Deck 15: Products: Business Intellectual Property

Question 1

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

Answer 1

True

Question 2

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

Answer 2

True

Question 3

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

Answer 3

False

Question 4

Software copyrights cover the underlying programs of the software.

Question 5

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 6

Patents are a 20-year legal monopoly.

Question 7

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

Question 8

Ideas can be copyrighted.

Question 9

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

Question 10

Fair use is use of a copyrighted item with permission.

Question 11

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 12

Software copyrights cover operation methods, such as menus.

Question 13

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

Question 14

Design patents extend for a 14-year period.

Question 15

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

Question 16

ASCAP fee enforcement may cause changes to or elimination of some traditional summer activities for children.

Question 17

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

Question 18

Misappropriation is the conversion of a trade secret.

Question 19

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

Question 20

The only remedy available for patent infringement is damages.

Question 21

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

Question 22

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

Question 23

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

Question 24

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

Question 25

One factor in determining fair use is commercial profit.

Question 26

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

Question 27

Trademark protection lasts for 17 years.

Question 28

Trade secrets must be registered to enjoy protection.

Question 29

GATT requires patent protection for 50 years.

Question 30

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

Question 31

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

Question 32

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

Question 33

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

Question 34

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 35

Corporations cannot hold copyrights.

Question 36

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

Question 37

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

Question 38

WIPO administers trademarks and copyrights internationally.

Question 39

The laws of the United States on patent protection do not comply with GATT.

Question 40

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

Question 41

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 42

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

Question 43

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

Question 44

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 45

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 46

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 47

Misappropriation requires proof of:

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

Question 48

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

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

Question 49

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 50

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

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

Question 51

The United States is a working requirement patent jurisdiction.

Question 52

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

Question 53

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 54

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 55

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 56

How many states have adopted the Uniform Trade Secrets Act?

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

Question 57

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

Question 58

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 59

Slander of title is the same tort as palming off.

Question 60

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

Question 61

"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 62

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 63

The Uniform Electronic Transaction Act (UETA):

A) has been adopted in all 50 states.
B) has been declared unconstitutional.
C) is the same as E-sign.
D) none of the above

Question 64

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 65

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) none of the above

Question 66

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 67

Which of the following are generic terms?

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

Question 68

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

Question 69

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 70

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 71

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

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

Question 72

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 73

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 74

At Anne's Beauty Emporium, Della operates a small store­within­a­store 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 75

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 76

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 77

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

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

Question 78

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 79

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 80

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