Deck 8: Intellectual Property and Cyber Piracy

Question 1

Congress enacted the federal ________, which makes it a federal crime to steal another's trade secrets.

A) the Sarbanes-Oxley Act
B) the Lanham Act
C) the Telecommunication Act
D) the Economic Espionage Act

Answer 1

the Economic Espionage Act

Question 2

Which of these is NOT true with regards to the duties of the owner of a trade secret?

A) The owner is obliged to take all reasonable precautions to prevent the secret from being discovered by others.
B) The owner will not be protected by state unfair competition laws if he or she fails to take all reasonable precautions to protect the secret.
C) Reasonable precautions may include fencing in buildings, placing locks on doors, and hiring security guards.
D) The owner of a trade secret has an absolute right to the secret and, as such, need not do anything to prevent the secret from being discovered by others.

Answer 2

The owner of a trade secret has an absolute right to the secret and, as such, need not do anything to prevent the secret from being discovered by others.

Question 3

Which of these is NOT a common cybersecurity protocol that a company may use to prevent the electronic theft of trade secrets?

A) monitoring employee email
B) preventing the use of portable or mobile devices in the workplace
C) electronic surveillance of employee homes
D) installing enhanced encryption software to protect trade secrets.

Answer 3

electronic surveillance of employee homes

Question 4

When do state laws allow the owner of a trade secret to bring a civil lawsuit for misappropriation? Also discuss reverse engineering.

Question 5

Which of the following can be patented?

A) laws of nature
B) naturally occurring substances
C) asexually reproduced plants
D) mathematical formulas

Question 6

Which of the following is true of a patent application?

A) A patent application can be moved to the top of the list of other patents for review by the U.S. Patent and Trademark Office if the inventor pays $25,000.
B) The U.S. Patent and Trademark Office must make a decision whether to grant a patent within a year from the date of filing a patent application.
C) An inventor may file a provisional application with the U.S. Patent and Trademark Office and get a maximum of five days to prepare and file a final and complete patent application.
D) The U.S. Patent and Trademark Office can grant priority to patent applications for products that are important to the national economy.

Question 7

The U.S. Patent and Trademark Office (PTO) grants approximately how many patents each year?

A) 300,000
B) 500,000
C) 675,000
D) 775,000

Question 8

Applications for patents must be filed with the ________.

A) U.S. Court of Appeals for the Federal Circuit
B) U.S. Patent and Trademark Office (PTO)
C) Library of Congress
D) Federal Trade Commission

Question 9

A ________ is a patent that protects the functionality of an invention.

A) machinery patent
B) mechanical patent
C) utility patent
D) design patent

Question 10

Utility patents for inventions are valid for ________.

A) the whole of the inventor's life plus 70 years
B) 20 years
C) 14 years
D) 10 years and renewable indefinitely

Question 11

Under current law a patent's term begins to run from ________.

A) the date the patent is issued
B) the date the patent is invented
C) the date the patent application is filed
D) the inventor's date of birth

Question 12

A patent for the ornamental nonfunctional design of an item ________.

A) is a utility patent
B) is a design patent
C) is an ornamental patent
D) is not permitted

Question 13

What is a patent, and why is the federal government involved in issuing patents?

Question 14

Which of the following is an accurate statement regarding the Berne Convention, an international copyright treaty?

A) The treaty eliminates the need to place the copyright symbol or the word "copyright" on a copyrighted work.
B) The treaty makes it mandatory to place the copyright symbol on all copyrighted works.
C) The treaty stipulates the time period a copyright can be retained by the copyright holder before it enters the public domain.
D) The treaty sets the rules for how copyright can be dealt with when sharing copyrighted work between governments.

Question 15

In the context of copyrighted material, which of the following statements accurately describes the fair use doctrine?

A) It stipulates the time period for which a copyright holder can retain his copyright.
B) It guides the U.S. Copyright Office in determining what works are copyrightable.
C) It permits the use of copyrighted material by someone other than the copyright holder for a statutorily-prescribed fee.
D) It permits certain limited use of copyrighted material by someone other than the copyright holder without the permission of the copyright holder.

Question 16

In 1997, Congress enacted the ________ Act, a federal statute that criminalizes certain copyright infringement.

A) Sarbanes-Oxley
B) Lanham
C) No Electronic Theft
D) Economic Espionage

Question 17

After the copyright period runs out, the work enters ________.

A) the prohibited-use phase
B) the National Archives
C) the restricted-use phase
D) the public domain

Question 18

This symbol, when placed on a work along with the year of publication and the author's name, notifies the world that the work is protected by a copyright.

A) ®
B) ©
C) TM
D) SM

Question 19

Professor Erin wishes to use a 30 second clip from the motion picture Wall Street in her Management class but is not sure she can without infringing on the movie's copyright. Advise Professor Erin as to whether she can us the movie clip. Be sure to include an explanation of the fair use doctrine in your advice.

Question 20

John Crichton applied for a trademark logo at the U.S. Patent and Trademark Office for his new startup company, stating that he would use the logo in commerce within the next six months. After six months, he had not yet used the logo. Which of the following options does trademark law allow John Crichton so that he can retain his logo until he uses it in commerce?

A) Pay a fine so that the trademark gets registered immediately.
B) Change the logo slightly and reapply for the modified logo.
C) Cancel the current application and re-apply for the same logo.
D) Apply for a six-month extension to use the logo in commerce.

Question 21

In 1946, Congress enacted the ________ Act to provide federal protection to trademarks, service marks, and other marks.

A) Sarbanes-Oxley
B) Lanham
C) No Electronic Theft
D) Economic Espionage

Question 22

Once a trademark becomes a(n) ________, the term loses its protection under federal trademark law.

A) unique term
B) ubiquitous name
C) obsequious term
D) generic name

Question 23

This symbol, when used with a registered trademark or service mark, puts others on notice that the mark is registered and that federal lawsuits may be brought to protect the mark.

A) ®
B) ©
C) TM
D) SM

Question 24

This mark may be used to designate an unregistered trademark, or one where registration is pending, so as to put others on notice of the owner's legal claims.

A) ®
B) ©
C) TM
D) SM

Question 25

This mark may be used to designate an unregistered service mark, or one where registration is pending, so as to put others on notice of the owner's legal claims.

A) ®
B) ©
C) TM
D) SM

Question 26

A party may file for the ________ of a previously registered mark if the party believes that the registrant did not meet the requirements for being issued the mark or if a mark has been abandoned.

A) cancelation
B) revocation
C) novation
D) rescission

Question 27

Which of these marks cannot be registered with the PTO?

A) a manufacturing company's logo
B) the name of a restaurant chain
C) the flag of the State of Illinois
D) the slogan of a shoe company

Question 28

The application for registering a trademark with the Patent and Trademark Office ________,

A) must be made via a paper filing
B) must be made electronically
C) must be made via a presentation before a hearing board in Washington, DC
D) can be made either by a paper filing or by an electronic filing

Question 29

Brian, the owner of "Brian's Cheese House" learned that his competitor, Bryan of "Bryan's House of Cheese,"
Just filed an application to register a logo that looks remarkably similar to Brian's logo. In response, Brian can ________.

A) do nothing
B) submit to the PTO an opposition to the proposed registration of Bryan's mark
C) file suit in the U.S. District Court for the District of Columbia
D) file a complaint with the Federal Trade Commission

Question 30

Which of these is a trademark?

A) Big Mac
B) Weight Watchers
C) Grown in Idaho
D) Realtor

Question 31

Which of these is a service mark?

A) Big Mac
B) Weight Watchers
C) Grown in Idaho
D) Realtor

Question 32

Which of these is a certification mark?

A) Big Mac
B) Weight Watchers
C) Grown in Idaho
D) Realtor

Question 33

Which of these is a collective membership mark?

A) Big Mac
B) Weight Watchers
C) Grown in Idaho
D) Realtor

Question 34

Describe the process to obtain federal registration of a trademark.

Question 35

Congress passed the ________ to address the problem of a party using a name similar to or close to, but not exactly identical to, a holder's trademark name and who either sells other goods or services than the trademark holder sells, or misuses the name.

A) Federal Trademark Dilution Act
B) Lanham Act
C) Telecommunication Act
D) Economic Espionage Act

Question 36

In a federal trademark dilution lawsuit, which of these need the plaintiff NOT prove at trial?

A) that the plaintiff's trademark is famous
B) that the plaintiff suffered actual harm
C) that the use by the other party was commercial
D) that the use by the other party caused a likelihood of dilution of the distinctive quality of the trademark

Question 37

Which of these is NOT a treaty that protects intellectual property rights internationally?

A) the Paris Convention
B) the Madrid Agreement and Protocol
C) the Warsaw Pact
D) the Nice Agreement