Business Law Chapter 12

With which of the following does a business website address end?

.com

With which of the following does a government website address end?

.gov

With which of the following does a network website address end?

.net

With which of the following does an organization website address end?

.org

A registrant may lose registration of a domain name for Internet usage by not using it for more than ___________ days.

90

Which of the following is true regarding what may be the subject of a patent?

A product, a process, an invention, or a plant produced by asexual reproduction may be the subject of a patent.

Which of the following is true regarding trade secret protection?

A trade secret is protected from unlawful appropriation by competitors as long as it is kept secret and consists of elements not generally known in the trade.

Which of the following was the result in the Case Opener involving the lawsuit brought by Papa John's International, Inc. against former franchises?

All claims were allowed to proceed except for claims of copyright infringement which were dismissed with leave to replead the claim.

Once a trademark is registered today, when must it be renewed for the first time?

Between the fifth and sixth year.

Which of the following is a mark licensed by a group that has established certain criteria for use of the mark, such as "U.L. Tested" or "Good Housekeeping Seal of Approval"?

Certification mark

Which of the following is a mark identifying the producers as belonging to a larger group, such as a trade union?

Collective mark

Which of the following is false regarding trade secret protection?

Competitors may not discover trade secrets by doing reverse engineering.

_____ protect the expression of creative ideas.

Copyrights

Which of the following is an example of a product developing secondary meaning?

Customers identify a certain color as identifying a company's product.

If a trademark is registered, what may the owner obtain in the event of infringement from a person who used the trademark to pass off goods as being those of the mark owner?

Damages and an injunction prohibiting the infringer from using the mark.

A(n) _______________ mark identifies a significant characteristic of the product but is not the common name of the product.

Descriptive

After the initial renewal, assuming a trademark was initially registered after 1990, how often must the trademark be renewed?

Every ten years.

A service mark is a mark licensed by a group that has established certain criteria for use of the mark such as "U.L. Tested" or "Good Housekeeping Seal of Approval."

False

A teacher cannot be held liable for copyright infringement under the fair-use doctrine so long as copies are only used for educational purposes.

False

Copyrights protect ideas themselves.

False

In which of the following orders of ascending strength may marks fall?

Generic, descriptive, suggestive, arbitrary or fanciful.

Under which of the following is a trademark protected under state common law?

If it is used intrastate.

Which of the following consists of the fruits of one's mind? Which of the following consists of the fruits of one's mind?

Intellectual property

To be protected in ____________ use, a trademark must be registered with the U.S. Patent Office under the Lanham Act of 1947.

Interstate

When trademark infringement is alleged, what is the effect of actual confusion?

It is not a prerequisite for the plaintiff to recover, but it is a strong indication that there is a likelihood of confusion.

Which of the following is a principle of The Paris Convention of 1883?

National treatment

Which of the following is responsible for registering domain names for Internet use?

Network Solutions, Inc.

If a trademark is unregistered, which of the following may the holder recover when an infringer uses the mark to pass off goods as being those of the mark owner?

Only an injunction prohibiting the infringer from using the mark.

Which of the following is a mark affixed to a good, its packaging, or its labeling?

Product trademark

To obtain trademark protection, a descriptive term must have attained ______________.

Secondary meaning

Which of the following is a mark used in conjunction with a service?

Service mark

A(n) ____________ mark is one that requires imagination, thought, and perception to reach a conclusion as to the nature of the goods.

Suggestive

Which of the following is the oldest treaty designed to protect artistic rights?

The Berne Convention of 1886

Which of the following provides that a portion of a copyrighted work may be reproduced for purposes of criticism, comment, news reporting, teaching, scholarships, and research?

The Fair Use Doctrine

Which of the following was developed by the United Nations as an alternative for countries who wanted to participate in some form of multilateral protection of copyrights, but did not want to agree to the terms of the Berne Convention?

The Universal Copyright Convention

Which of the following administers international treaties pertaining to the protection of intellectual property?

The World Intellectual Property Organization

Assuming the subject matter of a proposed patent is patentable, which of the following criteria must be satisfied in order for a non-design patent to be granted?

The object of the patent must be novel, useful, and non-obvious.

Which of the following is one of the basic principles of the Paris Convention of 1883?

The right of priority

Which of the following is true regarding whether the shape of a product or package may be a trademark?

The shape of a product or package may be a trademark if it is nonfunctional.

Sally, a friend of yours who just finished college and was hired at the local high school, wants to copy a number of articles from her class. She heard that you are taking business law and asks if you see any problem with her copying the articles. Based on the case in the text, Princeton University Press v. Michigan Document Services, Inc., what would you tell her?

There are federal Classroom Guidelines on the issue and that you need to know more before you can advise her.

Which of the following is the way people and businesses are located on the web?

Through domain names

A(n) ________ is a distinctive mark, word, design, picture, or arrangement that is used by a producer in conjunction with a product and tends to cause consumers to identify the product with the producer.

Trademark

Which of the following is true of trademark dilution laws?

Trademark dilution laws prohibit the use of "distinctive" or "famous" trademarks, even in the absence of consumer confusion.

A person who applies for a domain name on the Internet will be granted the domain name so long as no one else holds that name.

True

An invention may be considered a trade secret.

True

Copyrights protect the expression of creative ideas.

True

Network Solutions, Inc. is funded by the National Science Foundation and is responsible for registering domain names on the Internet.

True

The laws of intellectual property protect property that is primarily the result of mental creativity rather than physical effort.

True

Trade dress is entitled to the same protection as a trademark.

True

Tying arrangements are illegal.

True

When a patent is issued for an object, it gives its holder the exclusive right to produce, sell, and use the object of the patent for __________ years from the date of application.

Twenty

The protection independent of protection in the country of origin principle of the Berne Convention of 1886:

allows nationals of nonsignatory countries to protect works if they are created in a member country.

A _____ mark identifies the producers as belonging to a larger group, such as a trade union.

collective

The _____ doctrine provides that others may reproduce a portion of a copyrighted work for purposes of "criticism, comment, news reporting, teaching, scholarship, and research."

fair-use

Property that is primarily the result of mental creativity rather than physical effort is often called:

intellectual property.

The _____ principle requires that each member nation protect artists of all signatory nations equally.

national treatment

A distinctive mark affixed to a good, its packaging, or its labeling, with a product for identifying the product with the producer such as the Nike "swoosh" is a:

product trademark.

A patent:

protects a product, process, invention, machine, or plant produced by asexual reproduction.

The main focus of a case of trade-dress infringement is usually on:

the likelihood of consumer confusion.

The term _____ means the overall appearance and image of a product.

trade dress

A _____ is a process, product, method of operation, or compilation of information that gives a businessperson an advantage over his or her competitors.

trade secret

A _____ occurs when the holder issues a license to use the patented object only if the licensee agrees to buy some nonpatented product from the holder.

tying arrangement

One criteria for a work to be copyrightable, is:

when it is original and creative.