Question 1

After the copyright period expires,the work enters the ________,which means that anyone can publish the word without paying the prior copyright holder.

Accepted Answer

A)  private vernacular 
B)  private domain 
C)  public domain 
D)  public vernacular 
E)  public arena 
A)  private vernacular 
B)  private domain 
C)  public domain 
D)  public vernacular 
E)  public arena

Question 2

A competitor can lawfully discover a trade secret by performing ________ (for example,taking apart and examining a rival's product or re-creating a secret recipe).

Accepted Answer

A)  deconstruction 
B)  dissolution 
C)  reverse engineering 
D)  backward construction 
E)  reverse osmosis 
A)  deconstruction 
B)  dissolution 
C)  reverse engineering 
D)  backward construction 
E)  reverse osmosis

Question 3

If a patent application is filed but a patent has not yet been issued,the applicant usually places the words ________ on the article.

Accepted Answer

A)  "top secret" 
B)  "for your eyes only" 
C)  "conditional patent" 
D)  "patent pending" 
E)  "trade secret" 
A)  "top secret" 
B)  "for your eyes only" 
C)  "conditional patent" 
D)  "patent pending" 
E)  "trade secret"

Question 4

Each of the following is a word that has lost its trademark due to generic use except:

Accepted Answer

A)  escalator. 
B)  nylon. 
C)  cornflakes. 
D)  yo-yo. 
E)  Google. 
A)  escalator. 
B)  nylon. 
C)  cornflakes. 
D)  yo-yo. 
E)  Google.

Question 5

The Copyright Dilution Act of 1986 currently governs copyright law.

Accepted Answer

A) True 
 B)False

Question 6

Which of the following is not true about copyright protection for computer programs?

Accepted Answer

A)  Computer programs are included in the list of tangible items protected by copyright law. 
B)  The Register of Copyrights is authorized to accept and record documents related to copyrighted computer programs. 
C)  The masks used to create computer chips are able to be copyrighted. 
D)  The term of protection is shorter for computer programs than for other copyrighted items. 
E)  Computer programs must be marked with a copyright symbol to be protected. 
A)  Computer programs are included in the list of tangible items protected by copyright law. 
B)  The Register of Copyrights is authorized to accept and record documents related to copyrighted computer programs. 
C)  The masks used to create computer chips are able to be copyrighted. 
D)  The term of protection is shorter for computer programs than for other copyrighted items. 
E)  Computer programs must be marked with a copyright symbol to be protected.

Question 7

Generally,a successful plaintiff in a trade secret action can:

Accepted Answer

A)  recover the profits made by the offender from the use of the trade secret. 
B)  recover for damages. 
C)  obtain an injunction prohibiting the offender from divulging or using the trade secret. 
D)  criminally prosecute the defendant 
E)  recover the profits made by the offender from the use of the trade secret, recover for damages, and obtain an injunction prohibiting the offender from divulging or using the trade secret. 
A)  recover the profits made by the offender from the use of the trade secret. 
B)  recover for damages. 
C)  obtain an injunction prohibiting the offender from divulging or using the trade secret. 
D)  criminally prosecute the defendant 
E)  recover the profits made by the offender from the use of the trade secret, recover for damages, and obtain an injunction prohibiting the offender from divulging or using the trade secret.

Question 8

The most famous trade secret is the Nike "swoosh."

Accepted Answer

A) True 
 B)False

Question 9

Which of the following is true?

Accepted Answer

A)  Trademark protection can be lost if a trademark becomes used generically. 
B)  Under the "fair use" doctrine, trademarks can be used in certain limited ways without the trademark holder's permission. 
C)  Selling a trademarked item to many buyers can result in loss of the trademark. 
D)  Terms such as "Mustang" cannot be trademarked, because they consist of only generic words. 
E)  Trademark protection is not recognized in about one-half of the states. 
A)  Trademark protection can be lost if a trademark becomes used generically. 
B)  Under the "fair use" doctrine, trademarks can be used in certain limited ways without the trademark holder's permission. 
C)  Selling a trademarked item to many buyers can result in loss of the trademark. 
D)  Terms such as "Mustang" cannot be trademarked, because they consist of only generic words. 
E)  Trademark protection is not recognized in about one-half of the states.

Question 10

What changes should be made to copyright law to reflect the ease with which much creative material can be reproduced and distributed over the Internet? What concerns are there with any such law?

Accepted Answer

Perhaps the fair use doctrine will need

Question 11

Which of the following is true about misappropriation of trade secrets?

Accepted Answer

A)  Although it is not necessary that the trade secret be patented, the secret must be such that it could be patented. 
B)  Trade secrets are protected regardless of the actions of the trade secret owner. 
C)  The plaintiff can recover only if the defendant acquired the secret through illegal means. 
D)  Injunctions are generally not available to protect trade secrets. 
E)  The plaintiff can recover only if the trade secret was registered with the Trade Secret Office in Washington, D.C. 
A)  Although it is not necessary that the trade secret be patented, the secret must be such that it could be patented. 
B)  Trade secrets are protected regardless of the actions of the trade secret owner. 
C)  The plaintiff can recover only if the defendant acquired the secret through illegal means. 
D)  Injunctions are generally not available to protect trade secrets. 
E)  The plaintiff can recover only if the trade secret was registered with the Trade Secret Office in Washington, D.C.

Question 12

A collective membership mark identifies membership in an organization,but does not identify goods or services.

Accepted Answer

A) True 
 B)False

Question 13

State unfair competition laws allow the owner of a trade secret to bring a lawsuit for ________ against anyone who steals a trade secret.

Accepted Answer

A)  appropriation 
B)  misappropriation 
C)  fraud 
D)  embezzlement 
E)  robbery 
A)  appropriation 
B)  misappropriation 
C)  fraud 
D)  embezzlement 
E)  robbery

Question 14

Federal and state law has concurrent jurisdiction regarding copyright law.

Accepted Answer

A) True 
 B)False

Question 15

Which of the following is true about trademark registration?

Accepted Answer

A)  Trademark registration is optional, because protection is automatic. 
B)  Once a trademark is registered, protection cannot be lost. 
C)  A trademark must be registered prior to its actual use in commerce. 
D)  The registration of a trademark can be renewed an unlimited number of times. 
E)  The registration of a trademark can be renewed for 50 years. 
A)  Trademark registration is optional, because protection is automatic. 
B)  Once a trademark is registered, protection cannot be lost. 
C)  A trademark must be registered prior to its actual use in commerce. 
D)  The registration of a trademark can be renewed an unlimited number of times. 
E)  The registration of a trademark can be renewed for 50 years.

Question 16

Both tangible writings and intangible ideas may be copyrighted.

Accepted Answer

A) True 
 B)False

Question 17

In order to be patentable,an invention must be proven to be able to be marketed profitably.

Accepted Answer

A) True 
 B)False

Question 18

Patent infringement occurs when someone makes unauthorized use of another's patent.

Accepted Answer

A) True 
 B)False

Question 19

Applications for patents must be filed with the U.S.Patent and Trademark Office (PTO)in Washington,D.C.

Accepted Answer

A) True 
 B)False

Question 20

Under the "on sale" doctrine,a patent may not be granted if the invention was used by the public for more than ________ prior to the filing of a patent application.

Accepted Answer

A)  one (1) month 
B)  three (3) months 
C)  six (6) months 
D)  one (1) year 
E)  three (3) years 
A)  one (1) month 
B)  three (3) months 
C)  six (6) months 
D)  one (1) year 
E)  three (3) years

Exam 7: Intellectual Property and Cyber Piracy

After the copyright period expires,the work enters the ________,which means that anyone can publish the word without paying the prior copyright holder.

A competitor can lawfully discover a trade secret by performing ________ (for example,taking apart and examining a rival's product or re-creating a secret recipe).

If a patent application is filed but a patent has not yet been issued,the applicant usually places the words ________ on the article.

Each of the following is a word that has lost its trademark due to generic use except:

The Copyright Dilution Act of 1986 currently governs copyright law.

Which of the following is not true about copyright protection for computer programs?

Generally,a successful plaintiff in a trade secret action can:

The most famous trade secret is the Nike "swoosh."

Which of the following is true?

What changes should be made to copyright law to reflect the ease with which much creative material can be reproduced and distributed over the Internet? What concerns are there with any such law?

Which of the following is true about misappropriation of trade secrets?

A collective membership mark identifies membership in an organization,but does not identify goods or services.

State unfair competition laws allow the owner of a trade secret to bring a lawsuit for ________ against anyone who steals a trade secret.

Federal and state law has concurrent jurisdiction regarding copyright law.

Which of the following is true about trademark registration?

Both tangible writings and intangible ideas may be copyrighted.

In order to be patentable,an invention must be proven to be able to be marketed profitably.

Patent infringement occurs when someone makes unauthorized use of another's patent.

Applications for patents must be filed with the U.S.Patent and Trademark Office (PTO)in Washington,D.C.

Under the "on sale" doctrine,a patent may not be granted if the invention was used by the public for more than ________ prior to the filing of a patent application.

Legal Heritage and the Information Age

Constitutional Law for Business and E-Commerce

Courts and Jurisdiction

Judicial, Alternative, Administrative, and E-Dispute Resolution

Torts and Strict Liability

Criminal Law and Cyber Crimes

Ethics and Social Responsibility of Business

Nature of Traditional and E-Contracts

Agreement and Consideration

Capacity and Legality

Genuineness of Assent and Statute of Frauds

Third-Party Rights and Discharge

Breach of Contract and Remedies

Digital Law and E-Commerce

Formation of Sales, Lease, and E-Contracts

Performance of Sales, Leases and E-Contracts

Remedies for Breach of Sales and Lease Contracts

Warranties and Product Liability

Creation and Transfer of Negotiable Instruments

Holder in Due Course and Liability of Parties

Banking System, E-Money, and Financial Reform

Credit and Secured Transactions

Bankruptcy and Reorganization

Agency Law

Small Business, Entrepreneurship, and Partnerships

Corporate Formation and Financing

Corporate Governance and Sarbanes-Oxley Act

Corporate Acquisitions and Multinational Corporations

Limited Liability Company and Limited Liability Partnership

Franchise and Special Forms of Business

Investor Protection,E-Securities Transactions,and Wall Street Reform

Antitrust Law

Consumer Safety, Consumer Financial Protection, and Environmental Protection

Labor, Worker Protection, Employment, and Immigration Law

Equal Opportunity in Employment

Personal Property, Bailment, and Insurance

Real Property, Landlord-Tenant Law, and Land Use Regulation

Family Law, Wills, and Trusts

Accountants' Liability

International and World Trade Law

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