Deck 14: Business and Intellectual Property Law

Question 1

The Federal Trademark Dilution Act permits private suit for tarnishment of a trademark.

Answer 1

True

Question 2

Patents are a 20-year legal monopoly.

Answer 2

True

Question 3

Plant patents last for 20 years to protect new forms of plants and hybrids.

Answer 3

True

Question 4

Under the DMCA, both the circumvention and the facilitating of circumvention are now violations of copyright laws.

Question 5

Under the U.S. Constitution, copyrights are allowed to last into perpetuity.

Question 6

To register a copyright, the creator must file two copies of the work with the Copyright Office in Washington, D.C.

Question 7

Fair use is use of a copyrighted item with permission.

Question 8

Copyright registration is required for protection under U.S. law, but not for protection under the Berne Convention.

Question 9

Design patents extend for a 14-year period.

Question 10

The Berne Convention is administered by WIPO and covers member countries.

Question 11

Trade secrets must be registered to enjoy protection.

Question 12

The Lanham Act provides protection for trademarks, trade names, and trade dress.

Question 13

The doctrine of fair use started in case law in the early 1850s and has been evolving ever since to cover technological changes.

Question 14

A utility patent lasts for 17 years.

Question 15

Trademark protection lasts for 17 years.

Question 16

Misappropriation is the conversion of a trade secret.

Question 17

There can be infringement of patents, copyrights, trademarks, trade names and trade dress.

Question 18

Damages for copyright infringement do not allow for the collection of attorney fees.

Question 19

Under the Computer Software Copyright Act, all source code can be copyrighted, but not all object code can be copyrighted.

Question 20

Design patents last for 20 years and are not renewable.

Question 21

Copyrights run for the life of the creator plus 50 years.

Question 22

One factor in determining fair use is commercial profit.

Question 23

Working requirements mandate use and development of the patented product or the rights are lost.

Question 24

Palming off is a tort in which one company sells its imitation product by leading buyers to believe it is a different product or the "real thing."

Question 25

Trade dress is not entitled to protection unless there is some form of registration under federal law.

Question 26

The Digital Millennium Copyright Act imposes liability for the creation of programs that circumvent encoded copyrighted materials.

Question 27

Opposition proceedings are a common part of the patent process outside the U.S.

Question 28

Corporations' copyrights last for 50 years from the time of their creation or release, whichever is later.

Question 29

The Community Trademark is the European Union's one-stop registration system.

Question 30

Gray market goods are properly trademarked goods that have entered the country without authorization from the manufacturer.

Question 31

GATT requires patent protection for 50 years.

Question 32

The United States does not have working requirements as part of its patent process.

Question 33

The United States has opposition proceedings as part of the patent process.

Question 34

Cybersquatting is using deceptively similar names for Internet domains.

Question 35

Trademark registration in the United States is good only in the United States.

Question 36

Knock-off goods are the same as gray market goods.

Question 37

WIPO administers trademarks and copyrights internationally.

Question 38

Corporations cannot hold copyrights.

Question 39

The Sonny Bono Copyright Extension Act does not apply to films.

Question 40

The Digital Millennium Copyright Act imposes liability for circumvention of encoded materials that prevent copying.

Question 41

Design patents last for _____ years.

A)14
B)17
C)20
D)70

Question 42

The golden arches of McDonald's restaurants are an example of:

A)a patent.
B)a copyright.
C)a license.
D)trade dress.

Question 43

Knockoff goods are:

A)goods carrying a trademark without authorization.
B)goods manufactured in excess of the permission granted by the trademark holder.
C)permitted after the five-year period for trademark registration expires.
D)None of the above

Question 44

The failure to prevent generic use of tradenames and trademarks can result in a loss of protection.

Question 45

Utility or function patent protection lasts for _____ years.

A)14
B)17
C)20
D)70

Question 46

A copyright for a corporation lasts for how long?

A)Life plus 50 years
B)Life plus 70 years
C)150 years from the date of creation of the work
D)95 years from the publication of the work

Question 47

A plant patent for new forms of plants and hybrids lasts for how long?

A)14 years
B)17 years
C)20 years
D)70 years

Question 48

"M & M's" brand candy is:

A)an example of a trademark.
B)an example of a generic label not entitled to trademark protection.
C)a trademark protectable for 17 years.
D)None of the above

Question 49

Slander of title is the same tort as palming off.

Question 50

Goods sold by an authorized dealer beyond the dealer's authorized territory or quantity are:

A)knockoff goods.
B)gray market goods.
C)infringed goods.
D)None of the above

Question 51

Consumer information obtained over the Internet cannot be used without the consumer's permission.

Question 52

Palming off:

A)is the same as trademark infringement.
B)requires proof of the likelihood of confusion.
C)is a statutory protection in competition.
D)is a federal crime.
E)None of the above

Question 53

Palming off:

A)is what occurs with gray market goods.
B)is a tort that has no remedy.
C)occurs when one seller recreates another seller's product.
D)can occur only with copyrighted properties.

Question 54

Patents are:

A)20-year legal monopolies.
B)good for the lifetime of the inventor plus 50 years.
C)not protected by any federal statutes for infringement.
D)None of the above

Question 55

Trade secrets:

A)are registered for 14 years.
B)are good for 75 years.
C)need not be registered to be protected.
D)are the same as trademarks.

Question 56

Misappropriation requires proof of:

A)unauthorized use of a product or process.
B)infringement.
C)an existing copyright.
D)an existing trademark.

Question 57

Which of the following is not an element of disparagement?

A)Untrue statement
B)Publication
C)Damages
D)Intent to injure
E)All of the above are elements.

Question 58

All countries require that the invention being patented must be produced in a working form within a certain period of time for the patent to be maintained.

Question 59

ICANN is the body responsible for the registration of Internet domain names.

Question 60

The Digital Millennium Copyright Act exempts digital technology from copyright protections.

Question 61

Which of the following are generic terms?

A)Cellophane
B)Aspirin
C)Thermos
D)All of the above are generic terms.

Question 62

Which of these has an indefinite duration (assuming proper processes are followed)? I. Trademarks
II) Patents
III) Copyrights
IV) Trade secrets

A)II and III
B)I, II, and III
C)III and IV
D)I and IV

Question 63

What of the following could be protected as a trade secret?

A)Chemical formula
B)Supply chain management system of a company
C)Customer list
D)All of the above are examples of trade secrets.

Question 64

The Digital Millennium Copyright Act:

A)makes it a criminal offense to create programs to circumvent encoded copyrighted materials.
B)does not impose liability on those who provide Internet access to employees.
C)does not impose liability for circumvention of encoding of copyrighted materials for personal use.
D)both b and c
E)None of the above

Question 65

Yanni's Yachts has created a specially designed awning for its boats. Yanni's did not patent the awning. Dream Boats purchased one of Yanni's boats and then copied the awning from the boat it purchased from Yanni.

A)Dream Boats has appropriated a trade secret.
B)Dream Boats has appropriated a patent because a patent need not be registered to be valid.
C)Dream Boats has misappropriated Yanni's awnings.
D)None of the above

Question 66

Written product disparagement is known as:

A)slander of title.
B)trade libel.
C)misappropriation.
D)palming off.

Question 67

The EU's one-stop trademark registration is called the:

A)European Trademark.
B)Global trademark.
C)Community Trademark.
D)Berne Trademark.

Question 68

What organization is responsible for the registration of Internet domain names?

A)Federal Trade Commission
B)Social Security Administration
C)Internet Corporation for Assigned Names and Numbers
D)U)S. Copyright Office
E)None of the above

Question 69

The Sonny Bono Copyright Extension Act:

A)does not apply to individual copyright ownership.
B)does not apply to corporate copyright ownership.
C)does not provide protection for movies.
D)extended the time for the federal copyright protection to 70 years beyond the life of the creator/author.
E)None of the above

Question 70

Trade dress:

A)can be protected if there will be confusion.
B)can be protected only if there is a registered trade name or trademark.
C)can be protected if it is distinct.
D)Both a and c

Question 71

At Anne's Beauty Emporium, Della operates a small store-within-a-store in which she sells bags that appear to be designer Prada and Gucci handbags. The bags are priced at Della's at between $65 and $190 each. The price for the same Prada and Gucci bags in department stores would be between $325 and $900. Della is probably selling:

A)knock-off purses.
B)gray market purses.
C)counterfeit purses.
D)All of the above

Question 72

Which of the following does not require public registration?

A)Trademarks
B)Trade secrets
C)Copyrights
D)Patents

Question 73

Which of the following would clearly be a fair use of a copyrighted work?

A)Photocopying a chapter out of a textbook to use in a college class.
B)Showing a video in its entirety at a free-to-the-public showing.
C)Making copies of a song for a student chorus to sing in a performance.
D)Quoting a paragraph out of a newly released book in a review article.

Question 74

Professor Winona Wright has just read an article in Fortune magazine about issues in the Enron bankruptcy. She wishes to share it with her class that morning and makes 50 copies to distribute to them. Professor Wright:

A)has infringed Fortune's copyright.
B)has utilized the fair use exemption under copyright law.
C)has done nothing in violation of copyright law because magazine articles are not protected under copyright law.
D)None of the above

Question 75

The "likelihood of confusion" standard is used:

A)in copyright cases.
B)in patent cases.
C)in trademark infringement cases.
D)None of the above

Question 76

Which of the following is a generic term?

A)Honey Maid graham crackers
B)Nintendo video games
C)Cola
D)Jell-O brand gelatin

Question 77

Copying an article from a computer science journal that sells subscriptions and then distributing it to 25 employees at your company:

A)would be fair use.
B)would be copyright infringement.
C)would not be copyright infringement unless you charged the employees for the copies.
D)None of the above

Question 78

The Trademark Dilution Act provides a remedy for:

A)commercial use of another's trademark.
B)too many trademarks being registered.
C)overuse of a trademark.
D)None of the above

Question 79

Ted's Red Hots is a hot dog restaurant that has the shape of a hot dog in a bun, with the hot dog wearing a white chef's hat at one end. Wally's is a new hot dog restaurant that has a wiener dog shape with the wiener dog wearing a white chef's hat. Ted's probably has an infringement claim based on:

A)patent appropriation.
B)trade dress appropriation.
C)copyright infringement.
D)Any of the above

Question 80

Trade secrets:

A)cannot be registered.
B)do not carry remedies if they are taken by former employees.
C)are not a form of property and cannot be stolen.
D)None of the above