Deck 14: Intellectual Property

Question 1

Which of the following statements is true about trade secrets?

A)A trade secret is a distinctive mark, word, design, picture, or arrangement used by the producer of a product that tends to cause consumers to identify the product with the producer.
B)Inventions and designs are not considered as trade secrets.
C)A trade secret is protected by the common law as long as it is kept secret and comprises elements not generally known in the trade.
D)If a trade secret is discovered by a competitor through reverse engineering, the competitor may not profit from the discovery without paying royalties to the party holding the trade secret.

Answer 1

C

Question 2

Audiophayle is a record store. It specializes in a particular genre of music. It includes a distinctive sound in its advertisement campaigns. It wishes to protect this sound from being copied. Under which of the following intellectual properties should Audiophayle register its distinctive sound?

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

Answer 2

D

Question 3

A ________ is a distinctive mark used by a seller in conjunction with a product that tends to cause the consumer to identify the product with the producer.

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

Answer 3

B

Question 4

Which of the following statements is true of registering a trademark with the Patent Office?

A)The Patent Office registers trademarks that are descriptive.
B)The Patent Office does not register trademarks that use the name of a person.
C)To register a trademark with the Patent Office, one must indicate when the final drawing of the trademark was created and provide a list of competitors.
D)To register a trademark with the Patent Office, one must indicate when it was first used in interstate commerce and how it is used.

Question 5

The purpose of trademark dilution laws is to ________.

A)prohibit the use of distinctive trademarks only when there is a possibility of consumer confusion
B)prohibit the use of distinctive trademarks even without a showing of consumer confusion
C)allow the use of famous trademarks on completely unrelated goods
D)allow the use of famous trademarks on completely unrelated goods only if there is no possibility of consumer confusion

Question 6

Sparklae, a beverage company, uses a distinctly-shaped bottle to sell its beverages. Customers identify its beverages by the shape of its bottle. One of its competitors designs a similarly-shaped bottle for its product. Which of the following intellectual properties has been infringed by Sparklae's competitor?

A)trademark
B)trade dress
C)patent
D)trade secret

Question 7

A ________ is a compilation of information that is not known to the public and gives a businessperson an advantage over his or her competitors.

A)patent
B)utility model
C)Madrid system
D)trade secret

Question 8

The U.S. Patent Office registers trademarks under the ________.

A)Baker Act of 1971
B)Lanham Act of 1947
C)Glass-Steagall Act of 1933
D)Public Information Act of 1966

Question 9

Which of the following can be protected using trade-secret law?

A)a short story written on a word processor
B)a logo used to identify a business
C)the product formula used to manufacture a famous soft drink
D)a computer program that calculates compound interest

Question 10

Which of the following can be protected by using the trademark law?

A)a short story written on a word processor
B)a logo used to identify a business
C)the product formula used to manufacture a famous soft drink
D)the bottling machine used to fill bottles in a beverage company

Question 11

Which of the following statements is true about the Federal Trademark Dilution Act of 1995?

A)The Federal Trademark Dilution Act of 1995 protects trademarks from unauthorized use on competing goods only.
B)It extends protection only to identical marks.
C)It prohibits the use of "distinctive" or "famous" trademarks even without a showing of consumer confusion.
D)It does not consider a trademark's value to be diminished if it is used on unrelated goods.

Question 12

Paul is the owner of a newly-opened theme park. A rival theme park named Sunny Universe has accused Paul of copying its theme and filed a trade-dress infringement suit against Paul. Which of the following should Sunny Universe prove in order to win the case?

A)Sunny Universe's theme has been registered with the Patent Office under the Lanham Act of 1947.
B)Sunny Universe's theme is primarily functional.
C)The theme adopted by Sunny Universe is inherently distinct and has acquired a secondary meaning.
D)The theme adopted by Paul's theme park is unlikely to create confusion among customers.

Question 13

________ identify the producers as belonging to a larger group.

A)Product trademarks
B)Service marks
C)Collective marks
D)Certification marks

Question 14

Which of the following statements is true about a trade dress?

A)The main focus of a case of trade-dress infringement is usually on whether the trade dress is primarily functional.
B)One of the elements that a party must prove to succeed on a claim of trade-dress infringement is that the alleged infringement creates a likelihood of confusion.
C)A trade dress is entitled to lesser protection than a trademark.
D)A trade dress must be registered to receive protection from the law.

Question 15

Which of the following is the best description of intellectual property?

A)physical property, such as land and housing
B)anything that a person thinks
C)property that is the result of mental creativity
D)property that is considered to be very fruitful

Question 16

Which of the following statements is true about trademarks?

A)The owner of an unregistered mark may recover damages from an infringer.
B)An injunction prohibiting an infringer from using a trademark is provided only if the mark is registered.
C)A trademark that uses the name of a person cannot be registered with the Patent Office.
D)The Patent Office will not register a trademark that is generic, descriptive, or deceptive.

Question 17

To succeed on a claim of trade-dress infringement, a plaintiff must prove that ________.

A)the trade dress is primarily nonfunctional
B)the trade dress has not acquired a secondary meaning
C)the alleged infringement does not create confusion
D)the value of the trade dress has been diminished

Question 18

BRQ grills produces barbecue grills. One of its grills is a copy of the physical appearance of a grill sold by a rival company. Which of the following infringements has BRQ grills committed?

A)trademark infringement
B)trade-dress infringement
C)copyright infringement
D)service mark infringement

Question 19

To enjoin a competitor from continuing the use of a trade secret, a plaintiff must prove that ________.

A)the trade secret bestows a competitive advantage upon the defendant
B)the plaintiff's business has suffered losses due to its use by the defendant
C)the defendant used the trade secret without the plaintiff's permission
D)the defendant used reverse engineering to discover the trade secret

Question 20

________ are marks licensed by a group that has established certain criteria for use of the mark.

A)Product trademarks
B)Service marks
C)Collective marks
D)Certification marks

Question 21

A patent holder has a guarantee of an exclusive monopoly on the use of an invention for ________.

A)50 years after the death of the original patent holder
B)40 years after the death of the patent holder's principal heir
C)30 years
D)20 years

Question 22

Bertha is willing to issue a license for her patented copy machine, but only if the licensee agrees to buy all of the required copy paper from her office supply store during the term of the license. Which of the following statements is true about Bertha's plan?

A)This arrangement must be registered in court.
B)This arrangement constitutes an unlawful tying arrangement.
C)This arrangement constitutes unlawful cross-licensing.
D)This arrangement is legal and valid.

Question 23

Heather writes a novel and copyrights it. She publishes the novel in a magazine in three parts. She notices that her novel has been copied on to a website hosted by Simon. Which of the following statements is true of this scenario?

A)Simon is guilty of copyright infringement even if the magazine is freely distributed and is not accompanied by a copyright notice.
B)Simon is not guilty of copyright infringement if Heather has not registered her work.
C)Heather cannot prevent her novel from being reproduced if she has not registered her copyrighted novel.
D)Heather cannot sue Simon for damages if her copyrighted novel is not registered.

Question 24

Which of the following statements is true of the fair use doctrine?

A)It allows portions of patent designs to be reproduced for the purposes of criticism and reporting.
B)Parodies of copyrighted works are not protected by the fair use doctrine.
C)It outlawed distribution or copying of copyrighted material over the Internet regardless of profits or profit-making intent.
D)To decide whether a reproduction is fair use, courts consider the commercial impact of the use on the copyrighted work.

Question 25

A ________ provides the exclusive legal right to reproduce, publish, and sell the fixed form of an expression of an original creative idea.

A)patent
B)licensing right
C)copyright
D)trademark

Question 26

Which of the following statements is a feature of copyrights?

A)A copyrighted work owned by the creator, if reproduced with the appropriate notice affixed, is protected throughout the life of the creator and for an additional 70 years.
B)A copyrighted work owned by a publisher, when reproduced with the appropriate notice affixed, is protected for the lifetime of the publisher and for an additional 100 years.
C)To register a work as a copyrighted work, two copies of the work must be provided to the New York Public Library.
D)A copyrighted work that is reproduced without a notice of copyright is protected by copyright laws.

Question 27

Which of the following allows a portion of a copyrighted work to be reproduced for purposes of criticism, comment, and news reporting?

A)Federal Trademark Dilution Act of 1995
B)fair use doctrine
C)Lanham Act of 1947
D)Ultramares doctrine

Question 28

Which of the following is a difference between a patent and a trade secret?

A)A patent grants its holder exclusive monopoly over the product for 20 years, whereas a trade secret does not.
B)A trade secret goes into the public domain after a period of 10 years, but a patent does not.
C)The law protects a trade secret that has been reverse engineered by a competitor but not a patent.
D)Business methods are generally protected by patent laws, but they cannot be protected by trade secret laws.

Question 29

Tying arrangements and cross-licensing are considered unlawful because both actions ________.

A)tend to reduce competition
B)inhibit licensees' right to freedom of choice
C)limit patent holders' freedom to license their patents
D)curb a consumer's right to use the patented product

Question 30

The holder of a(n) ________ has the exclusive right to produce, sell, and use a product, process, invention, or machine for 20 years.

A)trade secret
B)industrial design right
C)patent
D)certification mark

Question 31

A copyright infringer can be prohibited from reproducing a copyrighted work ________.

A)90 years after the death of the creator, if the copyright holder is not a publisher
B)even if the copyrighted work is not registered
C)even if the copyrighted work is freely distributed without notice of copyright
D)if the infringer is parodying the copyrighted work

Question 32

________ is an illegal use of patents that occurs when a holder issues a license to another individual to use a patented object only if the licensee agrees to buy some nonpatented product from the holder.

A)Cross-licensing
B)Full-line vending
C)Franchising
D)Tying arrangement

Question 33

Which of the following is the next step in the process of obtaining a patent after contacting a patent attorney?

A)The attorney does a patent search to make sure that no other similar patent exists.
B)The attorney files a patent application with the Patent Office.
C)The attorney attends a legal hearing so a judge can evaluate the patent application.
D)The U.S. Patent Office checks if two copies of the patent design have been submitted to the Library of Congress.

Question 34

Which of the following statements is true about common illegal uses of patents?

A)A tying arrangement occurs when the patent holder issues a license to use the patented object only if the licensee agrees also to buy some nonpatented product from the holder.
B)A tying arrangement occurs when the patent holder issues a license to use the patented object in a manner dictated by the patent holder.
C)Cross-licensing occurs when two patent holders sell their patents to one another.
D)Cross-licensing occurs when a patent holder extends his or her patent to cover a similar object.

Question 35

Andrew and Martha license each other to use their patents. They agree not to license their patents to anyone else without asking for the other's permission first. Which of the following statements is true of Andrew and Martha's agreement?

A)This arrangement must be registered in court.
B)This arrangement constitutes an unlawful tying arrangement.
C)This arrangement constitutes unlawful cross-licensing.
D)This arrangement is legal and valid.

Question 36

Which of the following can be protected using copyright law?

A)a short story written on a word processor
B)a logo used to identify a business
C)the product formula used to manufacture a famous soft drink
D)a component of an electric drill

Question 37

Which of the following best describes cross-licensing?

A)One patent holder licenses another individual to use a patented object, and in return, the patent holder is given the right to hold any patents the licensee may have.
B)Two patent holders license each other to use their patents as long as both holders are allowed to license to other parties.
C)Two different patent holders license a third individual to use a patented object, and that third party uses the two patents in an authorized manner.
D)Two patent holders license each other to use their patents on the condition that neither licenses anyone else to use his or her patent without the other's consent.

Question 38

Which of the following statements is true of patents?

A)The object of a patent can be one that a person of ordinary skill in the trade could have easily discovered.
B)Courts generally grant patents for business methods.
C)A patent holder has the exclusive right to produce, sell, and use the patented object for the duration of ten years.
D)No other party should have created or published the plans for the object of a patent.

Question 39

SparkLyght is a company that manufactures electric lights. It develops a new type of electric lamp, called FullBryght. One of its competitors releases the same product into the market. SparkLyght files a lawsuit against the competitor. Which of the following statements is true of this scenario?

A)If FullBryght is registered as a trade secret, SparkLyght should prove that the competitor used the trade secret without SparkLyght's permission.
B)If FullBryght is registered as a trade secret, SparkLyght can recover damages even if the competitor discovered the trade secret by lawful means.
C)If a patent has been issued for FullBryght, SparkLyght's competitor is not guilty of infringement if it reverse engineered FullBryght.
D)If a patent has been issued for FullBryght, SparkLyght can form a tying arrangement with its competitor to receive royalties.

Question 40

Which of the following statements is true about copyrights?

A)A freely distributed work is still protected by copyright laws.
B)Titles and short phrases are protected by copyright laws.
C)A work is copyrightable if it is set out in a tangible medium.
D)A work is copyrightable even if it is not original.

Question 41

Which of the following statements is true about Trade Related Aspects of International Property Rights (TRIPS)?

A)Its national treatment policy provides greater protection to domestic products.
B)Its most-favored-nation policy extends preferential treatment to some of its member nations.
C)It does not provide copyright protection to rental rights.
D)It protects names that indicate the geographical origin of a product.

Question 42

Going on public tours of plants and observing the use of trade secrets is considered an unlawful method of discovering a trade secret.

Question 43

Which of the following acts outlawed any distribution or copying of copyrighted material over the Internet regardless of profits or profit-making intent?

A)Computer Software Copyright Act
B)No Electronic Theft Act of 1997
C)Digital Millennium Copyright Act
D)Copyright Act of 1976

Question 44

Which of the following statements is true about the Computer Software Copyright Act?

A)It came into effect in 1976, as a part of the original Copyright Act of 1976.
B)It declared that only the language used to program computer software can be protected with a copyright.
C)Courts have determined that the general framework of computer software can also be protected by copyright.
D)It states that the act of evading anti-piracy technologies included in software, including DVDs and CDs, is a crime.

Question 45

Which of the following statements is true of Trade Related Aspects of International Property Rights (TRIPS) and the member nations of the World Trade Organization (WTO)?

A)In the Paris Convention of 1883, the members of the WTO accepted TRIPS as the solution to issues related to intellectual property rights.
B)TRIPS entered into force with the conclusion of the Berne Convention of 1886.
C)Developed countries had to comply with TRIPS 11 years after it came into force.
D)China has changed its intellectual property laws to come into compliance with TRIPS.

Question 46

Which of the following statements is true of the Computer Software Copyright Act?

A)It outlawed the creation or sale of a device that can crack codes to allow one to copy software.
B)It outlawed distribution or copying of copyrighted material over the Internet, even for the purposes of education and research.
C)It declared that the act of evading anti-piracy technologies included in software is a crime.
D)It declared that the coded language and general framework of computer software can be copyrighted.

Question 47

Which of the following is a feature of Trade Related Aspects of International Property Rights (TRIPS)?

A)It mandates that patents must be protected for at least 30 years.
B)It requires industrial designs to be protected for at least 25 years.
C)Under it, countries have the right not to patent different processes, such as surgical methods.
D)It prohibits countries from issuing compulsory licenses to force production of a patented product, even if the patent holder's rights are protected.

Question 48

For the remainder of his or her life, a patent holder has the exclusive right to produce, sell, and use the object of the patent.

Question 49

Which of the following statements is true of the Digital Millennium Copyright Act (DMCA)?

A)It forbids the creation or sale of a device that can crack codes to allow one to copy any kind of software.
B)It requires Internet service providers to block distribution of copyrighted material over the Internet.
C)It outlawed any distribution of copying or copyrighted material over the Internet, regardless of profit-making intent.
D)It declared that parts of computer software, such as the language that humans can read, cannot be copyrighted.

Question 50

The result of a patent-infringement suit may be that the patent holder loses the patent.

Question 51

Cross-licensing occurs when a patent holder licenses two competitors to use the same patented object.

Question 52

The Trade Related Aspects of International Property Rights (TRIPS) is administered through the ________.

A)World Bank
B)World Trade Organization
C)International Monetary Fund
D)International Labor Organization

Question 53

How did the legislature define whether a "copy" was created when addressing copyrighted materials and the Internet?

A)A work was officially copied when it was downloaded into a computer's memory or RAM.
B)A work was officially copied when it was emailed to another person.
C)A work was officially copied when it was viewed on a person's computer screen.
D)A work was officially copied when it was hosted on a file-sharing Web host.

Question 54

To be protected in intrastate use, a trademark must be registered with the U.S. Patent Office.

Question 55

A tying arrangement occurs when a patent holder licenses a patent in exchange for royalties.

Question 56

Collective marks are marks identifying the producers as belonging to a larger group.

Question 57

Tying arrangements and cross-licensing are unlawful, because they tend to reduce competition.

Question 58

Trademark dilution laws prohibit the use of "distinctive" or "famous" trademarks even without a showing of consumer confusion.

Question 59

The United States Supreme Court did not categorically find that business methods could not be patented.

Question 60

Which of the following acts states that the act of evading anti-piracy technologies included in software is a crime?

A)Computer Software Copyright Act
B)No Electronic Theft Act of 1997
C)Digital Millennium Copyright Act
D)Copyright Act of 1976

Question 61

What must a plaintiff prove to succeed on a claim of trade-dress infringement?

Question 62

Peer-to-peer networking is prohibited under the Digital Millennium Copyright Act (DMCA).

Question 63

In 1976, the Copyright Act declared that computer software could be protected with a copyright.

Question 64

What are the merits and demerits of protecting an invention through a patent instead of a trade-secret law?

Question 65

The Supreme Court has determined that the hosts of file-sharing and networking sites could be held liable for the distribution of copyrighted material.

Question 66

Trade Related Aspects of International Property Rights (TRIPS) protects trademarks for both goods and services.

Question 67

What are the steps to be taken by a creator to be able to sue an infringer for damages arising from a copyright infringement?

Question 68

How does the Digital Millennium Copyright Act (DMCA) protect copyrights? How does it protect Internet service providers from copyright-infringement claims?

Question 69

Any website continually casting music over the Internet is required by the Digital Millennium Copyright Act (DMCA) to have licensing agreements with the copyright holder.

Question 70

Explain the process of registering a trademark with the U.S. Patent Office.

Question 71

What were the consequences of the Federal Trademark Dilution Act of 1995 (FTDA)?

Question 72

What were the provisions of the No Electronic Theft Act of 1997? How did it impact the distribution of copyrighted material for nonprofit use?

Question 73

The Librarian of Congress and the Copyright Office outlawed the breaking of DVD encryption for education and commentary, on the basis of the Digital Millennium Copyright Act (DMCA).

Question 74

The No Electronic Theft Act (NET) of 1997 permitted distribution of copyrighted material for the purposes of education and research.

Question 75

Trade Related Aspects of International Property Rights (TRIPS) allows countries to deny a patent to prevent the commercial exploitation of something dangerous to public order or morality.

Question 76

A work must be set out in a tangible medium of expression to be copyrightable.

Question 77

Internet service providers were required by the Digital Millennium Copyright Act (DMCA) to take down or cease transmission of information that is reported to be an infringement of copyright.