Legal Issues of the Web

An unethical company could use which of the following technologies "invisibly" to attract potential on-line customers away from a competitor

a metatag

A trademark infringement occurs when a party uses a trademark that

causes a "likelihood of confusion" between goods or the relationship between the parties that make the goods.

To qualify for trademark protection form the USPTO, a...

company's mark must not already be in use by someone else.

The patent system is meant to

create an incentive to innovate.

The exclusive right to perform and display publicly a copyrighted work is violated in which of the following circumstances?

displaying copyrighted clip-art on one's personal Web page without the owner's permission.

Network Solutions, Inc. is the registry for

domain names.

The Sonny Bono Copyright Term Protection Act (CETA)

extended the term for most copyrights by twenty years.

Under a "first to invent" patent system

feedback and discourse among inventors is encouraged.

The prerequisite for initiating a legal claim for copyright infringement in the federal court system is

filing for registration in the U.S. Copyright Office.

Cyberlaw

focuses on a combination of state and federal laws arising out of the use of the Internet. Also builds on traditional laws that apply to brick and mortar companies and applies them to the Internet

Internet technology that allows a Web user to view the content of second Web site while still viewing the home page of the first Web site is called

framing

HTML stands for...

hypertext markup language

Http stands for

hypertext transfer protocol

The Internet

is a network of computer networks.

A trade secret

is confidential information owned or developed by a business.

A trademark dilution or blurring occurs when a trademark

is used to cause its identity to diminish over time.

The first sale doctrine...

only applies to written works but does not apply to works that appear on the Web.

The patent requirement that an invention be useful means it must

perform/accomplish/do something useful.

A cache is a...

temporary storage space on the user's hard drive.

Which factor is not a consideration under the "fair use" defense to a copyright infringement suit?

the "first sale" doctrine.

In a trademark case, the "fair use" exception arises when

the reproduction is for the purpose of criticism, commentary, news, teaching or research.

The grant of a patent gives inventors

the right to exclude others from making, using, offering for sale or selling the invention.

In order to have a contributory infringement claim based on the copyright laws.

there must be a direct infringement by another person.

The likelihood of consumer confusion is a necessary element in which of the following type(s) of cases?

trademark infringment

URL stands for

uniform resource locator

A patent is

a grant of a property right to inventors.

Attaching and forwarding a email that has copyrighted text without the consent of the owner is a violation of which statutory protection?

1. The exclusive right to prepare a derivative work from a copyrighted work. 2. The exclusive right to rent, sell, or lease to the public copies of copyrighted works. 3. The exclusive right to reproduce copies of copyrighted works.

What will prevent an invention from receiving a patent?

1. The invention was known or previously used in the United States. 2. The invention was patented or described in a printed publication in the United States or abroad before filing. 3. The invention was obvious.

The criteria for copyright protection of a Web page include

1. fixed form. 2. originality.

The predominant use of the Internet is

1. information gathering and retrieval 2. electronic mail.

The types of patents recognized under U. S. law include...

1. plant patents. 2. design patents. 3. utility patents.

Under the Lanham Act, a descriptive mark will

1. receive protection if the applicant can prove that the mark is inherently distinctive. 2. receive protection if the applicant can prove that the mark has acquired a secondary meaning.

Patent infringement is defined as

1. selling any patented invention. 2. making any patented invention. 3. actively inducing someone to sell or make the patented invention.

The Uniform Dispute Resolution Policy, aim is to resolve domain disputes in all of the following...

1. when both the domain name and the trademark are identical or confusing. 2. when one party has no right in the domain name. 3. when one party has registered the domain name and keeps it in bad faith.

The domain name system was devised in...

1984

The constitutional basis for the protection of patents can be found in;

Article I, Section 8, Clause 8 of the U. S. Constitution.

Which of the following constitutes prima facie (almost irrefutable) evidence that someone has properly sought and received a valid copyright?

The certificate of registration of the material issued by the United States Copyright Office.

The Internet began as an effort by the...

U.S. Department of Defense

Congressional authority for protecting copyrights was first granted by which of the following?

When our forefathers wrote it into the U. S. Constitution in Article I, Section 8.