B Law Ch 7 Questions
A ________ is a grant by the federal government upon the inventor of an invention for the exclusive right to use, sell, or license the invention for a limited amount of time. A) copyright B) patent C) trade secret D) trademark
B
A ________ mark is mark that confirms that a seller of a product or service has met certain geographical location requirements, quality standards, material standards, or mode of manufacturing standards established by the owner of the mark.
B
A competitor can lawfully use a rival's trade secret if the competitor got the trade secret by means of ________. A) cross-licensing B) reverse engineering C) patenting D) copyrighting
B
A doctrine that says a patent may not be granted if the invention was used by the public for more than a certain period of time prior to the filing of the patent application is known as: A) the public service doctrine B) the public use doctrine C) the unfair doctrine D) the bar to patents doctrine E) None of these are correct.
B
Derek applies for and successfully receives a trademark registration on July 1, 2009. When will the trademark registration have to be renewed? A) No later than July 1, 2014. B) No later than July 1, 2019. C) Ninety-five years from Derek's demise. D) There will not be a need to re-register. Once obtained, trademark protection lasts in perpetuity.
B
How is a copyright different from a patent? A) Copyrights are applied for inventions, while a patent is applied for tangible writings. B) Patents have a limited term period, while copyrights carry lifelong terms. C) Patents fall under the federal law, while copyrights fall under state law. D) Copyrights should be novel, and useful, while patents need not be so.
B
In terms of copyright law, the use of copyrighted material in a satire or parody would be an example of ________. A) copyright infringement B) application of fair use doctrine C) piracy D) copyright sharing
B
In the State Street case discussed in the text, what change was made to patent law? A) Copyright protection was extended to previously noncopyrighted works once they are available over the Internet. B) Computerized online business operating plans and arrangements were determined to be eligible for patent protection. C) Invention promoters were determined to be liable to inventors for damages caused. D) Patent protection was determined to apply during the provisional period.
B
78) John is a country music songwriter who composes a song entitled "Busted, Rusted Heart" in which the melody is similar to that of the 1990s hit by Billy Ray Cyrus, "Achy Breaky Heart." The words also parallel and make fun of the words in the original song. Does John commit copyright infringement if he performs his song and sells copies of it? A) He can play the song in private performances but cannot sell it. B) He can neither play the song in any circumstance nor sell it. C) He can sell the song so long as he has applied for and been granted a copyright. D) John's song is probably a valid parody and acceptable within the fair use doctrine. E) John can play the song only if he can prove that he wrote it without knowledge of "Achy Breaky Heart."
D
A closely guarded formula for a recipe protected by a soft drink manufacturer would be considered as an example of a ________. A) copyright B) patent C) trademark D) trade secret
D
According to the Economic Espionage Act, ________. A) persons who have reverse engineered a trade secret can use that trade secret, and the related trademark B) the rights to a trade secret will have to be renewed after a specified period of time C) trade secrets can be shared for a limited amount of time D) it is a federal crime to steal another's trade secret
D
Apart from recovering damages, and recovering profits made by the offender, successful plaintiffs in a misappropriation of a trade secret case can also ________. A) obtain the offender's trademarks or brand name as payoff B) ask for transfer of any of the offender's patents to the plaintiff C) ask to acquire the offender's trade secrets as payoff D) obtain an injunction prohibiting the offender from divulging the trade secret
D
Donna is on vacation in 2002 in San Francisco. She is a professional photographer and would like to take and sell some photographs of the Golden Gate Bridge. She wants her photographs to be copyrighted, but knows that there are already copyrighted photos of the Golden Gate Bridge taken from almost every angle. What must Donna do to obtain copyright protection for the photo? A) Take the photo, apply for copyright protection, and there will be a search to be sure her photo is not too similar to previously copyrighted photos. B) Take the photo, apply for copyright protection, and wait for the statutory period for anyone to file an objection. C) Take the photo and mark it as copyrighted with her name and the date. D) Take the photo. E) Donna cannot get copyright protection because her idea to take a photo of the Golden Gate Bridge is not original.
D
In general, trademark protection is granted based on whether the trademark is: A) novel and useful B) the original creation of the trademark registrant C) understandable to the general public D) distinctive E) marketable
D
Intellectual property falls into a category of property known as ________. A) moveable property B) real property C) tangible property D) intangible property
D
All but which one of the following could be patented? A) a design for an article of manufacture B) an asexually reproduced plant C) living material invented by a person D) a composition of matter E) an abstraction or scientific principle
E
For which of the following kinds of intellectual property is a filing or registration required in order to receive protection? A) copyrights. B) patents C) trademarks D) A and B only. E) B and C only.
E
The international copyright treaty known as the Berne Convention had what effect on placing the copyright symbol or the wordy "copyright" on a copyrighted work? A) It entitles the creator to provisional copyright protection until a formal copyright application is filed. B) It extends the valid period of the creator's copyright such that it continues until 50 years beyond the creator's life. C) It has no legal effect. D) Its presence can help defeat an infringer's claim that the infringement was innocent. E) It eliminated the need for the copyright symbol or the word copyright on a copyrighted work.
E
What may be registered with the United States Copyright Office? A) patents B) patents and trademarks C) published works D) unpublished works E) published and unpublished works
E
What was the basis for the federal court of appeals decision in the case in the text between Amazon.com and BarnesandNoble.com, involving the single-click online ordering system used by Amazon.com? A) The single-click online ordering system developed by Amazon.com was entitled to patent protection. B) Amazon.com had stolen trade secrets from BarnesandNoble.com. C) The use of the single-click ordering system by BarnesandNoble.com fell within the fair use doctrine. D) The single-click online ordering system could not receive patent protection due to the public use doctrine. E) The single-click ordering system did not meet the requirement of being nonobvious.
E
Which of the following is not available to a plaintiff in a copyright infringement case? A) the profits made by the infringer B) destruction of the infringing works C) actual damages D) statutory damages from $200 to $100,000 in place of actual damages E) an order denying the infringer's ability to obtain copyright protection for other works for a fixed statutory period of time into the future
E
Which of the following is true about what can be copyrighted? A) Paintings can be copyrighted, but not photographs. B) Books and newspapers can by copyrighted, but not sermons. C) Guidebooks can be copyrighted, but not maps. D) Books, plays, and ideas can all be copyrighted. E) Photographs, maps, and cartoons can all be copyrighted.
E
Which of the following may not be afforded federal protection and therefore not be trademarked? A) cola B) south C) Just Do It D) good cheese E) All of these are correct.
E
IN NEW YORK TIMES V SULLIVAN the US supreme court held that public officials cannot recover for defamation unless they can prove that the defendant acted with "actual malice"
Actual malice means that the defendant made the false statement knowingly or with reckless disregard of its falsity. This requirement has since been extended to public figure plaintiffs, such as movie stars, sports personalities and other celebrities
A mark that indicates that a person has met the standards set by an organization and is a member of that organization is known as a(n) ________ mark. A) collective membership B) certification C) service D) ownership
A
According to the public use doctrine for patents, ________. A) a patent will not be granted if the invention was already in public use for one year before filing application B) an invention cannot be used in the public domain prior to it being granted a patent C) the inventor has to test his invention in the public domain, to measure its validity, before being granted a patent D) the invention will come into the public domain once its term period has expired
A
If a competitor reverse engineers a trade secret, then the competitor is ________. A) allowed to use the trade secret but not the original trademark B) rightfully allowed co-ownership to the trade secret and its original trade mark C) not allowed to gain commercially from the trade secret D) obliged to inform the original owner of the trade secret
A
John Crichton had applied for a trademark logo at the U.S. Patent and Trademark Office for his new startup company, stating that he would use the logo in commerce within the next six months. But even after six months he had not yet used the logo. Which of the following recourses does trademark law allow John Crichton so that he can retain his logo till he uses it in commerce? A) Apply for a six-month extension for the logo. B) Change the logo slightly, and reapply for the newly altered logo. C) Pay a fine so that the trademark gets registered immediately. D) Cancel the current application and apply for the same logo again.
A
Shirley invented a new product in March 2008. She publicized the invention and shared the product with the public to stimulate demand. She also needed time to finance the obtaining of a patent for the product. In May of 2009, she finally had the ability to patent the product. Can she still obtain a legal patent, and if so, for how long? A) No, because she waited for over one year after the product was used by the public before attempting the patent. B) No, because she publicized her invention. C) Yes, she can obtain a patent for 20 years from the date of the invention. D) Yes, she can obtain a patent for 20 years from the date of the patent application.
A
The following are types of marks that can be registered except: A) performance marks B) certification marks C) service marks D) trademarks E) collective marks
A
What federal statute was enacted by the Congress to protect trade secrets? A) Economic Espionage Act B) Sarbanes-Oxley Act C) Lanham Act D) Telecommunication Act
A
What happens to a copyrighted work after it has finished its copyright period with regards to its ownership? A) The work will enter the public domain to be used for free. B) A non-copyright holder can purchase the rights to the work. C) The copyright can be renewed for a fee by the original creator of the work. D) The government takes over ownership of the work, and provides it to the public domain for a fee.
A
What is the major convention that provides international protection to patents? A) The Berne Convention of 1886. B) The 1997 WIPO Treaty. C) The General Agreement on Tariffs and Trade (GATT). D) The Paris Convention. E) The Digital Millennium Treaty.
A
Which of the following intellectual properties is protected by the Lanham Act? A) trademark B) trade secret C) copyright D) patent
A
Which of the following provisions does the American Inventors Protection Act make? A) It lets the inventor apply for a provisional right application. B) It allows the inventor to ask for an immediate patent on his invention. C) It protects the invention from going public before the patent is issued. D) It does not let non-patent holders to challenge the inventor's patent.
A
Wildboards Company introduces a product called a "Rollerboard" for which it is granted a registered trademark. The Rollerboard is a snowboard with a removable row of wheels along the center of the underside. With the wheels attached, the user can attain extremely high speed in hard-packed snow conditions. In addition, many users have found that they can use their snowboards on streets with the wheels attached. This new use of snowboards becomes very popular and many competing snowboard makers introduce similar products. The sport becomes known generally as rollerboarding and most people refer to all such wheeled snowboards as rollerboards. The consequence of this is that: A) Wildboards cannot stop competitors from using the term "rollerboard" for their products. B) Competitors must pay royalties to Wildboards for using the term "rollerboard." C) Wildboards can no longer use the name Rollerboard on its boards. D) Competitors must put a disclaimer on their boards that they are not the original Rollerboard.
A
Will someone who uses a short section of a copyrighted work in a critical review be subject to copyright infringement? A) No, because of the fair use doctrine. B) No, if he obtained the original copyrighted work through legitimate means. C) Yes, if he did not pay the author for his use of the material. D) Yes, if he did not obtain permission from the author for his use of the material.
A
In the case in the text where a patent holder sought enforcement of its patent for a machine to make waffle-cut French fries, the court ruled which of the following? A) The inventor had stolen a trade secret and used that information in his invention. B) The patent failed to meet the "nonobvious" requirement. C) The patent failed to meet the requirement of being useful. D) The patent was valid. E) The patent had originally been valid, but had expired by the time of the events alleged in the lawsuit.
B
Trademarks are valid for: A) five year renewable terms in perpetuity B) ten year renewable terms in perpetuity C) twenty years D) ninety-five years from the life of the trademark applicant
B
What best describes the public use doctrine relative to patents? A) Patent protection is lost if the patented item becomes used by the public after the patent is granted. B) Patents will not be granted for items that have been used by the public for more than 1 year before the patent application was filed. C) Patent protection will be lost if a member of the public successfully discovers how to build the patented item through reverse engineering. D) Once a patent is granted, it will be lost if the patented item is not made available to the public within 1 year after the patent is granted. E) The public is allowed to engage in limited use of a patented invention without being held liable for damages.
B
When does a patent enter the public domain? A) when the patent has been challenged in court and found to be an infringement B) when the patent term period has expired C) when the government deems that the practical purpose of the invention is universally applicable and cannot be controlled by one individual or group of people D) when the invention is either obvious or not a novel one
B
Which of the following accurately describes the fair use doctrine with reference to copyrighted material? A) It stipulates the time period for which a copyright holder can retain his copyright. B) It permits certain limited use of a copyright by someone other than the copyright holder without the permission of the copyright holder. C) It permits use of copyright material by someone other than the copyright holder at a fixed fee. D) It guides the U.S. Copyright Office in determining what works require copyrights based on the works' validity.
B
Which of the following is not true about patent law after the changes adopted in 1995 relating to the requirements of the General Agreement on Tariffs and Trade? A) The legal life of a patent in the United States was extended to 20 years. B) The requirement of nonobviousness was eliminated. C) The United States continues to follow the first to invent rule rather than the first to file rule followed in most other nations. D) In the U.S., the period of legal protection begins to run upon the filing of the application.
B
Which of the following is suitable for copyrighting? A) buildings B) musical compositions C) business methods D) product logos
B
Which of the following statements is true of patenting a scientific principle? A) Patent for a scientific principle has to be applied for directly at the U.S. Court of Appeals for the Federal Circuit. B) A scientific principle can only be patented if it is a part of the tangible environment. C) Patent for a scientific principle has to be applied for at the U.S. Patent and Trademark Office. D) A scientific principle can only be patented once a universal consensus has been reached on its validity.
B
Which of the following was the most recently recognized as a valid subject matter for a patent? A) machines B) certain types of business plans C) original ideas for community improvement D) processes E) designs
B
________ is a type of trademark dilution where a famous mark is linked to products of inferior quality or is portrayed in an unflattering, immoral, or reprehensible context likely to evoke negative beliefs about the mark's owner. A) Blurring B) Tarnishment C) Trolling D) Astroturfing
B
________ is any trade name, symbol, word, logo, design, or device used to identify and distinguish goods of a manufacturer or seller or services of a provider from those of other manufacturers, sellers, or providers. A) Trade secret B) Trademark C) Patent D) Copyright
B
"Just Do It" is a famous tagline used by the Nike Corporation. Which of the following types of intellectual property would this tagline come under? A) patent B) trade secret C) trademark D) copyright
C
) Under current law, the statutory period for patent protection begins to run at the time that: A) the inventor finalizes the idea for the patent B) a working model for the invention is completed C) the patent application is filed D) the Patent and Trademark Office issues the patent E) the first unit of the patented invention is sold
C
A ________ is a patent that protects the functionality of a patent. A) method patent B) design patent C) utility patent D) process patent
C
A ________ is a product formula, pattern, design, compilation of data, customer list, or other covert business information. A) copyright B) patent C) trade secret D) trademark
C
A ________ is a term for a mark that has become a common term for a product line or type of service and therefore has lost its trademark protection. A) service mark B) orphan work C) generic name D) private brand
C
A company logo would be an example of a ________. A) trade secret B) patent C) trademark D) copyright
C
How do patent laws help an inventor? A) by letting the inventor keep his patents indefinitely B) by helping the inventor meet potential buyers for his patented inventions C) by providing protection for patented inventions from infringement D) by helping the inventor guard his patented invention from the public
C
In a patent infringement case, which of the following could not be obtained in a civil lawsuit? A) Money damages that equal to a reasonable royalty rate on the sale of the infringed item. B) An injunction preventing the infringer from such action in the future. C) Liquidation of the infringer's business. D) An order requiring the destruction of the infringing articles.
C
The fair use doctrine would allow the following types of use of a copyrighted work without the permission of the copyright holder, except: A) quotation in a critical review B) use in a parody C) sales of a single chapter of a book that is the only chapter of interest to most persons in a particular locale D) use by a teacher to illustrate a point in a class
C
What is a patent number? A) a number assigned to a patent during application B) a number assigned to a patent when the patent is pending C) a number assigned to a patent once the patent is granted D) a number assigned to a patent when it comes under investigation
C
What is acquiring secondary meaning in trademark terms? A) when a mark that resembles a mark already registered with the federal PTO is used for a new product or service B) when descriptive words are used that have no direct relevance to a product or service C) when ordinary words establish new meaning due to its attachment to a product or service D) when a distinctive mark or design is created for a new product or service
C
What is the period of copyright protection provided for individuals under the Sonny Bono Copyright Term Extension Act of 1998? A) Individuals are granted 120 years copyright protection from the year of creation of the work. B) Individuals are granted 95 years copyright protection from the year of first publication of the work. C) Individuals are granted copyright protection for their lifetime plus 70 years. D) Individuals are granted 20 years of copyright protection, after which it has to be renewed for a fee.
C
What was the outcome in the case in the text involving the music file swapping service Napster? A) Napster had engaged in copyright infringement through its maintenance of music files for copying by its subscribers. B) Napster had engaged in no copyright infringement because most of the copying was done for personal, rather than commercial use. C) Napster was found to be liable for contributory copyright infringement because it encouraged and assisted in copyright infringement by its users. D) All swapping of music files over the Internet was prohibited following the decision.
C
When can an ordinary word such as "window" be granted trademark protection? A) In any situation if the applicant is the first to apply for trademark protection of that word. B) If the applicant can prove that the use of the word is novel. C) If the word has acquired a secondary meaning. D) If the applicant has used the word in the name of its product for at least 10 years. E) If the word has become a generic term.
C
Which of the following is a provision made under the Berne Convention, the international copyright treaty that the United States is a party to? A) The treaty makes it mandatory to place the copyright symbol on all copyrighted works. B) The treaty sets the rules for how copyright can be dealt with when sharing copyrighted work between governments. C) The treaty eliminates the need to place the copyright symbol or the word "copyright" on a copyrighted work. D) The treaty stipulates the time period a copyright can be retained by the copyright holder before it enters the public domain.
C
Which of the following is correct with regard to a trademark infringement case? A) The plaintiff need prove only that its mark was used in an unauthorized manner. B) The plaintiff must prove actual damages to prevail in the suit. C) The plaintiff must prove that the unauthorized use is likely to cause confusion, mistake or deceive the public about the origin of the goods. D) Treble damages are not available.
C
Which of the following is true about copyright law in the United States? A) A work must be published in order to receive copyright protection. B) State copyright laws supplement the federal copyright laws. C) A copyright is not created by the process of registration. D) A copyright must be registered before public disclosure of the copyrighted material.
C
Which of the following is true about copyrights? A) Copyright protection lasts for 20 years. B) Copyright protection is effective only if the work has been properly registered. C) The Sony Bono Copyright Term Extension Act grants copyright protection for the life of the author plus 70 years. D) In order to obtain a copyright, a work must be novel, useful, and nonobvious. E) A work cannot be copyrighted if there is a likelihood of confusion with another work.
C
Which of the following is true about the Paris Convention of 1883? A) It grants automatic patent protection in all member nations once a patent is granted in one member nation. B) It grants automatic trademark protection in all member nations once a trademark is granted in one member nation. C) It allows an applicant from one member nation to apply for a trademark in another member nation even if the applicant does not own the mark in the applicant's home nation. D) The requirement to mark copyrighted works with a is eliminated. E) Both A and B are true.
C
Which of the following statements is true of the patent period in the United States? A) It follows the first-to-file rule. B) The patent period for an invention is 17 years. C) The patent term begins to run from the date the patent application is filed. D) The patent term begins to run from the date the patent is issued.
C
Which one of the following would constitute a copyright infringement? A) a brief quotation in a news report B) use of copyrighted material in a spoof or satire C) using several clips from a movie in a documentary D) reproduction by a teacher or student of a small part of the work to illustrate a lesson
C
_______ is a legal right that gives the author of qualifying subject matter, and who meets other requirements established by law, the exclusive right to publish, produce, sell, license, and distribute the work. A) Trade secret B) Trademark C) Copyright D) Patent
C
John has invented a device to monitor the tire pressure on bicycle tires. This device consists of a tire pressure sensor on the tire with a radio transmitter and a receiver mounted on the handlebars to give a readout of the pressure. The radio transmitter is similar to existing designs, but one has never been used in this way. The product cannot be produced for less than $120, but John's preliminary marketing studies indicate that the product could not be sold for more than $25. Which of the following is true? A) John cannot get a patent because the transmitter part is not a new invention. B) John cannot get a patent because the inability to produce the product at a cost low enough to sell it means that it does not meet the usefulness requirement. C) John can get a provisional patent that would provide limited protection until he can redesign it so that it can be made for under $25. D) John can obtain protection for his invention even if someone else files a patent application for the same invention so long as John actually invented his first.
D
One of the provisions of the American Inventors Protection Act of 1999 is that: A) the power to regulate invention promoters was transferred to the Department of Justice B) the legal life of a patent was extended to 20 years C) the Patent and Trademark Office must make a decision on a patent application within 5 years after its filing D) inventors are able to file a provisional application granting provisional rights pending the filing of a final application within three months
D
The "one-year 'on sale' doctrine" is also known as: A) the Mickey Mouse doctrine B) the Maxxum doctrine C) the Berne doctrine D) the public use doctrine E) the prior use doctrine
D
Uploading copyrighted material to an unauthorized web site by a non-copyright holder would count as an act of copyright infringement under the ________. A) Digital Millennium Copyright Act B) Berne Convention Act C) Sonny Bono Copyright Term Extension Act D) No Electronic Theft Act
D
What federal legal protection is there with respect to trade secrets? A) Trade secrets are protected under the federal patent laws. B) Trade secrets are protected under the federal copyright laws. C) Trade secrets are protected under the Trade Secret Protection Act of 1952. D) Trade secrets are protected under the Economic Espionage Act of 1996. E) Trade secrets receive no federal statutory protection.
D
What was accomplished by the Visual Artists Rights Act? A) Copyright protection was extended to visual creative works. B) The fair use doctrine was eliminated with respect to visual works of art. C) Copyright protection for visual artwork no longer needed a copyright notice. D) Artists retained certain rights to limit the reproduction and modification of their work even if the work or copyright is sold.
D
What was the finding in the case in the text where the company that makes the "Beanie Babies" line of toy stuffed animals claimed copyright infringement by a competitor? A) The use was within the fair use doctrine because only a couple of the competitor's toys were similar. B) The manufacturer of Beanie Babies had not registered its copyright in a timely manner. C) The competitor had not infringed because it had independently created its toys even though they were similar to the Beanie Babies. D) The competitor had infringed on the copyrights of the Beanie Babies toys. E) The competitor was able to prove that its toys were on the market prior to the similar Beanie Babies toys.
D
What was the outcome in the U.S. Supreme Court case in the text where independent authors sued The New York Times for copyright infringement over the sale of the authors' articles to electronic databases? A) The sale to the electronic databases was allowable because the authors had transferred this right to the newspapers in their original contract for writing the articles. B) The sale of articles through an electronic database is within the fair use doctrine. C) The authors were not entitled to damages because the articles had already become in the public domain through their prior publication in the print media. D) The availability of the articles on electronic databases improperly infringed on the authors' rights to control the distribution of their works.
D
Which of the following is a key function of the U.S. Court of Appeals for the Federal Circuit with regards to patents? A) It hears appeals rejected from state courts regarding patent issues. B) It accepts applications for new patents. C) It helps to enact new patent laws. D) It helps to promote uniformity in patent laws.
D
Which of the following is true about misappropriation of trade secrets? A) A valid patent is required in order to recover. B) A valid trademark is required in order to recover. C) Both a valid trademark and valid patent are required in order to recover. D) Neither a valid trademark nor a valid patent is required in order to recover.
D
Which of the following is true about trademark registration? A) Trademark registration is optional because protection is automatic. B) Once a trademark is registered, protection cannot be lost. C) A trademark must be registered prior to its actual use in commerce. D) The registration of a trademark can be renewed an unlimited number of times.
D
Which of the following provides greater protection of the hardware components of computers? A) the fair use doctrine B) the Computer Software Copyright Act C) the Mask Act D) the Semiconductor Chip Protection Act of 1984
D
Which of the following types of patents is valid only for a period of 14 years? A) utility patent B) process patent C) business method patent D) design patent
D
Which of the following would be considered to be a part of intellectual property? A) buildings B) vehicles C) business contracts D) patents
D