Deck 10: Intellectual Property Rights

Question 1

Descriptive terms such as locations and colors are never subject to trademark protections.

Answer 1

False

Question 2

Under the Berne Convention Implementation Act of 1988, it is no longer mandatory that works published after March 1, 1989 contain a notice of copyright.

Answer 2

True

Question 3

Trade dress refers to the packaging look and overall image of a product.

Answer 3

True

Question 4

All types of patents available under U.S. law are entitled to the same quality and duration of protection once initial filing is perfected with the Patent and Trademark Office in Washington, D.C.

Question 5

A trademark is any word, name, symbol, device, or combination of these used to identify a product.

Question 6

The typical U.S. copyright now runs for 28 years, with a right of renewal for an additional 28 years.

Question 7

Trade dress protection under the Lanham Act is the same as that provided a qualified unregistered trademark, and does not provide all the protection available to the holder of a registered trademark.

Question 8

An owner of a copyright may license some of his or her rights to another in exchange for statutorily-prescribed royalty payments.

Question 9

Trademarks and service marks are recorded with the Register of Copyrights.

Question 10

Protection for trade dress is available under the Lanham Act.

Question 11

Although processes and machines are eligible for patent protection, manufactures and compositions of matter are not.

Question 12

Generic terms that refer to a type or class of goods are never subject to trademark protection.

Question 13

A copyright is the exclusive right given by federal statutes to the creator of a literary or an artistic work to use, reproduce, and display the work.

Question 14

The manner in which ideas are expressed in literary, musical, dramatic, and other artistic works may be copyrighted.

Question 15

Trademarks may be used to protect the exclusive right to identify either products or services.

Question 16

A copyright owner may prohibit even limited use of copyrighted material if it is used for parody or criticism.

Question 17

A copyright prevents the copying of an idea.

Question 18

Copyright of a "work made for hire" runs for the life of the creator of the work plus 50 years.

Question 19

Once a mark is registered in accordance with federal law, the holder of the mark has the exclusive right to use the mark in perpetuity.

Question 20

To prevail in an action for trade dress infringement, a plaintiff must prove that its trade dress is distinctive and nonfunctional and the defendant's trade dress is confusingly similar to the plaintiff's.

Question 21

A copyright bestows upon the creator of an artistic or literary work a federal statutory right to exclusively:

A)use the work.
B)reproduce the work.
C)display the work.
D)all of the above.

Question 22

Trademarks or service marks may be registered if they utilize terms that are:

A)suggestive of characteristics of the product or service to which they relate.
B)fanciful, arbitrary, or coined.
C)descriptive and have acquired a known secondary meaning linked to a product.
D)all of the above.

Question 23

Design patents have a duration of __________ years.

A)10
B)14
C)17
D)20

Question 24

In addition to U.S. copyright law, the rights of copyright holders are also protected under:

A)international laws and treaties such as the Berne Convention.
B)federal piracy laws.
C)state piracy laws.
D)all of the above.

Question 25

Computer programs are subject to trade secrets protection.

Question 26

Under the United States Supreme Court's "doctrine of equivalents," infringers may not avoid liability for patent infringement by substituting insubstantial differences for some of the elements of the patented product or process.

Question 27

It is important to protect trade dress against adoption by a competitor because such adoption can:

A)deceive purchasers into believing they have obtained a comparable product.
B)dilute the originator's resource investment in its product appearance.
C)usurp the business goodwill of the developer of the trade dress.
D)all of the above.

Question 28

Computer programs are subject to patent protection.

Question 29

In order to obtain a court order enjoining a competitor from using your trademark, it is necessary to show that:

A)you invested a certain level of resources to develop the mark.
B)the competitor is making unfair profits from use of the mark.
C)the competitor's use of the mark risks confusing the public.
D)all of the above.

Question 30

In determining whether limited use of copyrighted material may be permitted as "fair use," courts will consider:

A)the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.
B)the nature of the copyrighted work.
C)the amount and substantiality of the portion used in relation to the copyrighted work as a whole.
D)all of the above.

Question 31

Computer programs are subject to copyright protection.

Question 32

The Semiconductor Chip Protection Act of 1984 created a new form of industrial intellectual property by protecting mask works and the semiconductor chip products in which they are embodied against chip piracy.

Question 33

The Lanham Act grants protection for:

A)marks.
B)patents.
C)copyrights.
D)trade secrets.

Question 34

Courts will likely protect important customer lists under trade secret laws even if customer identities are determinable from other sources.

Question 35

Agreements to license computer programs under conditions that restrict their transfer to third parties are illegal under antitrust laws.

Question 36

Three types of patents available under U.S. law are:

A)utility, product, design.
B)design, packaging, invention.
C)design, plant, utility.
D)utility, regulatory, common law.

Question 37

To be patentable, an invention must be new and not obvious to a person of ordinary knowledge and skill in the art or technology to which the invention is related.

Question 38

Which of the following is not the exclusive right of the holder of a copyright?

A)to prepare works that are derived from the original work
B)to obtain a court order enjoining use of the original work by another
C)to distribute copies of recordings of the original work
D)to display or perform the original work in public

Question 39

The Semiconductor Chip Protection Act provides the owner of a mask work fixed in semiconductor chip products the exclusive right for twenty (20) years to reproduce and distribute the products in the United States and to import them into the United States.

Question 40

A showing that an invention as a whole would have been obvious to a person of ordinary skill in the art when the invention was patented is called "subsequent art."

Question 41

Under the Computer Software Copyright Act of 1980, a written program:

A)must be written in object code in order to be protected.
B)must be written in source code in order to be protected.
C)is protected as any other copyrighted material, even if it is in written form.
D)is protected as any other copyrighted material, but only if it is in written form.

Question 42

Where privacy or nondisclosure of proprietary information is desired, it would be best to seek protection under:

A)U.S.copyright laws.
B)U.S.patent laws.
C)state trade secret laws.
D)GATT.

Question 43

The type of patent that may be granted to developers of plant reproduction methods is called a:

A)process patent.
B)functional or utility patent.
C)improvement patent.
D)plant patent.

Question 44

Smarts and Then Some, Inc. developed a software program after several years of research and development. The particular software program was then test-marketed, at which point a competitor filed suit claiming that the Smarts and Then Some program violated the competitor's copyright on a program they too were test-marketing. What is the test to determine whether a copyright has been violated?

Question 45

In order to protect themselves from disclosure of proprietary or confidential information, businesses may:

A)implement security measures to prevent access by outsiders.
B)enforce contractual nondisclosure agreements against departing employees.
C)limit disclosure of such information to those with a need to know.
D)all of the above.

Question 46

Under the Semiconductor Chip Protection Act's __________ exemption, competitors may not only study mask works, but they may also use the results of that study to design their own semiconductor chip products embodying their own original masks, even if the masks are substantially similar, so long as their products are the result of substantial study and analysis and not merely the result of plagiarism.

A)reverse racketeering
B)forward engineering
C)reverse engineering
D)forward racketeering

Question 47

To analyze a copyright infringement claim in the context of computer programs, courts will primarily examine:

A)the total number of program steps that are substantially similar.
B)the number of significant program steps that are substantially similar.
C)whether the programs appear substantially similar in ordinary language.
D)whether the programs appear substantially similar in machine language.

Question 48

A business formula, information compilation, or device that provides an advantage over competitors that do not have it is known as a:

A)competitive advantage.
B)strategic advantage.
C)trade secret.
D)restraint of trade.

Question 49

Owners of mask works are entitled to the exclusive right to reproduce and distribute their products under U.S. law for a period of:

A)10 years.
B)20 years.
C)28 years.
D)the life of the creator plus 50 years.

Question 50

Herman Corporation is engaged in preparing a marketing campaign consisting of electronic and print images. Drawings and photographs for the campaign are coming from a variety of sources, including popular magazines, international newspapers, and web sources. The marketing vice president asserts that the company may use the images under the fair use doctrine. What factors should be considered in the application of the fair use doctrine?

Question 51

Computer programs are subject to protection in the U.S. under:

A)copyright laws.
B)patent laws.
C)trade secret laws.
D)all of the above.

Question 52

The type of patent that may be granted to developers of new and non-obvious ornamental features of manufactured articles is called a(n):

A)design patent.
B)functional or utility patent.
C)improvement patent.
D)plant patent.