BL Exam 2
Stig creates unique graphic works that feature characters of his own imagination. Copyright protection for Stig's work is
automatic
Outsourcing Inc. registers a domain name that is the same as the trademark of Resourcing LLC and offers to sell the name to the mark's owner. This is
cybersquatting
Web Invest Inc. buys and sells domain names with the click of a mouse. A domain name can be bought and sold many times. Each change of owner is registered automatically as part of a mass registration. In this environment
cybersquatting can flourish
Restaurant Food Inc. intends to sell a certain quantity of beef for $1,100. In e-mail, however, the firm's sales representative mistakenly offers to sell the beef to Steak House for $1,000, Steak's manager immediately accepts. The seller
is bound to the deal at the offered price
Apex Electrical Inc. agrees to allow Apex Foundations LLC to use the owner's trademark "Apex" as part of its company name but not otherwise. The domain name apex.com can be used online by Both businesses but no others Neither business Apex Electrical only
Apex Electrical only
An offer made in undue excitement is an effective offer.
F
File-sharing can be used to download others' stored music files without raising copyright issues.
F
T/F "Fair use" cannot be asserted as a defense to a charge of copyright infringement in a dispute concerning digital sampling.
F
T/F A contract that calls for action contrary to public policy is illegal but not unenforceable.
F
T/F A copyright owner who sells a copy of a work retains the right to control the further distribution of that copy
F
T/F A licensor who allows a licensee to use a trademark as part of the licensee's company name must also permit the licensee to use the mark on its products.
F
T/F A promise to refrain from competing in business with another is considered to be unconscionable.
F
T/F After a patent is issued, there is a nine-month limit before it can be challenged.
F
T/F An agreement subject to the writing requirement must be written on paper.
F
T/F An individual's right to his or her property is absolute.
F
T/F An unusual or fanciful trade name is not protected under trademark law
F
T/F Any contract involving consumer goods must be in writing to be enforceable
F
T/F Any party who gives information to the Federal Trade Commission concerning possible deceptive conduct in a foreign jurisdiction is immune from liability.
F
T/F Because value is variable, mistakes of value affect the enforceability of contracts
F
T/F Cybersquatting is legal when the person offering for sale a domain name that is the same as another's trademark intends to profit from the sale.
F
T/F If a contractor's bid was significantly low because he or she made a mistake in adding up the total estimated costs, any contract resulting from the bid is still normally enforceable.
F
T/F If one party's performance on a contract is substantial, the other party's duty to perform need only comport with the level of the rendered performance.
F
T/F In the context of fraudulent misrepresentation, an opinion is objective and verifiable, whereas a fact is subject to debate.
F
T/F Information that cannot be patented, copyrighted, or trademarked cannot be protected as a trade secret.
F
T/F Once a manufacturer's trademark is established, another manufacturer may use it without permission.
F
T/F One of the requirements of a valid contract is an adequate market for the deal's goods or services.
F
T/F The European Union's copyright rules limit the royalty protection for musicians to ten years.
F
T/F The United States can prosecute foreign counterfeiters under U.S. law.
F
T/F The law does not prohibit the creation or shipment of counterfeit labels unless they are attached to products.
F
T/F The measure of compensatory damages does not vary by type of contract.
F
T/F The registration of a copyright is not evidence that the copyright is valid.
F
T/F To succeed in a suit for trademark infringement, the owner must show that the infringer acted intentionally.
F
T/F Trademark Dilution cannot occur online
F
T/F Under the First Amendment, every U.S. citizen has a right to be forgotten with respect to outdated personal information otherwise searchable online.
F
T/F Under the Madrid Protocol, the fees and procedures for trademark registration vary significantly among individual countries.
F
Tapping into a competitor's computer to obtain confidential business data is not a theft of trade secrets.
F
T/F If a party is already bound by contract to perform a certain duty, that duty can serve as consideration for a second contract.
F If a party is already bound by contract to perform a certain duty, that duty can not serve as consideration for a second contract.
T/F A promise to do something that one has no prior legal duty to do is not legally sufficient consideration.
F a promise to do something that one has no prior legal duty to do IS legally sufficient consideration
T/F Pricing information is not a trade secret
F it is a trade secret
T/F Criminal liability for the piracy of copyrighted materials extends only to persons who exchange unauthorized copies for profit.
F, can be for anyone who bypasses piracy laws
T/F The primary purpose of the Uniform Electronic Transactions Act is to create new rules for electronic contracts.
F, establishes the legal equivalence of electronic records and signature with paper writings
T/F The offeror's intention to become bound by the offer must be subjectively clear.
F, objectively
T/F In most situations, when a breach of contract occurs, the injured party is held to a duty to mitigate or reduce, the damages that he or she suffers.
F, the breacher is the one held responsible
T/F An offer that can be accepted simply by a promise to perform does not create a binding contract.
F,promise is different than a contract
T/F On the breach of a contract for a sale of land when the seller has sold the property to someone else, an award of specific performance is unavailable.
T
T/F Sometimes, when a buyer breaches a contract for a sale of goods and the seller has not yet produced the goods, the seller can recover the lost profits.
T
T/F State law may protect individuals from having to disclose their social media passwords to potential employers
T
T/F The lack of a license in certain occupations bars the enforcement of work-related contracts.
T
T/F Two parties can mutually agree to rescind a contract only to the extent that it has been executed—otherwise, there is nothing to rescind.
T
T/F Two parties can mutually agree to rescind a contract unless it is executory
T
T/F When a contract mistakenly specifies a crane instead of a forklift, a court could reform the contract to reflect the parties' original intent as to the equipment.
T
T/F When a seller breaches a contract for a sale of goods, knowing the buyer plans to resell the goods, the buyer can recover the lost profits from the planned resale.
T
T/F With respect to a patented process, all steps or their equivalent must be copied for infringement to occur.
T
The contracts entered into by a minor are voidable at the option of that minor.
T
Works that are copyrightable include product packaging. Correct answer:
T
An online retailer can track a user's web activities with cookies without violating the person's right to privacy.
T - they must have the person consent to cookies
Misrepresentation of law does not ordinarily entitle a party to avoid a contract.
T, Ordinarily, neither party to a contract has a duty to come forward and disclose facts, and a contract normally will not be set aside because such information has not been volunteered.
Galaxy Research Inc. uses a mark associated with its name to distinguish its services from those of other tech firms. This mark is
a service mark
Wendy works as a weather announcer for a TV station under the character name Weather Wendy. Wendy can register her name as
a service mark
Chris operates the Devil's Brew chain of coffee stands. "Devil's Brew" is
a trade name
Red offers to pay Sari to deliver certain documents within thirty minutes. Sari can accept the offer only by completing the task within the deadline. If she does, Red and Sari will have
a unilateral contract
France and the United States are signatories of the Berne Convention. Alain, a citizen of France, publishes a book first in France and then in the United States. Alain's copyright must be recognized by
all signatories of the Berne Convention
Pastries Inc. sends Rollo its catalogue showcasing a variety of baked goods for certain prices. This is
an ad not an offer
Steel Mill Inc. makes an offer to Teri to enter into a contract to work as an metallurgical engineer for a certain salary for one year subject to a five-year renewal based on his performance. Teri accepts the offer. This is a valid contract because it includes
an offer and an acceptance
Prognosis Inc. owns a brain-computer interface that enables physicians to diagnose and treat some diseases quickly and accurately. Federal copyright protection extends to
the part of the app that can be read by computers
Predictive Data LLC makes and sells software that enables a business to target its advertising precisely. The company could successfully bring an action for copyright infringement against a competitor who copies
the parts of the software that can be read by humans
Pseudo Drugs Inc. is convicted of trafficking in counterfeit prescription drugs. As a penalty, the company may be ordered to pay restitution to the trademark holders in an amount equal to
their lost net profits
Russ registers a domain name—sweetfriedpotatos.com—that is a misspelling of a popular brand—sweetfriedpotatoes.com. This is
typosquatting
Graphix S.A. traffics in labels that bear counterfeit trademarks. This is a crime
under all circumstances
Like most successful companies, Phones Inc. has trade secrets. The law protects those secrets if the information is
unique and has value to a competitor
Mix Restaurant Corporation owns the trademark "Mix." Remix Café Company begins to use the mark without authorization as a domain name. Mix files a suit against Remix on a theory of trademark dilution. This claim requires proof that consumers are likely to be confused mix has registered all variations of the name none of the choices the products involved are similar
none
The idea for "Prices & Profit," an app that businesses can use to control their revenue, profits, and payrolls, is protected by a. copyright law. b. patent law. c. trademark law. d. trade secrets law.
patent law
Salty Snacks Inc. markets a fish-shaped cracker. When Tasty Tidbits Inc. begins to sell a similar product, Salty files a suit against Tasty, alleging infringement and claiming that consumers are likely to be confused. The court will most likely
rule in the plaintiff's favor (person who brings case against the other)
Leigh buys Masters of Business, a copyrighted book. Under the first sale doctrine, Leigh can legally
sell the book to another person
At an auction, Ben bids on a 1957 Chevy coupe, believing that it is worth more than the price asked. When the car proves to need more repairs than Ben estimated, and thus is worth less as is, Ben is
still liable on the bid, auctions are different
Restoration Inc. enters into a contract to refurbish an old bus depot for Quality Diners LLC. If Restoration completes most of the work promised in the contract, its performance will be
substantial
Coffee Beans Inc. offers to buy Brewing Company's roasting services for a certain price. Brewing responds that the price is too low and thereby rejects the offer. The offer is
terminated
Fess convinces Gwyn to enter into a contract for the purchase of a Falafel Waffle Food Cart by knowingly misrepresenting a number of material features about the facility and the business. Most likely, Gwyn can rescind the contract on the basis of
fraudulent misrepresentation
Sea Coast Café uses the trademark of Tacos del Mar without permission. This use of the mark is actionable as trademark infringement
if consumers are confused
Without permission, Race Runners Inc. uses a trademark that is similar to the registered mark of Swiftfoot, Inc. This use of the mark constitutes trademark dilution
if the use diminishes the distinctive quality of the mark
Broadband Inc., an Internet service provider, supplies information to the Federal Trade Commission concerning possible unfair or deceptive ads originating in a foreign jurisdiction. Under federal law, Broadband is
immune from liability
Raj agrees to work as a freight broker for Shipping Inc. In determining whether a contract has been formed, an element of prime importance is the parties'
intent
T/F A descriptive term is protected under trademark law if it acquires a secondary meaning.
T
T/F A patent applicant must demonstrate that an invention is useful to receive a patent.
T
T/F A trade name is used to indicate all or part of a business's name.
T
Obtaining a court order to close down the domain name of a website is an effective tool that U.S. officials use to combat online sales of
Counterfeit goods
Berry Good LLC registers its trademark with the U.S. Patent and Trademark Office, and uses it to market a distinctive line of ice cream products. Crabapple Inc. uses the mark without Berry's consent to sell imitation frozen desserts. Berry has a cause of action against
Crabapple
Don One decides to use his personal name for a line of clothing he is developing. In this circumstance, Don One will receive trademark protection under the law when
Customers begin to associate the name with the source of the product
T/F By supplying procedures for enforcing private agreements, contract law provides an essential condition for the existence of a market economy.
T
T/F Certain business processes are patenable
T
T/F Consideration must provide the basis for the bargain struck between contracting parties
T
Phoenix Inc. is a publisher. Phoenix uses a logo featuring a bird rising from a flame to identify its publications. The publications are printed in a unique process that includes a 3-D printer. Phoenix could most likely obtain trademark protection for its
Logo
To be protected under the Copyright Act, a work must be
Original and fixed in a durable medium
T/F Federal guidelines allow a company to disclose material information about itself through social media as long as investors are notified in advance.
T
T/F In entering personal information to a banking site online, a person may have a reasonable expectation of privacy.
T
Brewed Beans Inc. makes and sells "CoCoCafe," a chocolate-flavored coffee. Darkroast Inc. later markets a similar drink under the name "KoKoKafe." This is most likely
Trademark Infringement
Without authorization, Ben uses the trademark of Cielo Coffee Company to promote cheap, flavorless candy, which is not similar to Cielo's products but diminishes the quality of the coffee company's mark. This is
Trademark dilution
Bette choreographs a dance to accompany City Orchestra's performance of a medley of movie scores. Dian, a dance instructor, distributes copies of a short portion of the choreography to her students. This is most likely legal only on a payment of royalties to Bette Copyright infringement a "fair use/" legal only on a payment of royalties to City Orchestra
a "fair use"
Gilda, marketing manager for Home Stuff LLC, is responsible for branding the company's products. Aspects of branding that can be trademarked include
a catchy phrase, such as "Stuff your home with Home Stuff!"
Analytics LLC processes misinterpreted data furnished by Botch Services to propose a marketing plan for Clientele Inc. Analytics and Clientele are both ignorant of the mistaken data. Their contract can be rescinded on the basis of
bilateral mistake
Works that are copyrightable include
books, records, films, artworks, architectural plans, menus, music videos, product packaging, and computer software all the choices
Organos Ltd. traffics in nutritional supplements that are marketed as genuine, trademark-branded products when in fact they are counterfeit. This is a crime Only if the counterfeits present serious public health risks Only if the counterfeits have negative effects on legitimate businesses Neither Both
both
East Bay Café orders seafood from Fresh Catch Company. Fresh places the goods at East's disposal. Fresh's performance under the contract is
complete
Without the permission of the copyright owner, Faye copies the literary expression of Game of Thrones, changes the names of the main characters, and publishes the result as her own work. This is
copyright infringement
Flash Inc., a maker of athletic shoes, registers and uses "flash" as its domain name. Later, Got Shoes Company begins to use "flast" (an intentional misspelling of "flash") as its domain name. Got Shoes is most likely
diminishing the quality of Flash's mark