Question 1

A process or procedure is not eligible for copyright protection.

Accepted Answer

A) True 
 B)False

Question 2

Which of the following is not eligible for immediate trademark protection?

Accepted Answer

A)  fanciful trademarks 
B)  descriptive trademarks 
C)  arbitrary trademarks 
D)  suggestive trademarks 
A)  fanciful trademarks 
B)  descriptive trademarks 
C)  arbitrary trademarks 
D)  suggestive trademarks

Question 3

Companies sometimes make a strategic decision not to patent a particular invention or process.Why might a company sometimes choose not to seek a patent?

Accepted Answer

When a patent application is made,plans

Question 4

Since a trademark can gain protection by being used in commerce,what would the advantages be of registering the trademark with the U.S.Patent and Trademark Office?

Accepted Answer

By registering a trademark,the registran

Question 5

A patent pertaining to an invention is called a[n] _______ patent.

Accepted Answer

The answer of A patent pertaining to an invention is...

Question 6

Cybersquatting describes the practice of

Accepted Answer

A)  registering multiple domain names and then selling them back to companies at inflated prices. 
B)  hacking into a company's website to install a virus or Trojan horse designed to steal information but allow the site to continue operation. 
C)  using mechanical devices to access a company's website multiple times to the point that traffic to the site is slowed or blocked. 
D)  hacking into a company's website to install a virus designed to cause the company's website to totally cease operation. 
A)  registering multiple domain names and then selling them back to companies at inflated prices. 
B)  hacking into a company's website to install a virus or Trojan horse designed to steal information but allow the site to continue operation. 
C)  using mechanical devices to access a company's website multiple times to the point that traffic to the site is slowed or blocked. 
D)  hacking into a company's website to install a virus designed to cause the company's website to totally cease operation.

Question 7

Trade secrets are protectable

Accepted Answer

A)  for 9 years. 
B)  for 17 years. 
C)  for 23 years. 
D)  for as long as the company desires. 
A)  for 9 years. 
B)  for 17 years. 
C)  for 23 years. 
D)  for as long as the company desires.

Question 8

A utility or business method patent will last for

Accepted Answer

A)  14 years from the date of the filing of the application with the U.S. Patent and Trademark Office. 
B)  14 years from the date of the approval of the application granted by the U.S. Patent and Trademark Office. 
C)  20 years from the date of the filing of the application with the U.S. Patent and Trademark Office. 
D)  20 years from the date of the approval of the application granted by the U.S. Patent and Trademark Office. 
A)  14 years from the date of the filing of the application with the U.S. Patent and Trademark Office. 
B)  14 years from the date of the approval of the application granted by the U.S. Patent and Trademark Office. 
C)  20 years from the date of the filing of the application with the U.S. Patent and Trademark Office. 
D)  20 years from the date of the approval of the application granted by the U.S. Patent and Trademark Office.

Question 9

"Tweet" is a descriptive mark that has acquired a secondary meaning and is afforded protection.

Accepted Answer

A) True 
 B)False

Question 10

If a student goes to the library and plagiarizes text from a book or other publication,he or she is guilty of indirect infringement.

Accepted Answer

A) True 
 B)False

Question 11

Genericization occurs when a trademark has lost its distinctiveness and becomes a general term describing a type of product rather than a specific company's product.

Accepted Answer

A) True 
 B)False

Question 12

The Digital Millennium Copyright Act provided each of the following protections except

Accepted Answer

A)  manufacturers of CD-writers were required to pay 2 percent of their sales into a fund to be distributed to copyright holders because the CD-writers could easily copy music and other copyrighted works. 
B)  civil and criminal penalties were established for those who sell or manufacture products or services that circumvent antipiracy software. 
C)  restrictions were placed on analog recorders and camcorders that lack antipiracy features. 
D)  ISPs were relieved of liability for copyright infringement by their users as long as the ISP had no knowledge of the infringement. 
A)  manufacturers of CD-writers were required to pay 2 percent of their sales into a fund to be distributed to copyright holders because the CD-writers could easily copy music and other copyrighted works. 
B)  civil and criminal penalties were established for those who sell or manufacture products or services that circumvent antipiracy software. 
C)  restrictions were placed on analog recorders and camcorders that lack antipiracy features. 
D)  ISPs were relieved of liability for copyright infringement by their users as long as the ISP had no knowledge of the infringement.

Question 13

The No Electronic Theft Act primarily addressed protection regarding

Accepted Answer

A)  copyrights. 
B)  patents. 
C)  trademarks. 
D)  trade secrets. 
A)  copyrights. 
B)  patents. 
C)  trademarks. 
D)  trade secrets.

Question 14

The three stripes on Adidas clothing represent

Accepted Answer

A)  a trademark. 
B)  trade dress. 
C)  a trade secret. 
D)  a patent. 
A)  a trademark. 
B)  trade dress. 
C)  a trade secret. 
D)  a patent.

Question 15

Misappropriation is a civil offense punishable by compensatory and punitive damages but is not a criminal offense in any state.

Accepted Answer

A) True 
 B)False

Question 16

United Parcel Service has determined that the fewer left turns their trucks make,the more fuel they can conserve,and the savings are significant.As a result,the company has gone to great lengths to design and schedule delivery routes that primarily make right turns.This business method is patentable.

Accepted Answer

A) True 
 B)False

Question 17

Trade secret protections are provided through

Accepted Answer

A)  state statutes and common law. 
B)  federal statutes. 
C)  the U.S. Constitution. 
D)  the Uniform Trade Secrets Act. 
A)  state statutes and common law. 
B)  federal statutes. 
C)  the U.S. Constitution. 
D)  the Uniform Trade Secrets Act.

Question 18

In Metro-Goldwyn-Mayer Studios v.Grokster,Ltd.,Grokster claimed a fair use exception to the copyright infringement claim because its process was such that it was impossible for Grokster to know if the users of its device were infringing or not.Which of the following was the outcome?

Accepted Answer

A)  The Supreme Court agreed that since Grokster could not have known whether infringement was occurring, Grokster could not be held liable directly, indirectly, or vicariously. 
B)  The device provided by Grokster to its customers was capable of substantial noninfringing uses, so the fair use exception articulated in the Sony case was met. 
C)  Grokster was denied the fair use exception because the majority of its business model was dedicated to appealing to former Napster customers and the model showed intent to infringe on copyrights. 
D)  Grokster was allowed to use the fair use exception because all of the music its device was designed to copy was already in the public domain and therefore not protected. 
A)  The Supreme Court agreed that since Grokster could not have known whether infringement was occurring, Grokster could not be held liable directly, indirectly, or vicariously. 
B)  The device provided by Grokster to its customers was capable of substantial noninfringing uses, so the fair use exception articulated in the Sony case was met. 
C)  Grokster was denied the fair use exception because the majority of its business model was dedicated to appealing to former Napster customers and the model showed intent to infringe on copyrights. 
D)  Grokster was allowed to use the fair use exception because all of the music its device was designed to copy was already in the public domain and therefore not protected.

Question 19

The color or shape of an item,if distinctive,is

Accepted Answer

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

Question 20

Which of the following does not have to be shown for copyright protection to be granted?

Accepted Answer

A)  The work is original. 
B)  The work has a present or potential value. 
C)  The work exhibits some degree of creativity. 
D)  The work is fixed in a durable medium. 
A)  The work is original. 
B)  The work has a present or potential value. 
C)  The work exhibits some degree of creativity. 
D)  The work is fixed in a durable medium.

Exam 24: Intellectual Property

A process or procedure is not eligible for copyright protection.

Which of the following is not eligible for immediate trademark protection?

Companies sometimes make a strategic decision not to patent a particular invention or process.Why might a company sometimes choose not to seek a patent?

Since a trademark can gain protection by being used in commerce,what would the advantages be of registering the trademark with the U.S.Patent and Trademark Office?

A patent pertaining to an invention is called a[n] _______ patent.

Cybersquatting describes the practice of

Trade secrets are protectable

A utility or business method patent will last for

"Tweet" is a descriptive mark that has acquired a secondary meaning and is afforded protection.

If a student goes to the library and plagiarizes text from a book or other publication,he or she is guilty of indirect infringement.

Genericization occurs when a trademark has lost its distinctiveness and becomes a general term describing a type of product rather than a specific company's product.

The Digital Millennium Copyright Act provided each of the following protections except

The No Electronic Theft Act primarily addressed protection regarding

The three stripes on Adidas clothing represent

Misappropriation is a civil offense punishable by compensatory and punitive damages but is not a criminal offense in any state.

Trade secret protections are provided through

In Metro-Goldwyn-Mayer Studios v.Grokster,Ltd.,Grokster claimed a fair use exception to the copyright infringement claim because its process was such that it was impossible for Grokster to know if the users of its device were infringing or not.Which of the following was the outcome?

The color or shape of an item,if distinctive,is

Which of the following does not have to be shown for copyright protection to be granted?

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