Deck 9: Intellectual Property Rights and the Internet

Question 1

A copyright prevents the copying of an idea.

Answer 1

False

Question 2

Once a mark is registered in accordance with federal law, the holder of the mark has the exclusive right to use the mark in perpetuity.

Answer 2

False

Question 3

Copyright of a "work made for hire" runs for the life of the creator of the work plus 50 years.

Answer 3

False

Question 4

Cybersquatters are individuals who register and set up domain names on the Internet that are identical or confusingly similar to existing trademarks in the hopes they can sell the name to the trademark owner.

Question 5

Trade dress can be any word, name, symbol, device, or combination of these used to identify a product.

Question 6

Protection for trade dress is available under the Lanham Act.

Question 7

If other persons are permitted to use a trademark, it will lose its exclusive character and become generic.

Question 8

Descriptive terms such as locations and colors are never subject to trademark protections.

Question 9

Trademarks and service marks are recorded with the Register of Copyrights.

Question 10

The Berne Convention requires all works published after March 1, 1989 to contain a notice of copyright.

Question 11

To prevail in an action for trade dress infringement, a plaintiff must prove that its trade dress is distinctive and nonfunctional and the defendant's trade dress is confusingly similar to the plaintiff's.

Question 12

Although processes and machines are eligible for patent protection, manufactures and compositions of matter are not.

Question 13

Trademarks may be used to protect the exclusive right to identify either products or services.

Question 14

The Sony Bono Copyright Extension Act of 1998 extended copyright protection to the life of the author plus 50 years.

Question 15

Trade dress refers to the packaging look and overall image of a product.

Question 16

A copyright owner may prohibit even limited use of copyrighted material if it is used for parody or criticism.

Question 17

A copyright is the exclusive right given by federal statutes to the creator of a literary or an artistic work to use, reproduce, and display the work.

Question 18

An owner of a copyright may license some of his or her rights to another in exchange for royalty payments.

Question 19

In order for a work to be copyrightable, it must possess a significant amount of creativity.

Question 20

All types of patents available under U.S. law are entitled to the same quality and duration of protection once initial filing is perfected with the Patent and Trademark Office in Washington, D.C.

Question 21

To be patentable, an invention must be new and not obvious to a person of ordinary knowledge and skill in the art or technology to which the invention is related.

Question 22

Once approved by the U.S. Patent and Trademark Office, a patent is presumed valid after a public comment period of 90 days.

Question 23

Under the Semiconductor Chip Protection Act reverse engineering exemption, competitors may study mask works but may not use the results of that study to design their own semiconductor chip.

Question 24

Trademark law categorizes marks along a spectrum of ______, based on a mark's capacity to serve ______.

A) suggestiveness, the characteristics of the service to which they relate.
B) fancifulness, the characteristics of the product to which they relate.
C) descriptiveness, a source-identifying function.
D) distinctiveness, a source-identifying function.

Question 25

Under the United States Supreme Court's "doctrine of equivalents," infringers may not avoid liability for patent infringement by substituting insubstantial differences for some of the elements of the patented product or process.

Question 26

The Lanham Act grants protection for:

A) marks.
B) patents.
C) copyrights.
D) trade secrets.

Question 27

Written computer programs are not given the same protection as other copyrighted material.

Question 28

ICANN is a nonprofit corporation responsible for:

A) granting safe harbors for good faith domain name violators.
B) removing cybersquatters from the internet.
C) resolving differences among domain names.
D) coordinating the use of domain names across the Internet.

Question 29

Stealing trade secrets can result in fines, but not imprisonment.

Question 30

In limited circumstances customer lists are protected under trade secret laws.

Question 31

Three types of patents available under U.S. law are:

A) utility, product, design.
B) design, packaging, invention.
C) design, plant, utility.
D) utility, regulatory, common law.

Question 32

In determining whether limited use of copyrighted material may be permitted as "fair use," courts will consider:

A) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.
B) the nature of the copyrighted work.
C) the amount and substantiality of the portion used in relation to the copyrighted work as a whole.
D) all of these.

Question 33

When secret information is shared or communicated for a special purpose and the person receiving the information knows it is not to be made known, it loses the protection it had while secret.

Question 34

The DMCA provides a(n) _______ for internet service against claims of _______.

A) dispute resolution forum, copyright infringement.
B) indemnification, copyright infringement.
C) mechanism, trademark infringement.
D) safe harbor, copyright infringement.

Question 35

It is important to protect trade dress against adoption by a competitor failure to protect the mark can:

A) deceive purchasers into believing they have obtained a comparable product.
B) dilute the originator's resource investment in its product appearance.
C) usurp the business goodwill of the developer of the trade dress.
D) allow the mark pass into the English language (like 'aspirin') and become generic.

Question 36

Computer software licensing agreements include restrictions on the use of software and give the licensor greater protection than that provided by copyright law.

Question 37

The Semiconductor Chip Protection Act of 1984 created a new form of industrial intellectual property by protecting mask works and the semiconductor chip products in which they are embodied against chip piracy.

Question 38

The Digital Millennium Copyright Act :

A) made notice of copyrights no longer mandatory.
B) changed the life of a copyright.
C) was enacted to curb the pirating of software and other pirated works.
D) provided a safe harbor for copyright infringers.

Question 39

Which of the following is not an exclusive right of the holder of a copyright?

A) To prepare works that are derived from the original work.
B) To obtain a court order enjoining use of the original work by another.
C) To distribute copies of recordings of the original work.
D) To display or perform the original work in public.

Question 40

A copyright bestows upon the creator of an artistic or literary work a federal statutory right to exclusively:

A) use the work.
B) reproduce the work.
C) display the work.
D) All of these

Question 41

The best way to distribute and sell copyrighted computer programs is using:

A) copyright laws.
B) patent laws.
C) trade secret laws.
D) restrictive licensing.

Question 42

The type of patent that may be granted to developers of plant reproduction methods is called a:

A) process patent.
B) functional or utility patent.
C) improvement patent.
D) plant patent.

Question 43

Smarts and Then Some, Inc. developed a software program after several years of research and development. The particular software program was then test-marketed, at which point a competitor filed suit claiming that the Smarts and Then Some program violated the competitor's copyright on a program they too were test-marketing. What is the test to determine whether a copyright has been violated?

Question 44

Herman Corporation is engaged in preparing a marketing campaign consisting of electronic and print images. Drawings and photographs for the campaign are coming from a variety of sources, including popular magazines, international newspapers, and web sources. The marketing vice president asserts that the company may use the images under the fair use doctrine. What factors should be considered in the application of the fair use doctrine?

Question 45

The measure of damages for misappropriation of a trade secret is:

A) ten times the loss of revenues by the owner of the trade secret (punitive damages).
B) three times the loss of revenues by the owner of the trade secret (treble damages).
C) the loss of revenues by the owner of the trade secret.
D) the profits earned by the 'thief' derived from the misappropriation of the trade secret.

Question 46

The America Invents Act:

A) amended federal copyright law.
B) replaced the patent "first to file system" with a "first to invent" system.
C) speeds up the application process for energy conservation inventions for a $4,800 fee.
D) replaced the patent "first to invent system" with a "first to file" system.

Question 47

Design patents have a duration of ____ years.

A) 10
B) 14
C) 17
D) 20

Question 48

A business formula, information compilation, or device that provides an advantage over competitors that do not have it is known as a:

A) competitive advantage.
B) strategic advantage.
C) trade secret.
D) restraint of trade.

Question 49

Owners of mask works are entitled to the exclusive right to reproduce and distribute their products under U.S. law for a period of:

A) 10 years.
B) 20 years.
C) 28 years.
D) the life of the creator plus 70 years.

Question 50

Under the Computer Software Copyright Act of 1980, a written program:

A) must be written in object code in order to be protected.
B) must be written in source code in order to be protected.
C) is protected as any other copyrighted material, even if it is in written form.
D) is protected but does not receive the same protections as other copyrighted materials.

Question 51

To analyze a copyright infringement claim in the context of computer programs, courts will primarily examine:

A) the total number of program steps that are substantially similar.
B) the number of significant program steps that are substantially similar.
C) whether the programs appear substantially similar in ordinary language.
D) whether the programs appear substantially similar in machine language.

Question 52

The type of patent that may be granted to developers of new and non-obvious ornamental features of manufactured articles is called a(n):

A) design patent.
B) functional or utility patent.
C) improvement patent.
D) plant patent.

Question 53

Under the Semiconductor Chip Protection Act's _______, competitors may not only study mask works but may also use the results of that study to design their own semiconductor chip products embodying their own original masks.

A) fair use exemption
B) statutory damages waiver
C) reverse engineering exemption
D) semiconductor mask product exemption