Deck 14: Intellectual Property

Question 1

BBQ Grills, Inc. produces barbecue grills. One of its grills is a copy of the physical appearance of a grill sold by a rival company. Which of the following intellectual property infringement has BBQ Grills committed?

A) trademark
B) trade dress
C) copyright
D) service mark

Answer 1

B

Question 2

Which of the following is the best description of intellectual property?

A) physical property, such as land and housing
B) anything that a person thinks
C) property that is the result of mental creativity
D) property that is considered to be very fruitful

Answer 2

C

Question 3

Which of the following statements is true about trade dress?

A) The main focus of a case of trade-dress infringement is usually on whether the trade dress is primarily functional.
B) One of the elements that a party must prove to succeed on a claim of trade-dress infringement is that the alleged infringement creates a likelihood of confusion.
C) Trade dress is entitled to lesser protection than a trademark.
D) Trade dress must be registered to receive protection from the law.

Answer 3

B

Question 4

identify the producers as belonging to a larger group.

A) Product trademarks
B) Service marks
C) Collective marks
D) Certification marks

Question 5

Paul is the owner of a newly-opened theme park. A rival theme park named Sunny Universe has accused Paul of copying its theme and filed a trade-dress infringement suit against Paul. Which of the following should Sunny Universe prove in order to win the case?

A) Sunny Universe's theme has been registered with the Patent Office under the Lanham Act of 1947.
B) Sunny Universe's theme is primarily functional.
C) The theme adopted by Sunny Universe is inherently distinct and has acquired a secondary meaning.
D) The theme adopted by Paul's theme park is unlikely to create confusion among customers.

Question 6

The U.S. Patent Office registers trademarks under the .

A) Baker Act of 1971
B) Lanham Act of 1947
C) Glass-Steagall Act of 1933
D) Public Information Act of 1966

Question 7

Which of the following is an incorrect statement regarding trade-dress infringement?

A) The main focus of a case of trade-dress infringement is usually whether there is the likelihood of consumer confusion.
B) trade-dress violations occur over a narrow range of products.
C) A claim of trade-dress infringement is often accompanied by a claim of trademark infringement.
D) Trade dress is entitled to the same protection as a trademark.

Question 8

are marks licensed by a group that has established certain criteria for use of the mark.

A) Product trademarks
B) Service marks
C) Collective marks
D) Certification marks

Question 9

Sparkle, Inc., a beverage company, uses a distinctly-shaped bottle to sell its beverages. Customers identify its beverages by the shape of its bottle. One of its competitors designs a similarly-shaped bottle for its product. Which of the following types of intellectual property infringement has Sparkle, Inc.'s competitor committed?

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

Question 10

Which of the following can be protected by using trademark law?

A) a short story written on a word processor
B) a logo used to identify a business
C) the product formula used to manufacture a famous soft drink
D) the bottling machine used to fill bottles in a beverage company

Question 11

Audiophile is a record store. It specializes in a particular genre of music. It includes a distinctive sound in its advertisement campaigns. It wishes to protect this sound from being copied. Under which of the following intellectual properties should Audiophile register its distinctive sound?

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

Question 12

Which of the following statements is true about trademarks?

A) The owner of an unregistered mark may recover damages from an infringer.
B) An injunction prohibiting an infringer from using a trademark is provided only if the mark is registered.
C) A trademark that uses the name of a person cannot be registered with the Patent Office.
D) The Patent Office will not register a trademark that is generic, descriptive, or deceptive.

Question 13

Which of the following statements is true of registering a trademark with the Patent Office?

A) The Patent Office registers trademarks that are descriptive.
B) The Patent Office does not register trademarks that use the name of a person.
C) To register a trademark with the Patent Office, one must indicate when the final drawing of the trademark was created and provide a list of competitors.
D) To register a trademark with the Patent Office, one must indicate when it was first used in interstate commerce and how it is used.

Question 14

Which of the following is an incorrect statement regarding trademarks?

A) A color has been found to constitute a trademark.
B) A phrase can be trademarked.
C) A trademark used intrastate is protected under international intellectual property law.
D) To be protected in interstate use, a trademark must be registered with the U.S. Patent Office under the Lanham Act of 1947.

Question 15

To succeed on a claim of trade-dress infringement, a plaintiff must prove that the .

A) trade dress is primarily nonfunctional
B) trade dress has not acquired a secondary meaning
C) alleged infringement does not create confusion
D) value of the trade dress has been diminished

Question 16

Which of the following is an incorrect statement regarding trademarks?

A) There has been substantial litigation over precisely what features can and cannot serve as a trademark.
B) Phrases cannot be trademarked.
C) A sound has been found to constitute a trademark.
D) A scent has been found to constitute a trademark.

Question 17

Which of the following is not a required element for a successful trade dress claim?

A) The trade dress is primarily nonfunctional.
B) The trade dress adheres to industry standards.
C) The trade dress is inherently distinctive or has acquired a secondary meaning.
D) The alleged infringement creates a likelihood of confusion.

Question 18

A is a distinctive mark used by a seller in conjunction with a product that tends to cause the consumer to identify the product with the producer.

A) copyright
B) trademark
C) trade secret
D) patent

Question 19

The purpose of trademark dilution laws is to .

A) prohibit the use of distinctive trademarks only when there is a possibility of consumer confusion
B) prohibit the use of distinctive trademarks even without a showing of consumer confusion
C) allow the use of famous trademarks on completely unrelated goods
D) allow the use of famous trademarks on completely unrelated goods only if there is no possibility of consumer confusion

Question 20

Which of the following statements is true about the Federal Trademark Dilution Act of 1995?

A) The Federal Trademark Dilution Act of 1995 protects trademarks from unauthorized use on competing goods only.
B) It extends protection only to identical marks.
C) It prohibits the use of "distinctive" or "famous" trademarks even without a showing of consumer confusion.
D) It does not consider a trademark's value to be diminished if it is used on unrelated goods.

Question 21

Under common law, to enjoin a competitor from continuing the use of a trade secret, or to recover damages caused by the use of the secret, a plaintiff must prove that the defendant acquired it through unlawful means.

Question 22

Collective marks are marks identifying the producers as belonging to a larger group.

Question 23

Which of the following is an incorrect statement regarding the Federal Trademark Dilution Act of 1995?

A) Trademark dilution occurs through blurring.
B) Trademark dilution occurs through tarnishment.
C) Blurring occurs when someone uses a mark in a way that causes the famous mark to be linked with an inferior quality product or an unwholesome category of products.
D) Blurring occurs when the distinctiveness of the famous mark is reduced by its association with a similar mark.

Question 24

Trademark dilution laws prohibit the use of "distinctive" or "famous" trademarks even without a showing of consumer confusion.

Question 25

What must a plaintiff prove to succeed on a claim of trade-dress infringement?

Question 26

Which of the following can be protected using trade secret law?

A) a short story written on a word processor
B) a logo used to identify a business
C) the product formula used to manufacture a famous soft drink
D) a computer program that calculates compound interest

Question 27

A trade secret is a process, product, method of operation, or compilation of information that gives a businessperson an advantage over his or her competitors.

Question 28

Under common law, to enjoin a competitor from continuing the use of a trade secret, or to recover damages caused by the use of the secret, a plaintiff must prove that the defendant used the trade secret without the plaintiff's permission.

Question 29

Discuss the types of marks protected under the Lanham Act.

Question 30

Trade secrets are not protected under the Economic Espionage Act.

Question 31

Reverse engineering is a lawful means for discovering a trade secret.

Question 32

A is a compilation of information that is not known to the public and gives a businessperson an advantage over his or her competitors.

A) patent
B) utility model
C) Madrid system
D) trade secret

Question 33

Which of the following statements is true about trade secrets?

A) A trade secret is a distinctive mark, word, design, picture, or arrangement used by the producer of a product that tends to cause consumers to identify the product with the producer.
B) Inventions and designs are not considered as trade secrets.
C) A trade secret is protected by the common law as long as it is kept secret and comprises elements not generally known in the trade.
D) If a trade secret is discovered by a competitor through reverse engineering, the competitor may not profit from the discovery without paying royalties to the party holding the trade secret.

Question 34

Going on public tours of plants and observing the use of trade secrets is considered an unlawful method of discovering a trade secret.

Question 35

To be protected in intrastate use, a trademark must be registered with the U.S. Patent Office.

Question 36

What were the consequences of the Federal Trademark Dilution Act of 1995 (FTDA)?

Question 37

Which of the following is an incorrect statement regarding the Economic Espionage Act?

A) Trade secrets are protected under the Economic Espionage Act.
B) Under Section 1832 of the Economic Espionage Act, an individual who misappropriates a trade secret related to a product produced for interstate commerce, with the knowledge or intent that the misappropriation will harm the owner of the trade secret, may be subject to a prison term of up to 10 years.
C) An organization convicted under Section 1832 of the Economic Espionage Act may be fined up to $1 million.
D) Under Section 1831 of the Economic Espionage Act, the misappropriation of trade secrets with the knowledge that the secret will benefit a foreign power may lead to individual prison sentences of up to 15 years per offense and fines for organizations of up to $10 million.

Question 38

Explain the process of registering a trademark with the U.S. Patent Office.

Question 39

To enjoin a competitor from continuing the use of a trade secret, a plaintiff must prove that the .

A) trade secret bestows a competitive advantage upon the defendant
B) plaintiff's business has suffered losses due to its use by the defendant
C) defendant used the trade secret without the plaintiff's permission
D) defendant used reverse engineering to discover the trade secret

Question 40

SparkLight, Inc. is a company that manufactures electric lights. It develops a new type of electric lamp called FullBright. One of its competitors releases the same product into the market. SparkLight, Inc. files a lawsuit against the competitor. Which of the following statements is true of this scenario?

A) If FullBright is registered as a trade secret, SparkLight, Inc. should prove that the competitor used the trade secret without its permission.
B) If FullBright is registered as a trade secret, SparkLight, Inc. can recover damages even if the competitor discovered the trade secret by lawful means.
C) If a patent has been issued for FullBright, SparkLight, Inc.'s competitor is not guilty of infringement if it reverse engineered FullBright.
D) If a patent has been issued for FullBright, SparkLight, Inc. can form a tying arrangement with its competitor to receive royalties.

Question 41

Andrew and Martha license each other to use their patents. They agree not to license their patents to anyone else without asking for the other's permission first. Which of the following statements is true of Andrew and Martha's agreement?

A) This arrangement must be registered in court.
B) This arrangement constitutes an unlawful tying arrangement.
C) This arrangement constitutes unlawful cross-licensing.
D) This arrangement is legal and valid.

Question 42

is an illegal use of patents that occurs when a holder issues a license to another individual to use a patented object only if the licensee agrees to buy some non-patented product from the holder.

A) Cross-licensing
B) Full-line vending
C) Franchising
D) Tying arrangement

Question 43

A arrangement occurs when the patent holder issues a license to use the patented object only if the licensee agrees also to buy some non-patented product from the holder.

A) bonding
B) parallel
C) tying
D) congruent

Question 44

Which of the following best describes cross-licensing?

A) One patent holder licenses another individual to use a patented object, and in return, the patent holder is given the right to hold any patents the licensee may have.
B) Two patent holders license each other to use their patents as long as both holders are allowed to license to other parties.
C) Two different patent holders license a third individual to use a patented object, and that third party uses the two patents in an authorized manner.
D) Two patent holders license each other to use their patents on the condition that neither licenses anyone else to use his or her patent without the other's consent.

Question 45

Which of the following is a difference between a patent and a trade secret?

A) A patent grants its holder exclusive monopoly over the product for 20 years, whereas a trade secret does not.
B) A trade secret goes into the public domain after a period of 10 years, but a patent does not.
C) The law protects a trade secret that has been reverse engineered by a competitor but not a patent.
D) Business methods are generally protected by patent laws, but they cannot be protected by trade secret laws.

Question 46

Which of the following statements is true of patents?

A) The object of a patent can be one that a person of ordinary skill in the trade could have easily discovered.
B) Courts generally grant patents for business methods.
C) A patent holder has the exclusive right to produce, sell, and use the patented object for the duration of ten years.
D) No other party should have created or published the plans for the object of a patent.

Question 47

What is a trade secret? What must a plaintiff prove under common law to enjoin a competitor for continuing the use of a trade secret, or to recover damages caused by the use of the secret?

Question 48

For the remainder of his or her life, a patent holder has the exclusive right to produce, sell, and use the object of the patent.

Question 49

The U.S. Supreme Court did not categorically find that business methods could not be patented.

Question 50

Which of the following statements is true about common illegal uses of patents?

A) A tying arrangement occurs when the patent holder issues a license to use the patented object only if the licensee agrees also to buy some non-patented product from the holder.
B) A tying arrangement occurs when the patent holder issues a license to use the patented object in a manner dictated by the patent holder.
C) Cross-licensing occurs when two patent holders sell their patents to one another.
D) Cross-licensing occurs when a patent holder extends his or her patent to cover a similar object.

Question 51

A patent holder has a guarantee of an exclusive monopoly on the use of an invention for .

A) 50 years after the death of the original patent holder
B) 40 years after the death of the patent holder's principal heir
C) 30 years
D) 20 years

Question 52

Which of the following is an incorrect statement regarding a patent?

A) Once a patent is issued, the holder may bring a patent-infringement suit in a federal court against anyone who uses, sells, or manufactures the patented invention without the permission of the patent holder.
B) Money damages are not recoverable in a patent-infringement suit, since an injunction prohibits further use of the patented item by the infringer.
C) A successful patent-infringement suit may result in an injunction prohibiting further use of the patented item by the infringer.
D) A common dilemma facing an inventor is whether to protect an invention through patent or trade-secret law.

Question 53

Tying arrangements and cross-licensing are considered unlawful because both actions .

A) tend to reduce competition
B) inhibit licensees' right to freedom of choice
C) limit patent holders' freedom to license their patents
D) curb a consumer's right to use the patented product

Question 54

A tying arrangement occurs when a patent holder licenses a patent in exchange for royalties.

Question 55

Bertha is willing to issue a license for her patented copy machine, but only if the licensee agrees to buy all of the required copy paper from her office supply store during the term of the license. Which of the following statements is true about Bertha's plan?

A) This arrangement must be registered in court.
B) This arrangement constitutes an unlawful tying arrangement.
C) This arrangement constitutes unlawful cross-licensing.
D) This arrangement is legal and valid.

Question 56

Which of the following is the next step in the process of obtaining a patent after contacting a patent attorney?

A) The attorney does a patent search to make sure that no other similar patent exists.
B) The attorney files a patent application with the Patent Office.
C) The attorney attends a legal hearing so a judge can evaluate the patent application.
D) The U.S. Patent Office checks if two copies of the patent design have been submitted to the Library of Congress.

Question 57

Which of the following is an incorrect statement regarding a patent?

A) Once a patent is issued, it gives its holder the exclusive right to produce, sell, and use the object of the patent in perpetuity.
B) The holder of a patent may license, or allow others to manufacture and sell, the patented object.
C) In most cases, patents are licensed in exchange for the payment of royalties, a sum of money paid for each use of the patented process.
D) The only restriction on the patent holder is that he or she may not use the patent for an illegal purpose.

Question 58

licensing occurs when two patent holders license each other to use their patents only on the condition that neither licenses anyone else to use his or her patent without the other's consent.

A) Parallel
B) Congruent
C) Counter-
D) Cross-

Question 59

Tying arrangements and cross-licensing are unlawful because they tend to reduce competition.

Question 60

The holder of a(n) has the exclusive right to produce, sell, and use a product, process, invention, or machine for 20 years.

A) trade secret
B) industrial design right
C) patent
D) certification mark

Question 61

Which of the following statements is true about the Computer Software Copyright Act?

A) It came into effect in 1976, as a part of the original Copyright Act of 1976.
B) It declared that only the language used to program computer software can be protected with a copyright.
C) Courts have determined that the general framework of computer software can also be protected by copyright.
D) It states that the act of evading anti-piracy technologies included in software, including DVDs and CDs, is a crime.

Question 62

Which of the following allows a portion of a copyrighted work to be reproduced for purposes of criticism, comment, and news reporting?

A) Federal Trademark Dilution Act of 1995
B) fair use doctrine
C) Lanham Act of 1947
D) Ultramares doctrine

Question 63

What are the merits and demerits of protecting an invention through a patent instead of trade secret law?

Question 64

Cross-licensing occurs when a patent holder licenses two competitors to use the same patented object.

Question 65

A provides the exclusive legal right to reproduce, publish, and sell the fixed form of an expression of an original creative idea.

A) patent
B) licensing right
C) copyright
D) trademark

Question 66

Which of the following statements is true about copyrights?

A) A freely distributed work is still protected by copyright laws.
B) Titles and short phrases are protected by copyright laws.
C) A work is copyrightable if it is set out in a tangible medium.
D) A work is copyrightable even if it is not original.

Question 67

A copyright infringer can be prohibited from reproducing a copyrighted work .

A) 90 years after the death of the creator, if the copyright holder is not a publisher
B) even if the copyrighted work is not registered
C) even if the copyrighted work is freely distributed without notice of copyright
D) if the infringer is parodying the copyrighted work

Question 68

Which of the following is an incorrect statement regarding copyrights?

A) Copyrights protect the expression of creative ideas.
B) Copyrights protect the fixed form of expression of ideas.
C) Copyrights protect ideas themselves.
D) Copyrights protect a diverse range of creative works such as books, lectures, and computer programs.

Question 69

Which of the following is an incorrect statement regarding copyrights?

A) Under the common law of copyright, any infringer may be enjoined from reproducing a copyrighted work.
B) For the creator to be able to sue the infringer to recover damages arising from the infringement, the copyrighted work must be registered.
C) Titles may be copyrighted.
D) Short phrases may not be copyrighted.

Question 70

Which of the following statements is true of the Digital Millennium Copyright Act (DMCA)?

A) It forbids the creation or sale of a device that can crack codes to allow one to copy any kind of software.
B) It requires Internet service providers to block distribution of copyrighted material over the Internet.
C) It outlawed any distribution of copying or copyrighted material over the Internet, regardless of profit-making intent.
D) It declared that parts of computer software, such as the language that humans can read, cannot be copyrighted.

Question 71

Which of the following can be protected using copyright law?

A) a short story written on a word processor
B) a logo used to identify a business
C) the product formula used to manufacture a famous soft drink
D) a component of an electric drill

Question 72

The result of a patent-infringement suit may be that the patent holder loses the patent.

Question 73

Which of the following acts states that the act of evading anti-piracy technologies included in software is a crime?

A) Computer Software Copyright Act
B) No Electronic Theft Act of 1997
C) Digital Millennium Copyright Act
D) Copyright Act of 1976

Question 74

Which of the following statements is true of the fair use doctrine?

A) It allows portions of patent designs to be reproduced for the purposes of criticism and reporting.
B) Parodies of copyrighted works are not protected by the fair use doctrine.
C) It outlawed distribution or copying of copyrighted material over the Internet regardless of profits or profit-making intent.
D) To decide whether a reproduction is fair use, courts consider the commercial impact of the use on the copyrighted work.

Question 75

Which of the following is an incorrect statement regarding copyrights?

A) One may register a copyrighted work by filing a form with the Register of Copyright and providing two copies of the copyrighted materials to the Library of Congress.
B) Statutory damages of up to $10,000 per infringement or up to $50,000 per willful infringement are recoverable if the work was registered within six months of the first publication of the copyrighted work.
C) Copyright holders may seek actual damages.
D) Copyright holders may seek the defendant's profits derived from illegal use of the copyrighted work.

Question 76

Which of the following acts outlawed any distribution or copying of copyrighted material over the Internet regardless of profits or profit-making intent?

A) Computer Software Copyright Act
B) No Electronic Theft Act of 1997
C) Digital Millennium Copyright Act
D) Copyright Act of 1976

Question 77

Which of the following statements is true of the Computer Software Copyright Act?

A) It outlawed the creation or sale of a device that can crack codes to allow one to copy software.
B) It outlawed distribution or copying of copyrighted material over the Internet, even for the purposes of education and research.
C) It declared that the act of evading anti-piracy technologies included in software is a crime.
D) It declared that the coded language and general framework of computer software can be copyrighted.

Question 78

Which of the following statements is a feature of copyrights?

A) A copyrighted work owned by the creator, if reproduced with the appropriate notice affixed, is protected throughout the life of the creator and for an additional 70 years.
B) A copyrighted work owned by a publisher, when reproduced with the appropriate notice affixed, is protected for the lifetime of the publisher and for an additional 100 years.
C) To register a work as a copyrighted work, two copies of the work must be provided to the New York Public Library.
D) A copyrighted work that is reproduced without a notice of copyright is protected by copyright laws.

Question 79

How did the legislature define whether a "copy" was created when addressing copyrighted materials and the Internet?

A) A work was officially copied when it was downloaded into a computer's memory or RAM.
B) A work was officially copied when it was emailed to another person.
C) A work was officially copied when it was viewed on a person's computer screen.
D) A work was officially copied when it was hosted on a file-sharing Web host.

Question 80

Heather writes a novel and copyrights it. She publishes the novel in a magazine in three parts. She notices that her novel has been copied on to a website hosted by Simon. Which of the following statements is true of this scenario?

A) Simon is guilty of copyright infringement even if the magazine is freely distributed and is not accompanied by a copyright notice.
B) Simon is not guilty of copyright infringement if Heather has not registered her work.
C) Heather cannot prevent her novel from being reproduced if she has not registered her copyrighted novel.
D) Heather cannot sue Simon for damages if her copyrighted novel is not registered.