Question 1

A company logo would be an example of a ________.

Accepted Answer

A)  trade secret 
B)  patent 
C)  trademark 
D)  copyright 
A)  trade secret 
B)  patent 
C)  trademark 
D)  copyright C

Question 2

Uploading copyrighted material to an unauthorized website by a non-copyright holder would count as an act of copyright infringement under the ________.

Accepted Answer

A)  Leahy-Smith America Invents Act 
B)  Berne Convention Act 
C)  Sonny Bono Copyright Term Extension Act 
D)  No Electronic Theft Act 
A)  Leahy-Smith America Invents Act 
B)  Berne Convention Act 
C)  Sonny Bono Copyright Term Extension Act 
D)  No Electronic Theft Act D

Question 3

Explain the origin of generic names with an example.

Accepted Answer

A generic name is a term for a mark that has become a common term for a product line or type of service and therefore has lost its trademark protection.Once a company has been granted a trademark or service mark,the company usually uses the mark as a brand name to promote its goods or services.Obviously,the owner of the mark wants to promote its brand so that consumers and users will easily recognize the brand name.However,sometimes a company may be too successful in promoting a mark,and at some point in time,the public begins to use the brand name as a common name to denote the type of product or service being sold rather than as the trademark or service mark of the individual seller.Once a trademark becomes a generic name,the term loses its protection under federal trademark law.An example of a generic name is videotape.The word "Videotape" was first trademarked by Ampex Corporation.However,the word came to be synonymous with the product itself and it was soon rendered a generic name.

Question 4

The Digital Millennium Copyright Act is a federal statute that prohibits unauthorized access to copyrighted digital works by circumventing encryption technology.

Accepted Answer

A) True 
 B)False

Question 5

A ________ is a grant by the federal government upon the inventor of an invention for the exclusive right to use,sell,or license the invention for a limited amount of time.

Accepted Answer

A)  geographical indication 
B)  patent 
C)  copyright 
D)  trademark 
A)  geographical indication 
B)  patent 
C)  copyright 
D)  trademark

Question 6

Marks are registered with the U.S.Copyright Office in Washington,DC.

Accepted Answer

A) True 
 B)False

Question 7

Design patents protect the functionality of the item.

Accepted Answer

A) True 
 B)False

Question 8

A ________ is a mark that confirms that a seller of a product or service has met certain requirements and standards established by the owner of the mark.

Accepted Answer

A)  trademark 
B)  certification mark 
C)  wordmark 
D)  hallmark 
A)  trademark 
B)  certification mark 
C)  wordmark 
D)  hallmark

Question 9

Contrast registered and unregistered marks and evaluate the advantages of the former over the latter.

Accepted Answer

Unregistered marks are used to assign an

Question 10

Which of the following is true of the fair use doctrine?

Accepted Answer

A)  It advocates the idea that a copyright holder's right in a work is absolute by law. 
B)  It forbids the use of copyrighted material in a satire or parody. 
C)  It helps copyright holders recover for copyright infringement where fair use is found. 
D)  It permits lawyers to use copyrighted material in a court proceeding. 
A)  It advocates the idea that a copyright holder's right in a work is absolute by law. 
B)  It forbids the use of copyrighted material in a satire or parody. 
C)  It helps copyright holders recover for copyright infringement where fair use is found. 
D)  It permits lawyers to use copyrighted material in a court proceeding.

Question 11

In the context of trademarks,when does secondary meaning arise in a mark?

Accepted Answer

A)  when a mark that resembles a mark already registered with the federal PTO is used for a new product or service 
B)  when descriptive words independent of the product are used to identify the product itself 
C)  when ordinary words establish new meaning due to its attachment to a product or service 
D)  when a distinctive mark or design is created for a new product or service 
A)  when a mark that resembles a mark already registered with the federal PTO is used for a new product or service 
B)  when descriptive words independent of the product are used to identify the product itself 
C)  when ordinary words establish new meaning due to its attachment to a product or service 
D)  when a distinctive mark or design is created for a new product or service

Question 12

Which of the following federal statutes was enacted by the Congress to protect trade secrets?

Accepted Answer

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

Question 13

If an invention has theoretical benefit and no useful purpose,it cannot be patented.

Accepted Answer

A) True 
 B)False

Question 14

A ________ protects the functionality of an invention.

Accepted Answer

A)  hallmark 
B)  design patent 
C)  utility patent 
D)  wordmark 
A)  hallmark 
B)  design patent 
C)  utility patent 
D)  wordmark

Question 15

Intellectual property rights are more subject to misappropriation than is tangible property.

Accepted Answer

A) True 
 B)False

Question 16

Which of the following is true of the collective membership mark?

Accepted Answer

A)  It identifies people who have met standards set by the group owning the mark. 
B)  It identifies the goods that are produced by the group owning the mark. 
C)  It identifies the works of art that are provided by the group owning the mark. 
D)  It identifies the service marks and the trademarks of the group owning the mark. 
A)  It identifies people who have met standards set by the group owning the mark. 
B)  It identifies the goods that are produced by the group owning the mark. 
C)  It identifies the works of art that are provided by the group owning the mark. 
D)  It identifies the service marks and the trademarks of the group owning the mark.

Question 17

Which of the following can be patented as a design patent?

Accepted Answer

A)  an academic book on chemical engineering 
B)  a blueprint of a hood ornament of a car 
C)  a photograph of a rare comet sighting 
D)  a map excavated from an archaeological site 
A)  an academic book on chemical engineering 
B)  a blueprint of a hood ornament of a car 
C)  a photograph of a rare comet sighting 
D)  a map excavated from an archaeological site

Question 18

How is a copyright different from a patent?

Accepted Answer

A)  Copyrights are applied for mechanical inventions, while a patent is applied for tangible writings. 
B)  Patents have a limited term period, while copyrights carry lifelong terms. 
C)  Patents fall under the state law, while copyrights fall under federal law. 
D)  Copyrights should be novel, and useful, while patents need not be so. 
A)  Copyrights are applied for mechanical inventions, while a patent is applied for tangible writings. 
B)  Patents have a limited term period, while copyrights carry lifelong terms. 
C)  Patents fall under the state law, while copyrights fall under federal law. 
D)  Copyrights should be novel, and useful, while patents need not be so.

Question 19

Under the Copyright Term Extension Act,individuals are granted copyright only for the first 20 years from the year of first publication.

Accepted Answer

A) True 
 B)False

Question 20

Define intellectual property and elaborate on its significance and vulnerabilities.

Accepted Answer

Intellectual property is a term that des

Exam 7: Intellectual Property and Cyber Piracy

A company logo would be an example of a ________.

Uploading copyrighted material to an unauthorized website by a non-copyright holder would count as an act of copyright infringement under the ________.

Explain the origin of generic names with an example.

The Digital Millennium Copyright Act is a federal statute that prohibits unauthorized access to copyrighted digital works by circumventing encryption technology.

A ________ is a grant by the federal government upon the inventor of an invention for the exclusive right to use,sell,or license the invention for a limited amount of time.

Marks are registered with the U.S.Copyright Office in Washington,DC.

Design patents protect the functionality of the item.

A ________ is a mark that confirms that a seller of a product or service has met certain requirements and standards established by the owner of the mark.

Contrast registered and unregistered marks and evaluate the advantages of the former over the latter.

Which of the following is true of the fair use doctrine?

In the context of trademarks,when does secondary meaning arise in a mark?

Which of the following federal statutes was enacted by the Congress to protect trade secrets?

If an invention has theoretical benefit and no useful purpose,it cannot be patented.

A ________ protects the functionality of an invention.

Intellectual property rights are more subject to misappropriation than is tangible property.

Which of the following is true of the collective membership mark?

Which of the following can be patented as a design patent?

How is a copyright different from a patent?

Under the Copyright Term Extension Act,individuals are granted copyright only for the first 20 years from the year of first publication.

Define intellectual property and elaborate on its significance and vulnerabilities.

Legal Heritage and the Digital Age

Constitutional Law for Business and E-commerce

Courts and Jurisdiction

Judicial Alternative Administrative and E-Dispute Resolution

Intentional Torts and Negligence

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 and Lease Contracts

Title to Goods and Risk of Loss

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 and Electronic Financial Transactions

Credit, Real Property Financing, and Secured Transactions

Bankruptcy and Reorganization

Agency law

Small Business, Entrepreneurship, and Partnerships

Corporate Formation and Financing

Corporate Governance and the Sarbanes-Oxley Act

Corporate Acquisitions and Multinational Corporations

Limited Liability Companies and Limited Liability Partnerships

Franchise and Special Forms of Business

Investor Protection, E-Securities, and Wall Street Reform

Antitrust Law and Unfair Trade Practices

Consumer Safety and Environmental Protection

Labor, Worker Protection, and Immigration Laws

Equal Opportunity in Employment

Personal Property, Bailment, and Insurance

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

Family Law, Wills, and Trusts

Accountants' Duties and Liability

International and World Trade Law

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