Exam 11: Intellectual Property

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Garry uses AOL, an Internet service provider, to access a file sharing website that can help Garry download copyright protected music. AOL can be held liable for Garry's actions.

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False

How does the law deal with cases where people attempt to register domain names containing well-known trademarks that do not belong to them?

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The law states that using famous trademarks to register domain names by people who do not own the trademark, is a violation of the trademark law. 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". A trademark owner can alternatively pursue arbitration against an improper domain name registrant. The Internet Corporation for Assigned Names and Numbers (ICANN) has a formal dispute resolution policy, and has the authority to cancel or transfer the registration of the losing party.

_____ refers to the ability of an invention to produce surprising or unexpected results; that is, results not anticipated by prior art.

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Misappropriation of a trade secret occurs when:

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

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The protections of property often do not apply automatically to ownership of intangible knowledge resources.

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Discuss why computer software code should be copyrightable.

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Discuss the various types of trademarks.

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Discuss the laws concerning file-sharing of copyrighted materials.

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Design patents apply to the appearance of an article of manufacture, unrelated to its function.

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

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Explain the characteristics an invention should have to be patentable.

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A _____ patent applies to useful, functional inventions.

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Which of the following is an incorrect statement regarding copyrights?

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Which of the following is true of trade dress?

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Which of the following defenses can an alleged infringer use to prove that the patent is invalid?

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A ________ refers to a public meaning that is different from its meaning as a person's name or as a distinctive term, a public meaning that makes the name or term distinctive.

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

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Misappropriation occurs when one discloses information that one was under a duty to keep secret, even if the original acquisition was proper.

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The "one-year rule" applies to _____ law.

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