Question 1

Which of the following is an incorrect statement regarding copyrights?

Accepted Answer

The work must be fixed in a tangible medium of expression like a book, canvas, compact disk, hard drive, or flash memory.

Question 2

A copyright protects:

Accepted Answer

Copyright laws protect authors rather than inventors.

Question 3

What is an injunction?

Accepted Answer

The answer of What is an injunction?...

Question 4

When the public is confused as to whether a term refers to a particular product/service or refers to a general class of products/services, the trademark is said to have become _____.

Accepted Answer

A trademark is most likely to become generic (1) when an owner does not defend against unauthorized use and (2) when the public becomes confused as to whether a term refers to a particular product/service or refers to a general class of products/services.

Question 5

Which of the following is true of the Digital Millenium Copyright Act?

Accepted Answer

The act prevents the production, marketing, or sales of a product or service designed to circumvent technological protections of computer software, videos, and compact disks.

Question 6

Which of the following acts protect a "famous" trademark, even if the owner is unable to prove that the public is confused by another's use of a similar mark, and provides the owner with the infringer's profits, and actual damages?

Accepted Answer

In 1995, Congress passed the Federal Trademark Dilution Act. This law prohibits you from using a mark the same as or similar to another's "famous" trademark so as to dilute its significance, reputation, and goodwill. Even if an owner of a famous trademark cannot prove that the public is confused by another's use of a similar mark (called a "junior" mark), the owner of the "senior" famous trademark can still get an injunction prohibiting further use of the junior mark on the basis of trademark dilution.

Question 7

The fair use of a registered trademark defense was established in the:

Accepted Answer

Fair use of a registered trademark is allowed by the Lanham Act and relates to a discussion, criticism, or parody of the trademark, the product, or its owner, for example, in the news media, on the Internet, or in a textbook.

Question 8

What is a trade secret and what must a company do to have enforceable rights to protect a trade secret?

Accepted Answer

The answer of What is a trade secret and what...

Question 9

Civil violation of a trademark or a patent is termed _____.

Accepted Answer

Civil violation of a trademark (or a patent) is termed infringement.

Question 10

In determining whether a particular use is a fair one, a court will consider which of the following?

Accepted Answer

In determining whether a particular use is a fair one, a court will consider the purpose and character of the use, including whether such use is for commercial or nonprofit educational purposes, the nature of the copyrighted work, the amount and substantiality of the portion used in relation to the copyrighted work as a whole; the effect of the use upon the potential market for the copyrighted work.

Question 11

Possible civil remedies for violation of the Digital Millennium Copyright Act can include:

Accepted Answer

Violations of the DMCA permit civil remedies, including injunction, actual damages, and statutory damages.

Question 12

The Anti-Cybersquatting Consumer Protection Act of 1999 provides damages and a transfer of a ________ trademark domain name to its owner if it was registered in "bad faith".

Accepted Answer

The Anticyber-squatting Consumer Protection Act of 1999 provides a remedy of statutory damages and transfer of a famous trademark domain name to its owner if it was registered in "bad faith."

Question 13

The Berne Convention addressed international agreements in the area of:

Accepted Answer

Today the United States has joined most other countries in international agreements, such as the Berne Convention, in protecting the copyright of other nations, but once again copyright has come to a turning point in the road.

Question 14

It has been estimated that intangible assets represents a significant portion of the total assets of many large U.S. companies. Name some of the different intangible assets that businesses might possess.

Accepted Answer

The answer of It has been estimated that intangible assets...

Question 15

Which of the following is true of copyright?

Accepted Answer

Unlike patent, copyright deals with original expression rather than invention.

Question 16

How does the law define misappropriation in case of trade secret violation?

Accepted Answer

The answer of How does the law define misappropriation in...

Question 17

_____ is a form of expression that criticizes by poking fun at something through exaggeration.

Accepted Answer

The fair use being considered concerns parody, a form of expression that criticizes by poking fun at something through exaggeration.

Question 18

Which is not an allowable "fair use" of material?

Accepted Answer

In determining whether a particular use is a fair one, a court will consider the purpose and character of the use, including whether such use is for commercial or nonprofit educational purposes.

Question 19

The payment of a fee in connection with permission to use protected copyrighted works is called a/an:

Accepted Answer

As a result, U.S. publishers felt free to publish the works of foreign authors without permission or the payment of fees called royalties.

Question 20

Can misappropriation trade secrets account for criminal prosecution?

Accepted Answer

The answer of Can misappropriation trade secrets account for criminal...

Quiz 11: Intellectual Property