sent to that address.
nothing.
Question 8.8. (TCO 8) Gladstone regularly sends unsolicited
commercial e-mail to hundreds of millions of recipients. This e-mail is
prohibited or regulated in _____. (Points : 2)
most states
only a few
states
no state
California only
Question 9.9. (TCO 8) Houseofcards Finance, Inc., files a
financing statement regarding a transaction with Biskuit Company. A valid,
enforceable financing statement must contain all of the following, except _____
(Points : 2)
a description
of the collateral.
a statement of
the purpose of the transaction.
the name of the
debtor.
the name of the
secured party.
Question 10.10. (TCO 8) Under the UCC Secured Transactions
Article, perfection of a security interest by a creditor provides added
protection against other parties in the event the debtor does not pay its
debts.
Which of the following parties is not affected by perfection
of a security interest? (Points : 2)
Other
prospective creditors of the debtor.
The trustee in
a bankruptcy case.
A buyer in the
ordinary course of business.
A subsequent
personal injury judgment creditor.
