Exam 8: Intellectual Property and Internet Law

Explore all topics

Blog magazine buys and publishes an article by Cleo. Later, Blog markets a Web site database that contains a compilation of Blog articles, including Cleo's, without her consent. Blog has most likely committed

Free

(Multiple Choice)

4.8/5

(36)

Question 1

Correct Answer:

Verified

Max plots a new Batman adventure and carefully and skillfully imitates the art of DC Comics to create an authentic-looking Batman comic. Max is not affiliated with the owners of the copyright to Batman. Can Max pub?lish the comic without infringing on the owners' copyright?

Free

(Essay)

4.9/5

(41)

Question 2

Correct Answer:

Verified

Probably not. The idea of a superhero crimefighter attired in tights and cape is not copyrightable, but the particular way in which an idea is expressed (in this case, in the character of Batman) is copy?rightable and may not be freely used by others. When the form or expres?sion of an idea is copied, an infringement of copyright occurs. The repro?duction does not have to be exactly the same as the original nor repro?duce the original in its entirety to constitute infringement.

National Consumer Company (NCC) uses a trademark that neither NCC nor anyone else has registered with the government. Under federal trademark law, NCC

Free

(Multiple Choice)

4.8/5

(41)

Question 3

Correct Answer:

Verified

Modern Clothing, Inc., and National Denim Corporation use the mark "Made by Members of the U.S. Textile Workers Union" on the tags of their products to indicate the participation of the union in the manufacture. Modern and National are not in business together and do not own this mark. The mark is

(Multiple Choice)

4.9/5

(30)

Question 4

The process behind the production of "Fast Pace," a racing car video game, is protected by

(Multiple Choice)

4.7/5

(35)

Question 5

USA Transport Company uses a mark associated with its name to distin?guish its services from those of other transport firms. The mark is

(Multiple Choice)

4.9/5

(32)

Question 6

A dilution cause of action requires proof that consumers are likely to be confused by a connection between a trademark and its unauthorized use.

(True/False)

4.7/5

(36)

Question 7

A generic term is not protected under trademark law unless it acquires a secondary meaning.

(True/False)

4.8/5

(35)

Question 8

A fanciful use of ordinary words may be trademarked.

(True/False)

4.9/5

(33)

Question 9

The unauthorized use of a "famous" trademark is prohibited only if the unauthorized user competes directly with the owner of the mark.

(True/False)

5.0/5

(39)

Question 10

A copy must be exactly the same as the original to infringe a copyright.

(True/False)

4.7/5

(36)

Question 11

In determining whether a copyrighted work is infringed under the "fair use" doctrine, one factor is the effect of the use on the market for the work.

(True/False)

4.8/5

(41)

Question 12

Pricing information is not a trade secret.

(True/False)

4.8/5

(39)

Question 13

Alpha Company develops "Browser Lite," software to speed the display of graphics on Web sites. Browser Lite has the most copyright protection under

(Multiple Choice)

4.8/5

(41)

Question 14

Cathy uses, on her new recording Drive By, the melody of a song written by Ed, without Ed's permission. This is

(Multiple Choice)

4.9/5

(35)

Question 15

Creative Marketing Corporation (CMC) obtains, and gives its employees, a list of the customers of Dandy Sales, Inc. (DSI), without DSI's permission. Under the law that applies to trade secrets, CMC's use of the list is actionable

(Multiple Choice)

4.9/5

(39)

Question 16

Ric designs a new computer hard drive, which he names "Sci Phi." He also writes the operating manual to be included with each final product. Ric could obtain patent protection for

(Multiple Choice)

4.8/5

(32)

Question 17

For five years, baby-food makers Baby-One Corporation and Baby-B-Mine, Inc., both use the phrase "Tastes Good" on their labels. Baby-One files a suit against Baby-B-Mine, claiming trademark infringement. Baby-B-Mine argues that the phrase is not generally associated with any particu?lar firm, pointing to other companies that use the same phrase on their labels. In whose favor is the court most likely to rule, and why?

(Essay)

4.7/5

(32)

Question 18

A suggestive use of ordinary words may not be trademarked.

(True/False)

5.0/5

(33)

Question 19

Elementals, Inc., makes computer chips iden?tical to Flik Quik Corporation's patented chip, except for slight dif?fer?ences in the "look," without Flik's permission. This is most likely

(Multiple Choice)

4.9/5

(33)

Question 20

Showing 1 - 20 of 84

Exam 8: Intellectual Property and Internet Law

Blog magazine buys and publishes an article by Cleo. Later, Blog markets a Web site database that contains a compilation of Blog articles, including Cleo's, without her consent. Blog has most likely committed

Max plots a new Batman adventure and carefully and skillfully imitates the art of DC Comics to create an authentic-looking Batman comic. Max is not affiliated with the owners of the copyright to Batman. Can Max pub?lish the comic without infringing on the owners' copyright?

National Consumer Company (NCC) uses a trademark that neither NCC nor anyone else has registered with the government. Under federal trademark law, NCC

Modern Clothing, Inc., and National Denim Corporation use the mark "Made by Members of the U.S. Textile Workers Union" on the tags of their products to indicate the participation of the union in the manufacture. Modern and National are not in business together and do not own this mark. The mark is

The process behind the production of "Fast Pace," a racing car video game, is protected by

USA Transport Company uses a mark associated with its name to distin?guish its services from those of other transport firms. The mark is

A dilution cause of action requires proof that consumers are likely to be confused by a connection between a trademark and its unauthorized use.

A generic term is not protected under trademark law unless it acquires a secondary meaning.

A fanciful use of ordinary words may be trademarked.

The unauthorized use of a "famous" trademark is prohibited only if the unauthorized user competes directly with the owner of the mark.

A copy must be exactly the same as the original to infringe a copyright.

In determining whether a copyrighted work is infringed under the "fair use" doctrine, one factor is the effect of the use on the market for the work.

Pricing information is not a trade secret.

Alpha Company develops "Browser Lite," software to speed the display of graphics on Web sites. Browser Lite has the most copyright protection under

Cathy uses, on her new recording Drive By, the melody of a song written by Ed, without Ed's permission. This is

Creative Marketing Corporation (CMC) obtains, and gives its employees, a list of the customers of Dandy Sales, Inc. (DSI), without DSI's permission. Under the law that applies to trade secrets, CMC's use of the list is actionable

Ric designs a new computer hard drive, which he names "Sci Phi." He also writes the operating manual to be included with each final product. Ric could obtain patent protection for

A suggestive use of ordinary words may not be trademarked.

Elementals, Inc., makes computer chips iden?tical to Flik Quik Corporation's patented chip, except for slight dif?fer?ences in the "look," without Flik's permission. This is most likely

Introduction to Law and Legal Reasoning

Courts and Alternative Dispute Resolution

Court Procedures

Constitutional Authority to Regulate Business

The Statute of Fraudswriting Requirements

Ethics and Business Decision Making

Intentional Torts

Negligence and Strict Liability

Criminal Law and Cyber Crimes

Nature and Terminology

Agreement

Consideration

Capacity and Legality

Mistakes, Fraud, and Voluntary Consent

Third Party Rights

Performance and Discharge

Breach of Contract and Remedies

E-Contracts and E-Signatures

The Formation of Sales and Lease Contracts

Title, Risk, and Insurable Interest

Performance Breach of Sales Lease Contracts

Warranties and Product Liability

The Function Creation of Negotiable Instruments

Transferability and Holder in Due Course

Liability, Defenses, and Discharge

Checks, the Banking System, and E-Money

Creditors Rights and Remedies

Secured Transactions

Bankruptcy Law

Agency Formation and Duties

Liability to Third Parties and Termination

Employment and Labor Law

Employment Discrimination

Sole Proprietorships and Franchises

Partnerships and Limited Liability Partnerships

Limited Liability Companies Special Business Forms

Corporationsformation and Financing

Corporationsdirectors, Officers, Shareholders

Corporationsmerger, Consolidation, Termination

Corporationssecurities Law Corporate Governance

Law for Small Businesses

Administrative Law

Consumer Law

Environmental Law

Antitrust Law

Personal Property and Bailments

Real Property and Landlord-Tenant Relationships

Insurance

Wills and Trusts

Professional Liaility and Accountability

International Law in a Global Economy

Legal and Ethical Issues in Business

Legal Issues

Contracts and Business Law

Contracts and Liability

Banking and Payment Systems

Loan Security and Repossession in Credit Transactions

Employment Law and Ethics

Legal Issues in Corporate Governance and Business Operations

Legal and Ethical Issues in Environmental Protection and Consumer Rights