Deck 11: Intellectual-Property

Question 1

The U.S.Supreme Court ruled that living organisms can be patented if they are human-made.

Answer 1

True

Question 2

A trademark does not necessarily reveal the product's manufacturer.

Answer 2

True

Question 3

Trade secrets are protected for an indefinite time.

Answer 3

True

Question 4

Terms that were once enforceable trademarks may become generic and thereby not protected.

Question 5

An essential quality of an invention for it to be patented is that it be novel.

Question 6

The Semiconductor Chip Protection Act of 1984 created a highly specialized form of intellectual property,called a(n)

A) registered service mask.
B) registered mask work.
C) registered certification mask.
D) registered trade mask.

Question 7

After a patent expires,the invention is dedicated to the public.

Question 8

Shelby developed a new type of rose through asexual reproduction and will be able to get a patent on it.

Question 9

The patent practice of other countries is often different from that of the United States.

Question 10

Patent applications must contain a declaration by the inventor.

Question 11

Intellectual property is any product or result of a mental process that is given legal protection against unauthorized use.

Question 12

Once the Patent and Trademark Office issues a patent,a court may not find it invalid.

Question 13

Failure to use or police the use of one's trademark-known as tarnishment-may result in the loss of rights.

Question 14

Service marks are a form of trademarks.

Question 15

As a matter of law,a combination of two inventions cannot be considered nonobvious.

Question 16

A copyright is a government-granted right to exclude others from making,using,or selling an invention.

Question 17

In the famous case of Sony Corp.of America v.Universal City Studios,Inc.(1984),the U.S.Supreme Court ruled that the sale of copying equipment does not constitute contributory infringement,provided that it has substantial noninfringing uses.

Question 18

Copyright protection does not extend to derivative works.

Question 19

An invention will be denied patent protection if its novelty merely represents an obvious development over existing technology,also referred to as prior art.

Question 20

A utility patent protects any novel,original (rather than nonobvious),and ornamental (rather than useful)design for an article of manufacture.

Question 21

Which of the following is true regarding patent misuse?

A) When a patent misuse occurs,the offender permanently loses the right to patent protection on the patent at issue.
B) Requiring a licensee to purchase nonpatentable products as a condition to obtaining a license for patented products is patent misuse.
C) The patent holder is barred from recovering for any infringement of its patent during the period of misuse.
D) There is no such concept as patent misuse in the United States.

Question 22

Under the __________ doctrine,under certain circumstances,a person may infringe the copyright owner's exclusive rights without liability in the course of such activities as news reporting,education,scholarship,or research.

A) fair use
B) education use
C) new use
D) critical use

Question 23

Arbitrary marks are words or terms that had no prior meaning until used as a trademark in connection with a particular product.

Question 24

Which of the following are four defenses to patent-infringement claims?

A) Noninfringement,invalidity of the patent,misuse of the patent,and innocent infringement
B) Noninfringement,invalidity of the patent,fair use,and innocent infringement
C) Noninfringement,fair use,misuse of the patent,and innocent infringement
D) Fair use,misuse of the patent,innocent infringement,and illegality of the patent

Question 25

Which of the following is NOT a type of U.S.patent?

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

Question 26

The Bilski v.Kappos case involved a question of whether a business process explaining how buyers and sellers of commodities in the energy market can use hedging to protect against price fluctuations is patentable.How did the U.S.Supreme Court rule?

A) The court ruled that the claimed invention was a patent-eligible process.
B) The court ruled that the claimed invention was not a patent-eligible process because it was an abstract idea.
C) The court ruled that the claimed invention was not a patent-eligible process because under federal patent law,no business methods may be the subject of patents.
D) The court ruled that more information was needed regarding expected profits before a determination could be made as to patentability.

Question 27

In the case Association for Molecular Pathology v.Myriad Genetics,Inc.(2013),the U.S.Supreme Court held that under U.S.Patent Laws,isolated DNA is:

A) not eligible for patent protection because it is naturally occurring.
B) eligible for patent protection because it is human-made.
C) eligible for patent protection because it is naturally occurring.
D) not eligible for patent protection because it is human-made.

Question 28

The term "golden arches" has a(n)__________,because the public associates the term with the McDonald's restaurant.

A) suggestive mark
B) service mark
C) secondary meaning
D) certification mark

Question 29

What type of efficiency exists when competition among individual producers drives all but the lowest-cost producers of goods or services out of the market?

A) Allocative
B) Economic
C) Strategic
D) Productive

Question 30

In CASE 11.1 DC Comics v.Towle (2016),the court addressed the question of whether the production of replicas of a copyrighted item featured in a movie infringed the copyright owner's rights.How did the court rule?

A) DC Comics did not own a copyright interest in those productions so DC Comics lacked standing to bring the claim against Towle.
B) Towle was liable for infringing DC Comics' exclusive right to produce derivative works of the Batmobile character.
C) The Batmobile was "merely a stock character" and as a result,did not qualify for copyright protection.
D) Towle's replica Batmobiles were an indirect copy of the Batmobile character and therefore did not infringe on DC Comics' copyright.

Question 31

A(n)_____ infringement occurs when one party knowingly sells an item with one specific use that will result in the infringement of another's patent.

A) innocent
B) patent misuse
C) direct patent
D) contributory patent

Question 32

The federal trademark act is known as the __________ Act.

A) Trademark
B) Signal
C) Smith
D) Lanham

Question 33

What are the four basic types of intellectual property?

A) Patents,copyrights,trademarks,and trade secrets
B) Patents,copyrights,certifications,and trademarks
C) Copyrights,certifications,trademarks,and original works
D) Inventions,certifications,original works,and patents

Question 34

A(n)_____ mark is a real word whose ordinary meaning has nothing to do with a trademarked product.

A) arbitrary
B) suggestive
C) descriptive
D) fanciful

Question 35

The duration of a copyright granted to a known individual,not a work done for hire,will be:

A) the life of the author plus 100 years.
B) the life of the author plus 70 years.
C) 75 years after the first publication.
D) 100 years after the creation of the work.

Question 36

The term __________ is used to describe a nonpracticing entity that purchases one or more patents with the intent to enforce the patents against infringers,rather than to manufacture a patented product or supply a patented service.

A) patent troll
B) illegal user
C) patent hoarder
D) patent stasher

Question 37

The defense of __________ is available when a trademark user truthfully uses a competitor's mark to identify the competitor's product for the user's own purposes.

A) nominative use
B) competitive use
C) genericity
D) fair use

Question 38

The Uniform Trade Secrets Act is a federal law.

Question 39

The practice of __________ occurs when an individual registers a famous trademark as an Internet domain name and then offer to sell the domain name to the trademark owner.

A) Internet trademark abuse
B) domain misuse
C) domain / trademark harassment
D) cybersquatting

Question 40

Which of the following is true regarding remedies for patent infringement?

A) The patent holder may seek preliminary and permanent injunctive relief and damages,as well as court costs and attorneys' fees.
B) The patent holder may seek preliminary and permanent injunctive relief and damages,as well as court costs,but attorneys' fees are unavailable.
C) The patent holder may seek permanent injunctive relief and damages,as well as court costs and attorneys' fees,but preliminary injunctive relief is unavailable.
D) The patent holder may seek damages,as well as court costs and attorneys' fees,but injunctive relief is unavailable.

Question 41

Vale bought a new CD with favorite Christmas music on it and promptly proceeded to copy it for 15 friends,including Brio,and provided it free of charge.Unknown to Vale,Brio's brother,Chris,was a member of the band.When he found out how Brio got the disk,he angrily called Vale with accusations of copyright infringement.Is Chris correct that Vale is guilty of copyright infringement?

A) It is unlikely that Vale is guilty of copyright infringement because of the fair use doctrine.
B) It is unlikely that Vale is guilty of copyright infringement because of the merger doctrine.
C) It is unlikely that Vale is guilty of copyright infringement because friends were not charged for the copies and the CD was not mass produced.
D) It is likely that Vale would be found guilty of copyright infringement.

Question 42

Mandy purchased a business law book and used it during business law class.Mandy later loaned the book to Sage,and then to Chris.Another student accused Mandy of copyright violation and threatened to report Mandy to the book publisher and also to the school's ethics board.Did Mandy violate the copyright laws?

A) Yes.
B) No,because Mandy's loan of the book would be covered by the fair use doctrine.
C) No,because Mandy's loan of the book would be covered under the first sale doctrine.
D) No,because Mandy's loan of the book would be covered under the equivalency doctrine.

Question 43

The CASE 11.2 Authors Guild v.Google,Inc.(2016)involves Google's action of creating an index of approximately 20 million scanned books that allows users of its Google Books search engine to enter a word or phrase and generate a list of books that include the word or phrase,as well as a "limited viewing" of text.The court ruled that Google did not violate copyright based on the:

A) contributory copyright doctrine.
B) copyright misuse doctrine.
C) fair use doctrine.
D) first sale doctrine.

Question 44

Some courts have recognized a form of employee trade secret misappropriation under the __________ Doctrine,which recognizes that former employees who go to work for a competitor in a similar capacity will eventually disclose trade secrets gained in their former employment.

A) Registered Trademark Secret
B) Uniform Trade Secret
C) Inevitable Disclosure
D) Constructive Abandonment

Question 45

An otherwise copyrightable work that is prepared by an employee within the scope of employment is called a __________ and belongs to the __________.

A) work for hire; employee
B) derivative work; employee
C) work for hire; employer
D) derivative work; employer

Question 46

A __________ is used in conjunction with services.

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

Question 47

Which of the following is true regarding how damages may be awarded in a patent infringement case?

A) Damages may be awarded based on the patent holder's lost profits,the infringer's profits,or a reasonable royalty for the infringer's use of the invention.
B) Damages may only be awarded based on the patent holder's lost profits.
C) Damages may only be awarded based on the infringer's profits.
D) Damages may only be awarded based on a reasonable royalty for the infringer's use of the invention.

Question 48

Which of the following is NOT true regarding current U.S.copyright law?

A) The material must be sufficiently original.
B) Protection is automatic.
C) Use of a copyright notice is required.
D) Registration is not required.

Question 49

A drawing of an integrated circuit is _____,whereas the actual circuitry is not,but the circuit itself may be _____.

A) copyrightable; patentable
B) patentable; trademarked
C) patentable subject matter; patentable
D) trademarked; a trade secret

Question 50

A descriptive mark that is initially unavailable for protection can still become protectable if it acquires __________ meaning.

A) descriptive
B) geographic
C) personal
D) secondary

Question 51

Which of the following is NOT a part of a patent application?

A) The specifications
B) The claims
C) The drawings
D) The declaration of prior art

Question 52

Which of the following is NOT a remedy in a civil suit brought against violators of the Digital Millennium Copyright Act (DMCA)?

A) Courts may order impounding of digital media products involved in the violation.
B) Courts may impose treble damages on repeat offenders.
C) Courts may order duplicative recovery on behalf of infringed parties.
D) Courts may impose injunctions on violators.

Question 53

Trade dress,the packaging or dressing of a product,is protected by the:

A) Chakrabarty case,which defines novel,useful,and nonobvious parameters of trademark protection.
B) Trademark Law Revision Act,which provides state protection that is greater than federal protection.
C) Internet Corporation for Assigned Names and Numbers.
D) Lanham Act,which parallels the protections against trademark infringements.

Question 54

Which of the following is an example of an arbitrary trademark?

A) Camel
B) Kodak
C) Exxon
D) Clorox

Question 55

The Napster case,which involved the online sharing of copyrighted music,illustrates how the principle of "substantial noninfringing use" and _____ principles apply to peer-to-peer networks.

A) secondary meaning
B) cybersquatting
C) vicarious infringement liability
D) useful article

Question 56

When an idea and its expression are inseparable,the __________ doctrine dictates that the expression is not copyrightable.

A) merger
B) genericity
C) prior art
D) protected expression

Question 57

Which of the following is considered in determining whether use of copyrighted material constitutes fair use?

A) Only the amount of the work used.
B) (1)The amount of the work used,and (2)the economic effect of the use on the copyright owner.
C) (1)The economic effect of the use on the copyright owner,(2)the nature of the work used,and (3)the amount of the work used.
D) (1)The purpose and character of the use,(2)the economic effect of the use on the copyright owner,(3)the nature of the work used,and (4)the amount of the work used.

Question 58

A __________ placed on a product indicates that the product has met the certifier's standards of safety or quality.

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

Question 59

A design dictated by function may be protected by a(n)__________ patent.

A) equivalents
B) design
C) utility
D) useful articles

Question 60

Discuss in detail common law rights,if any,in a trademark in the United States.

Question 61

List the requirements an invention must meet in order to be eligible for a utility patent as well as the requirements for patentable subject matter.

Question 62

Perry is a playwright who wrote and produced an off-Broadway play about the life of Colonel Sanders,"Just a Drop in the Bucket," that closed after the third performance.Later that same year,on vacation in Los Angeles,Perry went to see a new production called "Fry It Anyway." Perry was appalled to discover that the play was substantially similar to "Just a Drop in the Bucket." "Fry It Anyway" becomes a big hit.What protections are available for Perry? What defenses are available against any claims Perry might make? What additional protections would be available had Perry registered under the federal Copyright Act? Discuss fully.

Question 63

ChemoPharm has just developed a new method of infusing medications for patients receiving chemotherapy to treat cancer.The process is still in the developmental phase,so ChemoPharm has been careful not to release any information regarding the process.The information is constantly under lock and key.Jensen,a competitor's employee,took a public tour of ChemoPharm's headquarters to evaluate going to work for ChemoPharm.While on the tour,Jensen accidentally saw the process being conducted in a small laboratory that was visible to everyone,but not part of the tour.Jensen realized that probably no one else would recognize the process,and said nothing.Jensen was able to duplicate ChemoPharm's process,and is now about to be promoted to vice president.Does ChemoPharm have a claim against Jensen and Jensen's employer? What is the likely outcome?

Question 64

Joey invented a new type of device to control dog barking without harming the dog.A month later,Sasha independently invented an almost identical type of device.Sasha filed for a patent immediately.When Joey became aware of Sasha's filing,Joey also filed for patent protection.Assuming that there is no statutory bar between Joey and Sasha,who should be awarded the patent prior to September 16,2003,and why? What about after September 16,2013? What law affects the result after September 16,2013? What would the result be in most other countries?

Question 65

Chef Shea has developed a great new recipe for homemade ice cream and serves it at Chez Shea.Shea would like to keep the recipe secret and prevent anyone else from using it.What four areas should a trade secret program cover?