Question 1

Downloading software or music into a computer's random access memory without authorization is copyright infringement.

Accepted Answer

A) True 
 B)False

Question 2

Which of the following can not be registered as a trade name?

Accepted Answer

A)  Pear Blossom, Certified Public Accountant 
B)  Apples & Oranges, Investment Partnership 
C)  Banana Republic Clothing, Inc. 
D)  Strawberries 
A)  Pear Blossom, Certified Public Accountant 
B)  Apples & Oranges, Investment Partnership 
C)  Banana Republic Clothing, Inc. 
D)  Strawberries

Question 3

Sights Unseen, Inc., (SUI) sells telescopes with distinctively designed lenses and mirrors. Later, without SUI's permission, Telescopes Etc. Corporation begins to sell scopes with identical structures of lenses and mirrors. This is most likely

Accepted Answer

A)  copyright infringement. 
B)  patent infringement. 
C)  trademark infringement. 
D)  not infringement. 
A)  copyright infringement. 
B)  patent infringement. 
C)  trademark infringement. 
D)  not infringement.

Question 4

New Apps Company develops "Browser Lite" software, which speeds the display of graphics on Web sites. Browser "Lite" has the most copyright protection under

Accepted Answer

A)  the Berne Convention. 
B)  the Paris Convention 
C)  the TRIPS Agreement. 
D)  the Madrid Protocol. 
A)  the Berne Convention. 
B)  the Paris Convention 
C)  the TRIPS Agreement. 
D)  the Madrid Protocol.

Question 5

Paula develops a new espresso machine that she names "Sure Shot." She also writes an operating manual for the machine. Paula can obtain trademark protection for

Accepted Answer

A)  the espresso machine. 
B)  the "newness" of the espresso machine. 
C)  the name "Sure Shot." 
D)  the operating manual. 
A)  the espresso machine. 
B)  the "newness" of the espresso machine. 
C)  the name "Sure Shot." 
D)  the operating manual.

Question 6

RiteMade Machinery, Inc., designs, makes, and sells a drill press. Steel Equipment Company copies the design without RiteMade's permission. Steel's conduct is actionable provided that

Accepted Answer

A)  consumers are confused. 
B)  Steel's conduct is intentional. 
C)  Steel's conduct reduces the value of RiteMade's design. 
D)  RiteMade's design is patented. 
A)  consumers are confused. 
B)  Steel's conduct is intentional. 
C)  Steel's conduct reduces the value of RiteMade's design. 
D)  RiteMade's design is patented.

Question 7

Caramello Chip & Cookie Corporation (4C) obtains, and gives its employees, a list of the customers of Sugar & Spice Sales, Inc. (3S). Under the law that applies to trade secrets, 4C's conduct is actionable provided

Accepted Answer

A)  consumers are confused. 
B)  4C's conduct is intentional. 
C)  4C uses the list. 
D)  4C does not have 3S's permission to use the list. 
A)  consumers are confused. 
B)  4C's conduct is intentional. 
C)  4C uses the list. 
D)  4C does not have 3S's permission to use the list.

Question 8

E-Shopping Corporation inserts Fiesta Mall, Inc.'s trademark as a meta tag in E-Shopping's Web site's key-words field without Fiesta's permission in a manner that suggests Fiesta authorized the use. This is

Accepted Answer

A)  copyright infringement. 
B)  patent infringement. 
C)  trademark infringement. 
D)  no infringement. 
A)  copyright infringement. 
B)  patent infringement. 
C)  trademark infringement. 
D)  no infringement.

Question 9

Cybersquatting occurs when a person repeatedly visits a business's website.

Accepted Answer

A) True 
 B)False

Question 10

James buys a copy of the book Downpour. Later, after reading the book, James sells it to his sister. Under the first sale doctrine, James's sale of the book is

Accepted Answer

A)  legal. 
B)  legal only if the copyright has expired. 
C)  legal only if he sells it for less than he paid for it. 
D)  illegal. 
A)  legal. 
B)  legal only if the copyright has expired. 
C)  legal only if he sells it for less than he paid for it. 
D)  illegal.

Question 11

Billy opens a bicycle shop that sells an innovative new kind of bicycle. He decides to call the bicycles "Bicycles." Billy extensively markets his product, has a high sales volume and becomes well known for selling Bicycles. The term Bicycle

Accepted Answer

A)  is automatically protected against trademark infringement. 
B)  receives no protection against trademark infringement. 
C)  can be registered as a trademark to obtain protection against trademark infringement. 
D)  can be registered as a certification mark. 
A)  is automatically protected against trademark infringement. 
B)  receives no protection against trademark infringement. 
C)  can be registered as a trademark to obtain protection against trademark infringement. 
D)  can be registered as a certification mark.

Question 12

In cyberspace, no two businesses can use the same domain name.

Accepted Answer

A) True 
 B)False

Question 13

It is estimated that over 70 percent of the goods imported to the United States are counterfeit.

Accepted Answer

A) True 
 B)False

Question 14

Stormclouds Inc. makes and markets its U.S. patented Tempest Tablet in the United States. Squalls Ltd., a Chinese firm, begins making and marketing the same product in China as Outburst Pad without Stormclouds's permission. Squalls is

Accepted Answer

A)  not guilty of patent infringement. 
B)  guilty of patent infringement. 
C)  guilty of trademark infringement. 
D)  in violation of the America Invents Act. 
A)  not guilty of patent infringement. 
B)  guilty of patent infringement. 
C)  guilty of trademark infringement. 
D)  in violation of the America Invents Act.

Question 15

Foreign firms cannot obtain U.S. patent protection on items that they sell in the United States.

Accepted Answer

A) True 
 B)False

Question 16

The idea for "On Your Mark," a computer game featuring world-class athletic competition in extreme and unique contests, is protected by

Accepted Answer

A)  copyright law. 
B)  patent law. 
C)  trademark law. 
D)  trade secrets law. 
A)  copyright law. 
B)  patent law. 
C)  trademark law. 
D)  trade secrets law.

Question 17

Elvin publishes a book titled First Place, which includes a chapter from Frank's copyrighted book Olympic Winners & Losers. Elvin's use of the chapter is actionable provided

Accepted Answer

A)  consumers are confused. 
B)  Elvin's use is intentional. 
C)  Elvin's use reproduces Frank's chapter exactly. 
D)  Elvin does not have Frank's permission. 
A)  consumers are confused. 
B)  Elvin's use is intentional. 
C)  Elvin's use reproduces Frank's chapter exactly. 
D)  Elvin does not have Frank's permission.

Question 18

Each member country of the TRIPS agreement must include in its domestic laws intellectual property rights.

Accepted Answer

A) True 
 B)False

Question 19

A license permits the use of another's intellectual property for certain limited purposes.

Accepted Answer

A) True 
 B)False

Question 20

To be patentable, an invention, discovery, or design must be novel, useful and not obvious in light of current technology.

Accepted Answer

A) True 
 B)False

Exam 5: Intellectual Property and Internet Law

Downloading software or music into a computer's random access memory without authorization is copyright infringement.

Which of the following can not be registered as a trade name?

Sights Unseen, Inc., (SUI) sells telescopes with distinctively designed lenses and mirrors. Later, without SUI's permission, Telescopes Etc. Corporation begins to sell scopes with identical structures of lenses and mirrors. This is most likely

New Apps Company develops "Browser Lite" software, which speeds the display of graphics on Web sites. Browser "Lite" has the most copyright protection under

Paula develops a new espresso machine that she names "Sure Shot." She also writes an operating manual for the machine. Paula can obtain trademark protection for

RiteMade Machinery, Inc., designs, makes, and sells a drill press. Steel Equipment Company copies the design without RiteMade's permission. Steel's conduct is actionable provided that

Caramello Chip & Cookie Corporation (4C) obtains, and gives its employees, a list of the customers of Sugar & Spice Sales, Inc. (3S). Under the law that applies to trade secrets, 4C's conduct is actionable provided

E-Shopping Corporation inserts Fiesta Mall, Inc.'s trademark as a meta tag in E-Shopping's Web site's key-words field without Fiesta's permission in a manner that suggests Fiesta authorized the use. This is

Cybersquatting occurs when a person repeatedly visits a business's website.

James buys a copy of the book Downpour. Later, after reading the book, James sells it to his sister. Under the first sale doctrine, James's sale of the book is

Billy opens a bicycle shop that sells an innovative new kind of bicycle. He decides to call the bicycles "Bicycles." Billy extensively markets his product, has a high sales volume and becomes well known for selling Bicycles. The term Bicycle

In cyberspace, no two businesses can use the same domain name.

It is estimated that over 70 percent of the goods imported to the United States are counterfeit.

Stormclouds Inc. makes and markets its U.S. patented Tempest Tablet in the United States. Squalls Ltd., a Chinese firm, begins making and marketing the same product in China as Outburst Pad without Stormclouds's permission. Squalls is

Foreign firms cannot obtain U.S. patent protection on items that they sell in the United States.

The idea for "On Your Mark," a computer game featuring world-class athletic competition in extreme and unique contests, is protected by

Elvin publishes a book titled First Place, which includes a chapter from Frank's copyrighted book Olympic Winners & Losers. Elvin's use of the chapter is actionable provided

Each member country of the TRIPS agreement must include in its domestic laws intellectual property rights.

A license permits the use of another's intellectual property for certain limited purposes.

To be patentable, an invention, discovery, or design must be novel, useful and not obvious in light of current technology.

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