Deck 9: Intellectual Property

Question 1

Regular words can become trademarks,as long as consumers identify them with a particular source.

Answer 1

True

Question 2

As in all monopolies,the consumer wants the monopoly to last as long as possible,while the producer always wants the monopoly to end as quickly as possible.

Answer 2

False

Question 3

The U.S.Patent Act has been amended from the "first to invent" rule to "first inventor to file" rule.

Answer 3

True

Question 4

The Constitution addresses all forms of modern intellectual property,including trademarks,patents,and copyrights.

Question 5

Unlike trade secrets,a patent can last forever.

Question 6

Intellectual property is tangible property,the product of human ingenuity,protected by law.

Question 7

A plant patent expires fourteen years following the original patent application.

Question 8

Some countries,such as Canada,permit the patenting of life forms.

Question 9

Grand literary works such as Shakespeare's Hamlet or Beethoven's Fifth Shoven' works such as Shakespeare'dern intellectual property,including trademarks,patents,copyrightsPAGEXXXPAGEXXXPAGEXXXPAGEXXXPAGEXXXPAGEXXXPAGEXXXPAGEXXXPAGEXXXPAGEXXXPAGEXXXPAGEXXXPAGEXXXPAGEXXXPAGEXXXPAGEXXXPAGEXXXPAGEXXXymphony can only be performed once permission has been granted by the respective estates that retain ownership of the works.

Question 10

Artistic works can be copyright protected.

Question 11

Chartered Financial Analyst is an example of a certification mark.

Question 12

Reverse engineering means that it would be easy for competitors to figure out how new products are manufactured,and then copy them.

Question 13

The U.S.Patent and Trademark Office grants property rights to patentees within the United States,its territories and possessions.

Question 14

The Copyright Clause prohibits the government from creating a special kind of monopoly around intellectual property.

Question 15

Since the color pink is trademarked when used for building insulation by Owens Corning,all other insulation manufacturers must use different colors.

Question 16

Generally,according to the Uniform Trade Secrets Act,misappropriation occurs if the secret was disclosed or used without permission from the secret's owner.

Question 17

Trademarks are subject to the Constitution's "limited time" restriction.

Question 18

If you are working for an employer in a creative capacity,working with others to develop a secret,and if you have agreed not to use trade secrets,then the right to the trade secret will belong to your employer,in all jurisdictions.

Question 19

The Forest Stewardship Council,a mark that represents membership in an organization,is known as a collective mark.

Question 20

U.S.Representative Sonny Bono introduced the Copyright Term Extension Act to add twenty years to copyrights.

Question 21

According to the Digital Millennium Copyright Act,it is not illegal to attempt to disable a copy protection device.

Question 22

If a company owns a copyrighted work,the copyright expires ninety-five years from the date of creation.

Question 23

The owner of a copyright may allow members of the public to use a copyrighted work,for free or for a fee.

Question 24

Trademarks cannot contain the U.S.flag,any government symbol,or anything immoral.

Question 25

Lite beer,Q-tip,and yo-yo are all examples of trademarks that are generic.

Question 26

Copyright infringement would occur if a classmate takes your class notes without your permission and makes photocopies of them.

Question 27

A copyrighted work is automatically copyrighted upon its creation.

Question 28

A trademark is valid as long as consumers believe that the mark is associated with a specific producer.

Question 29

Today,copyright extends to any form of creative expression,including digital forms.

Question 30

Since computer software is a compilation of binary code expressed in 1 and 0,all software is not copyrighted.

Question 31

In recent years,the Digital Millennium Copyright Act has been used by companies to prevent competitors from making replacement garage door openers on the grounds that the replacements circumvent a copy protection device.

Question 32

Ideas,by themselves,can be copyrighted.

Question 33

The practice of cybersquatting arose in the early days of the Internet.

Question 34

Companies or persons accused of trademark infringement have few defenses to rely on.

Question 35

A work must be original and fixed in a durable medium to be copyrighted.

Question 36

A fair use of a copyrighted work includes copying a work for purposes of criticism,news reporting,or research.

Question 37

Dilution permits a trademark owner to stop usage of a similar word or phrase only if consumers are confused.

Question 38

The Anticybersquatting Consumer Protection Act makes it illegal to register Internet domain names for the sole purpose of selling,whether it is done in "good faith" or not.

Question 39

Comparative advertising is not considered fair use.

Question 40

If you make digital media available for download for others,you are engaged in illegal downloading.

Question 41

A bill of material is defined as:

A)a central accounting record of a company showing individual transactions.
B)a computerized relational database that generates and maintains sales orders.
C)a list of components constituting an assembled good.
D)a list of goods dispatched at a customhouse for export or import.
E)a detailed list of a ship's cargo given to the person consigning the goods.

Question 42

The _____ within Article I,Section 8 of the U.S.Constitution authorizes Congress to pass laws protecting intellectual property.

A)Copyright Clause
B)code of non-infringement
C)community trademark
D)Force Majeure Clause
E)Relative Clause

Question 43

When a genetically modified agricultural product patented by one individual cross-pollinates with nongenetically modified agricultural products of another,it results in progeny that contains the genes or cells that are patented.If a case were to be filed,whose side is the court likely to take?

A)The patentee who has the rights to those progeny by virtue of their patent ownership.
B)The individual who owns the nongenetically modified agricultural products.
C)The court will rule for a middle path by giving them equal rights.
D)The court will declare the government as the final possessor.
E)The court will order the government to destroy the current product and ban further production of the product.

Question 44

How do the first-time software professionals win in Apple's revolutionary business model?

A)By selling thousands of their apps directly to consumers without having to find a software publisher first
B)By developing content for Apple's product and enhancing its appeal though not being on their payroll
C)By collecting a percentage fee from every app sold on Apple's iTunes store
D)By having access to all sorts of creative programs to help them do more on their iPhones than simply make a phone call
E)By patenting their individual products,thus giving them a chance to earn a good amount of money

Question 45

A company whose sole purpose is to acquire patents and sue potential infringers is pejoratively known as:

A)patent thickets.
B)patent pools.
C)patent trolls.
D)patent watchdogs.
E)patent lawyers.

Question 46

Which of the following is patentable?

A)The laws of nature
B)Physical phenomena
C)Abstract ideas
D)Artistic works
E)New chemical compounds

Question 47

A _____ is a federal right granted to inventors for processes,machines,and compositions of matter.

A)civil right
B)copyright
C)patent
D)license
E)certification mark

Question 48

A scheme used by countries to force pharmaceutical drug licensing in light of a medical emergency is called:

A)prosecution of patent.
B)compulsory licensing.
C)brand licensing.
D)emergency licensing.
E)exclusionary interest.

Question 49

One of the criteria for an invention to be patentable in the United States of America is that it should:

A)be obvious.
B)be preexisting.
C)involve an inventive step.
D)be new.
E)be capable of industrial application.

Question 50

The most common type of patent,awarded for inventions or improvements to methods,processes,machinery,and compositions of matter is an):

A)copyright.
B)utility patent.
C)license.
D)design patent.
E)plant patent.

Question 51

If two individuals apply for the same patent,the individual who is likely to get the patent in the United States of America is the one who is first to:

A)file.
B)buy.
C)sell.
D)invent.
E)document.

Question 52

Intangible property,the product of human ingenuity,protected by law is known as:

A)real property.
B)intellectual property.
C)fungible property.
D)corporeal property.
E)immovable property.

Question 53

The duration of a monopoly is determined by:

A)Copyright Clause
B)Congress
C)USPTO
D)State governments
E)An industry-based advisory group

Question 54

A plant patent expires in _____ years following the original patent application.

A)15
B)20
C)34
D)50
E)70

Question 55

The exclusive service provider of Apple for all its iPhones in the United States of America is:

A)Verizon.
B)Qwest.
C)CenturyLink.
D)AT&T.
E)BellSouth.

Question 56

A unique patent right granted to protect the look,not functionality,of an invention is an):

A)copyright.
B)utility patent.
C)license.
D)design patent.
E)plant patent.

Question 57

The Copyright Clause states that Congress can grant a monopoly to:

A)ensure the producer has the monopoly infinitely.
B)ensure the producer becomes rich.
C)promote the Progress of Science and useful Arts.
D)promote immunity against competitive pressure.
E)ensure that society can freely copy and improve upon the producer's product without paying any royalties.

Question 58

To step on,or violate,someone else's property rights is known as:

A)infringement.
B)misappropriation.
C)misdemeanor.
D)obstruction.
E)licensing.

Question 59

What is patent infringement?

A)It is a label claiming patent protection for an application not yet granted.
B)It is a unique patent right granted to inventors of new forms of plant.
C)It is anything of value a company takes reasonable steps to protect from disclosure.
D)It is the violation of a patent holder's rights.
E)It is the pejorative term for patent holding companies.

Question 60

A patent typically grants the owner the rights to exclude others from all of the following except:

A)offering to sell.
B)viewing.
C)selling.
D)making.
E)using.

Question 61

_____ is a contract between a copyright holder and user,typically used in software licenses.

A)General Public License
B)Click-wrap license
C)End User License Agreement
D)Shrink-wrap license
E)Digital Millennium Copyright Agreement

Question 62

The practice of _____ arises when a company registers a domain name containing a famous trademark in hopes of selling that trademark to its rightful owner for a large profit.

A)DNS poisoning
B)pharming
C)geodomain
D)DNS hijacking
E)cybersquatting

Question 63

The _____ Amendment recognizes the use of parody,comedy,or satire as fair use.

A)First
B)Second
C)Fifth
D)Thirteenth
E)Fourteenth

Question 64

Which of the following statements is NOT true about the first Federal Trademark Dilution Act?

A)The act only protected "famous" trademarks.
B)It failed to clearly define "dilution."
C)Trademark owners of famous trademarks only needed to show a likelihood of dilution before filing a dilution lawsuit.
D)Congress passed the first dilution law,the Federal Trademark Dilution Act,in 1995.
E)It failed to clearly define what was required for trademark owners to win a lawsuit.

Question 65

A model law to protect trade secrets,adopted by over forty states,is the:

A)Trade Secrets Enforcement Act.
B)Uniform Trade Secrets Act.
C)Digital Millennium Copyright Act.
D)Economic Espionage Act.
E)Customs Facilitation and Trade Secrets Enforcement Reauthorization Act.

Question 66

Which of the following is NOT true about the Uniform Trade Secrets Act UTSA)?

A)It is a model law to protect trade secrets.
B)According to the Act,misappropriation occurs if the secret was acquired by improper means.
C)Very few states have adopted the UTSA.
D)In cases of willful or malicious misappropriation,double damages may be awarded,as well as attorney's fees.
E)The definition of trade secret can vary by jurisdiction.

Question 67

A claim for misappropriation can be brought when:

A)you buy a multimillion-dollar secret recipe hidden away in an antique shop.
B)a trade secret is used for personal benefit ahead of the government's interest.
C)a trade secret is used but with the permission of the secret's owner.
D)a trade secret has been wrongfully obtained,such as through bribery.
E)you accidentally stumble upon a trade secret.

Question 68

_____ is the use of a famous trademark in a manner intended or designed to cause tarnishment of the mark.

A)Dilution
B)Formation
C)Genericide
D)Misappropriation
E)Preemption

Question 69

Which of the following observations is true about trademarks?

A)The terms "trademark" and "brand" are synonymous.
B)Trademarks are subject to the Constitution's "limited time" restriction.
C)An invented word is the best type of trademark.
D)Trademarks are limited to a company's name or its logo.
E)A federal law,the Uniform Trade Secrets Act,protects trademarks.

Question 70

Which of the following criminalizes the misappropriation of a trade secret to benefit a foreign body:

A)Uniform Trade Secrets Act
B)Copyright Clause
C)Copyright Term Extension Act
D)Patent Exhaustion Doctrine
E)1996 Economic Espionage Act

Question 71

Which federal law protects trademarks?

A)The Lanham Act
B)The Federal Trademark Dilution Act
C)The Economic Espionage Act
D)The Trademark Enforcement Act
E)The Luce-Celler Act

Question 72

Which of the following is an example of a trademarked name being used across multiple categories of goods?

A)McDonalds
B)Kleenex
C)Q-Tips
D)Gucci
E)Delta

Question 73

What is Digital Rights Management?

A)It is a widely used free software license.
B)It is a scheme that limits the number of copies and devices a digital file can be transferred to.
C)It is a doctrine under which the first owner of a copyrighted work can do whatever he/she pleases with it.
D)It is a scheme which does not permit the copyright holder to delete a purchased work.
E)It is a doctrine that gives exclusive rights to authors for their respective work.

Question 74

_____ is a trademark representing membership in an organization.

A)Certification mark
B)Conformance mark
C)Hallmark
D)Collective mark
E)Service mark

Question 75

What is trade dress?

A)It is the trademark for an entity providing services,as opposed to goods.
B)It is the distinctive and unique look,feel,or shape of a product or service that signifies unique origin.
C)It is the trademark representing membership in a group as established by owner of the collective mark.
D)It is a name for products,especially foodstuffs,reserved exclusively for products originating from a particular region.
E)It is a scheme to restrict the ability of an end user to copy or modify digital media.

Question 76

The practice of domain name squatting was made illegal in 1999 with the passage of the:

A)Anticybersquatting Consumer Protection Act.
B)Federal Trademark Dilution Act.
C)PROTECT Act.
D)Truth in Domain Names Act.
E)American Inventors Protection Act.

Question 77

Which of the following statements about trade secrets is true?

A)If someone uses lawful means to uncover a secret,then the secret is no longer protected by the secret's owners.
B)Unlike patents,a trade secret cannot last forever.
C)Very few states have adopted the Uniform Trade Secrets Act.
D)Unlike patents,trademarks,and copyrights,there is a federal law that protects trade secrets.
E)Reverse engineering is an illegal way of discovering a trade secret.

Question 78

Damages for a claim for misappropriation exclude:

A)attorney's fee.
B)actual loss.
C)unjust enrichment not captured by actual loss.
D)double damages.
E)cost to the exchequer while the court is in session.

Question 79

The _____ Act prohibits any attempts to circumvent a copy protection device or scheme.

A)Lanham
B)False Claims
C)Inducing Infringement of Copyrights
D)Digital Millennium Copyright
E)Uniform Trade Secrets

Question 80

_____ is the right of the public,under circumstances laid out in copyright and trademark law,to use protected intellectual property without permission.

A)Preemption
B)Fair use
C)Estoppel
D)Nominative use
E)Implied consent