Question 1

Trek Transport Company uses a mark associated with its name to distinguish its services from those of other trucking firms. This mark is

Accepted Answer

A)  a certification mark. 
B)  a collective mark. 
C)  a service mark. 
D)  a trade name. 
A)  a certification mark. 
B)  a collective mark. 
C)  a service mark. 
D)  a trade name.

Question 2

A service mark distinguishes products used, or "put into service," by the government.

Accepted Answer

A) True 
 B)False

Question 3

Patent infringement is a tort.

Accepted Answer

A) True 
 B)False

Question 4

Megan goes to visit her friend Kathleen. While visiting, Megan downloads Kathleen's copy of Photoshop onto her computer's random access memory without Kathleen's permission. Megan is guilty of

Accepted Answer

A)  copyright infringement. 
B)  patent infringement. 
C)  cybersquatting. 
D)  trademark dilution. 
A)  copyright infringement. 
B)  patent infringement. 
C)  cybersquatting. 
D)  trademark dilution.

Question 5

Trade names have the same legal protection as trademarks.

Accepted Answer

A) True 
 B)False

Question 6

Information that is not or cannot be protected under trademark, patent, or copyright law may be protected under the law of trade secrets.

Accepted Answer

A) True 
 B)False

Question 7

Sayers is very clever and spends lots of time creating new things. Which of the following is not copyrightable?

Accepted Answer

A)  A sculpture of Sayers's dog 
B)  A book about Sayers's business successes 
C)  A movie about Sayers's life 
D)  Sayers's idea for a new way to play the guitar 
A)  A sculpture of Sayers's dog 
B)  A book about Sayers's business successes 
C)  A movie about Sayers's life 
D)  Sayers's idea for a new way to play the guitar

Question 8

A patent and a copyright are examples of intellectual property, but a trademark is not an example of intellectual property.

Accepted Answer

A) True 
 B)False

Question 9

Li'l Canine Company (LCC) uses a trademark that neither LCC nor anyone else has registered with the government. Under federal trademark law, LCC

Accepted Answer

A)  can register the mark for protection. 
B)  cannot register a mark that has been used in commerce. 
C)  has committed trademark infringement. 
D)  must put off registration until the mark is out of use for six months. 
A)  can register the mark for protection. 
B)  cannot register a mark that has been used in commerce. 
C)  has committed trademark infringement. 
D)  must put off registration until the mark is out of use for six months.

Question 10

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

Accepted Answer

A) True 
 B)False

Question 11

Ewa is Diamond Financial Planners' most productive employee. She is dissatisfied with the commission structure, however, so she quits to work for Feldstar Investments, Inc. When she leaves Diamond's employ, she takes her list of Diamond's clients so that she can induce them to switch to Feldstar. Trade secrets law covers

Accepted Answer

A)  Diamond's list of clients. 
B)  Ewa's performance. 
C)  Feldstar's commission structure. 
D)  none of the choices. 
A)  Diamond's list of clients. 
B)  Ewa's performance. 
C)  Feldstar's commission structure. 
D)  none of the choices.

Question 12

A marketing technique can be a trade secret.

Accepted Answer

A) True 
 B)False

Question 13

The states and the federal government provide for the registration of trademarks.

Accepted Answer

A) True 
 B)False

Question 14

In 2012, Online Marketing Corporation registers its trademark as provided by federal law. After the first renewal, this registration

Accepted Answer

A)  is renewable every ten years. 
B)  is renewable every twenty years. 
C)  runs for the life of the corporation plus seventy years. 
D)  runs forever. 
A)  is renewable every ten years. 
B)  is renewable every twenty years. 
C)  runs for the life of the corporation plus seventy years. 
D)  runs forever.

Question 15

A certification mark distinguishes products approved, or "certified," by the government.

Accepted Answer

A) True 
 B)False

Question 16

The TRIPS agreement covers computer programs.

Accepted Answer

A) True 
 B)False

Question 17

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

Accepted Answer

A) True 
 B)False

Question 18

In cyberspace, trademarks are sometimes called cyber marks.

Accepted Answer

A) True 
 B)False

Question 19

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 20

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

Accepted Answer

A) True 
 B)False

Exam 5: Intellectual Property and Internet Law

Trek Transport Company uses a mark associated with its name to distinguish its services from those of other trucking firms. This mark is

A service mark distinguishes products used, or "put into service," by the government.

Patent infringement is a tort.

Megan goes to visit her friend Kathleen. While visiting, Megan downloads Kathleen's copy of Photoshop onto her computer's random access memory without Kathleen's permission. Megan is guilty of

Trade names have the same legal protection as trademarks.

Information that is not or cannot be protected under trademark, patent, or copyright law may be protected under the law of trade secrets.

Sayers is very clever and spends lots of time creating new things. Which of the following is not copyrightable?

A patent and a copyright are examples of intellectual property, but a trademark is not an example of intellectual property.

Li'l Canine Company (LCC) uses a trademark that neither LCC nor anyone else has registered with the government. Under federal trademark law, LCC

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

A marketing technique can be a trade secret.

The states and the federal government provide for the registration of trademarks.

In 2012, Online Marketing Corporation registers its trademark as provided by federal law. After the first renewal, this registration

A certification mark distinguishes products approved, or "certified," by the government.

The TRIPS agreement covers computer programs.

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

In cyberspace, trademarks are sometimes called cyber marks.

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

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

The Legal Environment

Constitutional Law

Courts and Alternative Dispute Resolution

Torts and Cyber Torts

Criminal Law and Cyber Crime

Ethics and Business Decision Making

Nature and Classification

Agreement in Traditional and E-Contracts

Consideration

Capacity and Legality

Voluntary Consent

The Statute of Fraudswriting Requirement

Performance and Discharge

Breach and Remedies

Third Party Rights

The Formation of Sales and Lease Contracts

Title and Risk of Loss

Performance and Breach of Sales Lease Contracts

Warranties and Product Liability

Negotiable Instruments: Transferability Liability

Checks and Banking in the Digital Age

Security Interests in Personal Property

Other Creditors Remedies and Suretyship

Bankruptcy

Mortgages Foreclosures After the Recession

International Law in a Global Economy

Agency Relationships in Business

Employment, Immigration, and Labor Law

Employment Discrimination and Diversity

Sole Proprietorships and Private Franchises

All Forms of Partnership

Limited Liability Companies Special Business Forms

Corporate Formation and Financing

Corporate Directors, Officers, and Shareholders

Corporate Acquisitions, Takeovers, and Termination

Investor Protection, Insider Trading, Corp Governance

Administrative Law

Promoting Competition

Consumer and Environmental Law

Liability of Accountants Other Professionals

Personal Property and Bailments

Real Property and Landlord-Tenant Law

Insurance, Wills, and Trusts

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