Deck 15: Business and Intellectual Property Law

Question 1

Distributors of software that facilitate peer-to-peer file sharing cannot be liable for infringement by file sharers.

Answer 1

False

Question 2

Fair use is use of a copyrighted item with permission.

Answer 2

False

Question 3

Transmission of an NFL game to Canada by satellite is a violation of United States copyright laws.

Answer 3

True

Question 4

The Industrial Espionage Act applies to all company information taken without permission.

Question 5

The Lanham Act provides protection for trademarks,trade names,and trade dress.

Question 6

Patents are a 20-year legal monopoly.

Question 7

Ideas can be copyrighted.

Question 8

Since it is an educational use,a college professor may reproduce any works for course packs for the students in the professor's classes.

Question 9

Most companies have its employees sign non-disclosure agreements to try to insure silence when the employee no longer works there.

Question 10

Software copyrights cover operation methods,such as menus.

Question 11

The only remedy available for patent infringement is damages.

Question 12

To receive a permanent injunction a patent plaintiff must satisfy an established three-prong test.

Question 13

Software copyrights cover the underlying programs of the software.

Question 14

Forty-nine states have adopted the Uniform Trade Secrets Act.

Question 15

Misappropriation is the conversion of a trade secret.

Question 16

Once a U.S.company has a registered trademark in the United States,it can register that trademark in the 60 other countries who are signatory countries of the Madrid Protocol.

Question 17

All WTO members follow the 20-year period of patent protection.

Question 18

There can be infringement of patents,copyrights,trademarks,trade names and trade dress.

Question 19

Developing a process to extract new matter for other uses from existing matter is patentable.

Question 20

Design patents extend for a 15-year period.

Question 21

Trade secrets must be registered to enjoy protection.

Question 22

Copyrights run for the life of the creator plus 50 years.

Question 23

The United States has opposition proceedings as part of the patent process.

Question 24

The United States does not have working requirements as part of its patent process.

Question 25

The Federal Trademark Dilution Act permits private suit for tarnishment of a trademark.

Question 26

WIPO administers trademarks and copyrights internationally.

Question 27

Gray market goods are properly trademarked goods that have entered the country without authorization from the manufacturer.

Question 28

Trademark registration in the United States is good only in the United States.

Question 29

Knock-off goods are the same as gray market goods.

Question 30

The Community Trademark is the European Union's one-stop registration system.

Question 31

The Sonny Bono Copyright Extension Act does not apply to films.

Question 32

GATT requires patent protection for 50 years.

Question 33

Palming off is a tort in which one company sells its imitation product by leading buyers to believe it is a different product or the "real thing."

Question 34

One factor in determining fair use is commercial profit.

Question 35

Trademark protection lasts for 17 years.

Question 36

The Digital Millennium Copyright Act imposes liability for circumvention of encoded materials that prevent copying.

Question 37

The Digital Millennium Copyright Act imposes liability for the creation of programs that circumvent encoded copyrighted materials.

Question 38

Corporations cannot hold copyrights.

Question 39

Corporations' copyrights last for 50 years from the time of their creation or release,whichever is later.

Question 40

Trade dress is not entitled to protection unless there is some form of registration under federal law.

Question 41

Misappropriation requires proof of:

A)unauthorized use of a product or process.
B)infringement.
C)an existing copyright.
D)an existing trademark.

Question 42

Registration of a trademark in a Madrid member country is:

A)effective for that country only.
B)effective for all Madrid member countries.
C)not effective in the United States.
D)protected under the Berne convention.

Question 43

Knockoff goods are:

A)goods carrying a trademark without authorization.
B)goods manufactured in excess of the permission granted by the trademark holder.
C)permitted after the five-year period for trademark registration expires.
D)none of the above

Question 44

Palming off:

A)is the same as trademark infringement.
B)requires proof of the likelihood of confusion.
C)is a statutory protection in competition.
D)is a federal crime.
E)none of the above

Question 45

Palming off:

A)is what occurs with gray market goods.
B)is a tort that has no remedy.
C)occurs when one seller recreates another seller's product.
D)can occur only with copyrighted properties.

Question 46

_____ is a tort that protects a business whose trade secrets are taken without authorization.

A)Palming off
B)Misappropriation
C)Embezzlement
D)Larceny

Question 47

Working requirements mandate use and development of the patented product or the rights are lost.

Question 48

Which of the following is not an element of disparagement?

A)untrue statement
B)publication
C)damages
D)intent to injure
E)All of the above are elements.

Question 49

Slander of title is the same tort as palming off.

Question 50

Under the Industrial Espionage Act,which of the following potential penalties is correct?

A)A corporate fine of up to $1,000,000
B)A fine of up to $1,000,000 for an individual
C)Imprisonment of up to 25 years for an individual
D)A fine of up to $500,000 for an individual

Question 51

The golden arches of McDonald's restaurants are an example of:

A)a patent.
B)a copyright.
C)a license.
D)trade dress.

Question 52

The failure to prevent generic use of trade names and trademarks can result in a loss of protection.

Question 53

How many states have adopted the Uniform Trade Secrets Act?

A)50
B)17
C)28
D)45

Question 54

The United States is a working requirement patent jurisdiction.

Question 55

The Digital Millennium Copyright Act exempts digital technology from copyright protections.

Question 56

When the UTSA does not apply,recovery for taking a trade secret:

A)does not exist.
B)may exist for breach of loyalty.
C)may exist for breach of due care.
D)may exist for breach of accounting.

Question 57

Goods sold by an authorized dealer beyond the dealer's authorized territory or quantity are:

A)knockoff goods.
B)gray market goods.
C)infringed goods.
D)none of the above

Question 58

​Trade dress protection is available for the look of a product.

Question 59

Opposition proceedings are part of the patent process outside the U.S.

Question 60

Trade secrets:

A)are registered for 14 years.
B)are good for 75 years.
C)need not be registered to be protected.
D)are the same as trademarks.

Question 61

The Supreme Court has held that developing a method for creating something that exists in nature ___ protected by patent laws.

A)is
B)is not
C)cannot
D)should not

Question 62

At Anne's Beauty Emporium,Della operates a small store-within-a-store in which she sells bags that appear to be designer Prada and Gucci handbags.The bags are priced at Della's at between $65 and $190 each.The price for the same Prada and Gucci bags in department stores would be between $325 and $900.Della is probably selling:

A)knock-off purses.
B)gray market purses.
C)counterfeit purses.
D)all of the above

Question 63

Which of the following is a generic term?

A)Honey Maid graham crackers
B)Nintendo video games
C)cola
D)Jell-O brand gelatin

Question 64

To be patentable,an idea must be which of these?

A)Obvious
B)Intangible
C)Useful
D)All of the above

Question 65

The Trademark Dilution Act provides a remedy for:

A)commercial use of another's trademark.
B)too many trademarks being registered.
C)overuse of a trademark.
D)none of the above

Question 66

Which of the following is/are generic term(s)?

A)Band-Aid
B)Jell-O
C)Aspirin
D)All of the above are generic.

Question 67

Trade dress:

A)can be protected if there will be confusion.
B)can be protected only if there is a registered trade name or trademark.
C)can be protected if it is distinct.
D)both a and c

Question 68

The Sonny Bono Copyright Extension Act:

A)does not apply to individual copyright ownership.
B)does not apply to corporate copyright ownership.
C)does not provide protection for movies.
D)extended the time for the federal copyright protection to 70 years beyond the life of the creator/author.
E)none of the above

Question 69

"M & M's" brand candy is:

A)an example of a trademark.
B)an example of a generic label not entitled to trademark protection.
C)a trademark protectable for 17 years.
D)none of the above

Question 70

Copying an article from a computer science journal that sells subscriptions and then distributing it to 25 employees at your company:

A)would be fair use.
B)would be copyright infringement.
C)would not be copyright infringement unless you charged the employees for the copies.
D)none of the above

Question 71

Professor Winona Wright has just read an article in Fortune magazine about issues in the Enron bankruptcy.She wishes to share it with her class that morning and makes 50 copies to distribute to them.Professor Wright:

A)has infringed Fortune's copyright.
B)has utilized the fair use exemption under copyright law.
C)has done nothing in violation of copyright law because magazine articles are not protected under copyright law.
D)none of the above

Question 72

Yanni's Yachts has created a specially designed awning for its boats.Yanni's did not patent the awning.Dream Boats purchased one of Yanni's boats and then copied the awning from the boat it purchased from Yanni.

A)Dream Boats has appropriated a trade secret.
B)Dream Boats has appropriated a patent because a patent need not be registered to be valid.
C)Dream Boats has misappropriated Yanni's awnings.
D)none of the above

Question 73

Ted's Red Hots is a hot dog restaurant that has the shape of a hot dog in a bun,with the hot dog wearing a white chef's hat at one end.Wally's is a new hot dog restaurant that has a wiener dog shape with the wiener dog wearing a white chef's hat.Ted's probably has an infringement claim based on:

A)patent appropriation.
B)trade dress appropriation.
C)copyright infringement.
D)any of the above

Question 74

Patents are:

A)20-year legal monopolies.
B)good for the lifetime of the inventor plus 50 years.
C)not protected by any federal statutes for infringement.
D)none of the above

Question 75

The Digital Millennium Copyright Act:

A)makes it a criminal offense to create programs to circumvent encoded copyrighted materials.
B)does not impose liability on those who provide Internet access to employees.
C)does not impose liability for circumvention of encoding of copyrighted materials for personal use.
D)both b and c
E)none of the above

Question 76

Which of the following are generic terms?

A)cellophane
B)aspirin
C)thermos
D)All of the above are generic terms.

Question 77

What of the following could be protected as a trade secret?

A)chemical formula
B)supply chain management system of a company
C)customer list
D)All of the above are examples of trade secrets.

Question 78

If a major company buys one subscription to a journal for all of its employees to copy and share,the company:

A)is not liable for anything under the fair use doctrine.
B)is liable for infringement.
C)is not liable for infringement, but is liable for a trade secret violation.
D)is not liable because this is clearly an educational use.

Question 79

What types of remedies are available for patent infringement?

A)injunctions
B)damages
C)specific performance
D)a and b

Question 80

The "likelihood of confusion" standard is used:

A)in copyright cases.
B)in patent cases.
C)in trademark infringement cases.
D)none of the above