Deck 15: Intellectual Property

Question 1

According to the work-for-hire doctrine, an employer is entitled to any ownership of property created by an independent contractor.

Answer 1

False
Explanation: An employer is not entitled to any ownership of property created by the independent contractor.

Question 2

For works created or published on or after January 1, 1978, copyright protection lasts for _____.

A) 20 years
B) 50 years
C) the life of the creator
D) the life of the creator plus 90 years

Answer 2

D
Explanation: For works created or published on or after January 1, 1978, copyright protection lasts for the life of the creator plus 90 years.

Question 3

Laws of nature, physical phenomena, and abstract ideas are deemed unsuitable for patent.

Answer 3

True
Explanation: Certain things have been judicially deemed unsuitable for patent. Those things are laws of nature, physical phenomena, and abstract ideas. They are not patentable.

Question 4

The work-for-hire doctrine states that an employer automatically owns copyright in employees' works that are prepared within the scope of employment.

Question 5

The domain name ".int" is generally used for commercial organizations.

Question 6

Which of the following types of federally protected intellectual property most likely protects inventors and their inventions?

A) License
B) Trademark
C) Patent
D) Copyright

Question 7

According to the fair-use doctrine, the unauthorized use of a copyrighted material is considered as a fair use if it is used for the purpose of news reporting.

Question 8

A service mark differs from a trademark only in that it identifies services rather than goods.

Question 9

Which of the following types of federally protected intellectual property protects authors, illustrators, photographers, musical composers?

A) License
B) Trademark
C) Patent
D) Copyright

Question 10

A copyright protects an idea itself and not the manifestation of the idea.

Question 11

Which of the following statements is true regarding copyrights?

A) Copyright protects photographers and musical composers among others.
B) A copyright protects an idea itself and not the manifestation of the idea.
C) The constitutional source of Congress's power in the context of copyright law is the commerce clause.
D) The basic purpose of copyright law is to protect trade secrets.

Question 12

An organization can use a trademark for a period of 50 years from the date of registration after which it needs to be renewed.

Question 13

A patent gives the inventor the right to make, use, or sell the invention.

Question 14

A trade name identifies a product or a service produced rather than the producer.

Question 15

Works that are in the public domain are not eligible for copyright protection.

Question 16

Engaging in copyright infringement is not considered as a crime if there is no commercial motive.

Question 17

Which of the following types of federally protected intellectual property most likely protects goods and services?

A) License
B) Trademark
C) Patent
D) Copyright

Question 18

A patent can be renewed after 10 years.

Question 19

The term trade dress refers to the total image of a product, including the size, shape, color, texture, graphics, or particular sales technique employed.

Question 20

The symbol $\rarr$ indicates a nonregistered trademark.

Question 21

According to the fair-use doctrine, the unauthorized use of a copyrighted material is considered as a fair use if it is used for the purpose of _____.

A) sale
B) broadcasting
C) news reporting
D) collection

Question 22

The _____ was passed in 1997 and it makes it a crime to engage in copyright infringement even when there is no commercial motive.

A) Digital Millennium Copyright Act
B) No Electronic Theft Act
C) Regulatory Flexibility Act
D) Electronic Communications Privacy Act

Question 23

Which of the following statements is true regarding the Copyright Act?

A) Works that are in the public domain are copyrightable.
B) Under this act blank forms and graph papers are copyrightable.
C) The act extends copyrights to processes and concepts.
D) The act protects a work fixed in either a copy or phonorecord.

Question 24

A patent gives the inventor the right to exclude others from making, using, offering for sale, or selling, the invention or design for a _____-year-period from the date of the application, which cannot be renewed.

A) 10
B) 20
C) 30
D) 40

Question 25

Bootleg copying involves unauthorized copying of _____.

A) photographs
B) books
C) live musical performances
D) paintings

Question 26

Which of the following is protected under the copyright act?

A) Procedure
B) Blank form
C) Story idea
D) Barbie's eyes

Question 27

According to which of the following acts, decoding an encryption device placed on copyrighted material is a federal violation?

A) Digital Millennium Copyright Act
B) No Electronic Theft Act
C) Regulatory Flexibility Act
D) Electronic Communications Privacy Act

Question 28

Which of the following types of patents covers "distinct and new" varieties of plants that are produced asexually?

A) Utility patent
B) Prototype patent
C) Design patent
D) Plant patent

Question 29

A _____ is any word, name, symbol, or device, or any combination thereof used by a person to identify and distinguish his or her goods from those manufactured or sold by others.

A) license
B) trademark
C) patent
D) copyright

Question 30

Which of the following is the most common type of patent?

A) Design patent
B) Utility patent
C) Plant patent
D) Prototype patent

Question 31

The _____ doctrine recognizes that in certain instances, public policy dictates that use of the material is fair and that its use would not conflict with the constitutional mandate to protect such work for the purposes of promoting intellectual growth and development.

A) fair-use
B) work-for-hire
C) indemnity
D) implied license

Question 32

The purpose of section 1101 of the Copyright Act is to:

A) allow joint authorship for copyrights.
B) prevent unauthorized fixing or broadcasting of live musical performances.
C) protect trade secrets.
D) allow the Librarian of Congress to appoint the Registrar of the Copyright Office.

Question 33

A(n) _____ patent covers any new original and ornamental design for an article of manufacture.

A) utility
B) prototype
C) design
D) plant

Question 34

Which of the following statements is true regarding patents?

A) A patent gives the inventor the right to make, use, or sell the invention.
B) Once patented, the owner has exclusive use of it for 50 years.
C) Distinct and new varieties of plants that are produced asexually are patentable.
D) Mathematical formulas are patentable.

Question 35

An invention must meet three criteria to qualify for patent protection: novelty, _____, and nonobviousness.

A) accuracy
B) brevity
C) utility
D) simplicity

Question 36

The Copyright Office lies within the _____ and is an arm of the legislative branch.

A) Federal Citizen Information Center
B) Federal Election Commission
C) International Trade Commission
D) Library of Congress

Question 37

Which of the following things is most likely to be patentable?

A) A law of nature
B) A distinct and new variety of plant produced asexually
C) A fundamental scientific principle
D) A mathematical formula

Question 38

Which of the following types of patents is used for any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof?

A) Design patent
B) Utility patent
C) Plant patent
D) Prototype patent

Question 39

The _____ doctrine states that an employer automatically owns copyright in employees' works that are prepared within the scope of employment.

A) fair-use
B) work-for-hire
C) inevitable disclosure
D) implied license

Question 40

The Copyright Act lists four criteria to be used in a determination of whether use of material is fair. Which of the following is NOT one of these four criteria?

A) How the material is used and the intent for which use was made
B) The time elapsed between the creation of the material and the unauthorized use of the material
C) Whether the usage of the material is scholarly or for commercial use
D) The qualitative and quantitative use of the work

Question 41

Which of the following doctrines gives the former employer the opportunity to make the case that only by revealing trade secrets can the former employee perform the new job?

A) Fair-use doctrine
B) Work-for-hire doctrine
C) Doctrine of inevitable disclosure
D) Implied license doctrine

Question 42

Which of the following statements is true regarding a trade name?

A) It identifies a character created for a commercial.
B) It can be registered under the Lanham Act.
C) It identifies a producer.
D) It refers to the total image of a product, including the size, shape, color, and texture.

Question 43

Which of the following domain name is used for commercial organizations?

A) .edu
B) .int
C) .net
D) .com

Question 44

The shape of a Coca-Cola bottle is protected with the help of a _____.

A) copyright
B) patent
C) trademark
D) license

Question 45

The _____ simply register a name of a business, wait for the business to attempt to register the name, and then contact the business to get the business to buy the name back.

A) early adopters
B) cybersquatters
C) laggards
D) cyberpirates

Question 46

The Trademark Act of 1946 is commonly referred to as the _____.

A) McKinney-Vento Act
B) Lanham Act
C) Consumer Credit Protection Act
D) Omnibus Appropriations Act

Question 47

Which of the following domain names is still restricted?

A) .com
B) .net
C) .mil
D) .org

Question 48

Which of the following best represents a formula, pattern, device, or compilation of information that is used in one's business and that gives one an opportunity to obtain an advantage over competitors who do not know or have it?

A) Service mark
B) Trade secret
C) Certification mark
D) Collective mark

Question 49

Which of the following domain names is unrestricted?

A) .mil
B) .net
C) .edu
D) .gov

Question 50

Which of the following statements is true regarding trade secrets?

A) Mere ideas can be protected as trade secrets.
B) Trade secrets require novelty or nonobviousness to be protected.
C) A compilation of information that is used in one's business is an example of a trade secret.
D) Trade secret law prevents others from acquiring the trade secret through reverse engineering.

Question 51

The mark Good Housekeeping Seal of Approval indicates that particular products meet standards imposed by the Good Housekeeping magazine. The 'Good Housekeeping Seal of Approval' mark is most likely to be an example of a _____.

A) trade dress
B) trade name
C) certification mark
D) service mark

Question 52

A _____ is protected under the Lanham Act and is used to indicate that certain goods or services originated in a particular region, or that they are of a particular nature, quality, or characteristic, or that they were produced by a member of a particular organization.

A) patent
B) certification mark
C) copyright
D) trade name

Question 53

The _____ incorporate a trademarked name into their name and divert the hits on the website to their sites to make a profit from the online advertisers who paid per hit.

A) early adopters
B) cybersquatters
C) laggards
D) cyberpirates

Question 54

The domain name _____ is used by international organizations established by treaty.

A) .int
B) .edu
C) .net
D) .com

Question 55

Which of the following statements is true regarding trademarks?

A) Trademark protection exists for a period of 50 years from the date of registration.
B) Trademarks are protected under the Lanham Act.
C) Trademarks are basically used for protecting the trade secrets.
D) Symbols and devices cannot serve as trademarks.

Question 56

Which of the following can NOT be registered under the Lanham Act?

A) Trade dress
B) Certification mark
C) Service mark
D) Trade name

Question 57

A tag attached to a cloth stating that it was made by the International Ladies' Garment Workers Union is most likely to be an example of a _____.

A) patent
B) trade dress
C) service mark
D) collective mark

Question 58

The term _____ refers to the total image of a product, including the size, shape, color, texture, graphics, or particular sales technique employed.

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

Question 59

MGM uses the sound of a lion's roar for its motion pictures. This sound is most likely to be protected by a _____.

A) collective mark
B) patent
C) trade name
D) service mark

Question 60

A _____ identifies the producer rather than the products or services produced.

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

Question 61

Discuss briefly the Copyright Reform Act of 1976.

Question 62

What are the three types of patents?

Question 63

Discuss the following statement. "Certain things have been judicially deemed unsuitable for patent."

Question 64

What is a trademark?

Question 65

What is a certification mark?

Question 66

In the context of the Copyright Act, what is meant by fixed image?

Question 67

Discuss briefly the Digital Millennium Copyright Act.

Question 68

Explain the term trade dress.

Question 69

Who are cybersquatters?

Question 70

Discuss service marks.

Question 71

Discuss the fair-use doctrine in the context of copyrighting.

Question 72

Discuss copyright infringement.

Question 73

The Copyright Act lists four criteria to be used in a determination of whether use of material is fair. What are these four criteria?

Question 74

Discuss the work-for-hire doctrine.

Question 75

What are the three types of federally protected intellectual property?