CPST 7800 - MidTerm (Units 1-7)

ABC Corp. (a fictitious software company) has registered a new trademark design and name for new software. How long will the registration remain in force?

10 years

As a general rule, at what age does a person reach the age to enter into a valid contract?

18

As a general rule, the duration of patent protection is ___ years from the date on which the application for the patent was filed in the United States.

20

How many states have enacted reporter's shield laws to protect journalists from compulsory disclosure of confidential information.

35

As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional __ years

70 years

Business disparagement is also called___________.

All of the above

Which group or body approved the Principles of the Law of Software Contracts in 2009?

American Law Institute

Which provision under the U.S. Constitution grants powers to Congress to pass laws dealing with intellectual property?

Article I, Section 8

The Full Faith and Credit Clause is found in which Article of the United States Constitution?

Article IV

Imposing state income tax for nonresidents raises questions under which provision or clause of the United States Constitution?

Commerce Clause

The United States Patent and Trademark Office (USPTO) is a federal agency under which cabinet-level department?

Department of Commerce

The Internal Revenue Service is a federal agency under which cabinet-level department?

Department of the Treasury

T/F A state cannot levy both a state sales tax and a state use tax on the same purchase for online purchases.

False

T/F An author is entitled to royalties for sales of used copies of a book sold on a website.

False

T/F An official government website is considered a traditional public forum under the First Amendment.

False

T/F An online retailer can use the ® symbol once a trademark application has been filed with the USPTO.

False

T/F An online seller who sells products as an Amazon.com affiliate may face state income tax liability but not federal income tax liability.

False

T/F As a general rule, an e-mail exchange to purchase real estate satisfies the requirements of the statute of frauds.

False

T/F Companies should encourage using trade names as a verb to increase the popularity of the brand name.

False

T/F Criminal defamation or criminal libel is a crime in all 50 states and is frequently prosecuted.

False

T/F If a company wants to file a suit for patent infringement, the company can file the case in either state court or federal court.

False

T/F If more than 10 percent of a work protected by copyright is copied verbatim, then a court will find that infringement of the copyright has taken place.

False

T/F If the patent examiner and the administrative patent judge reject the application for a patent, the applicant can then appeal the decision of the patent examiner immediately to the U.S. Court of Appeals for the Federal Circuit.

False

T/F In a copyright infringement action, the plaintiff will usually assert fair use.

False

T/F John, age 16, signs up for a new account on a social networking site and clicks "I agree" to the terms-of-use agreement. The online contract entered into by John is void.

False

T/F One of the challenges for plaintiffs involving tort claims with the Internet is finding the true identity of an anonymous Internet user.

False

T/F Only celebrities can bring a tort action for misappropriation of a person's name or likeness.

False

T/F Personal jurisdiction refers to jurisdiction over the nature of the case and the type of relief sought.

False

T/F Sending a communication via a social networking site such as Facebook or Twitter satisfies the publication requirement in a defamation action.

False

T/F State sales tax is collected by the Internal Revenue Service (IRS).

False

T/F The Anticybersquatting Consumer Protection Act (ACPA) provides for specific provisions to enforce deliberate misspellings of trademarks in domain names.

False

T/F The Sonny Bono Copyright Term Extension Act (CTEA) extended the duration of copyright protection by 20 years for all works copyrighted after January 1, 1923.

False

T/F The U.S. Court of Appeals for the Federal Circuit rejected the application to trademark the name Hotels.com in the case In re Hotels.com, L.P., 573 F.3d 1300 (Fed. Cir. 2009) because the trade name was not used in commerce.

False

T/F The Unlawful Internet Gambling Act of 2006 (UIGEA) has been successful in limiting online gambling by players in the United States.

False

T/F To receive copyright protection in the United States, a work must include the phrase all rights reserved in the copyright notice.

False

T/F Tort law is exclusively governed by federal tort law statutes rather than by state law.

False

T/F Trade secrets are governed exclusively by federal law and not by state law.

False

T/F Treasury regulations adopted by the Internal Revenue Service (IRS) are codified in Title 26 of the United States Code.

False

T/F Under the Trademark Dilution Revision Act of 2006, plaintiffs are required to establish proof of actual dilution.

False

T/F Under the powers of the interstate Commerce Clause, the federal government has complete control and authority over the Internet.

False

The Due Process Clause is found in which amendment or amendments to the U.S. Constitution?

Fifth and Fourteenth Amendments

Parody of a trademark on a website can be a form of protected free speech under which amendment to the U.S. Constitution?

First Amendment

What is the name of the main federal law or act that governs trademarks?

Lanham Act

What is the name of the principal international treaty governing patents, trademarks and unfair competition?

Paris Convention

The oil industry files a defamation action against the President of the United States for allegedly defamatory statements made by the President during the president's official weekly video address transmitted via the White House website. Which defense would the President likely assert?

Privilege

Which rule under the Federal Rules of Civil Procedure governs service of process?

Rule 4

What of the following is NOT an acceptable notice that a mark is registered with the USPTO?

TM

Under which fair use defense factor does a court look at the quality and importance of the copyrighted materials used?

The nature of the copyrighted work

The Internal Revenue Code is codified in which title of the United States Code?

Title 24

Which international agreement or treaty shifted the main forum for rulemaking for copyrights from the World Intellectual Property Organization (WIPO) to the World Trade Organization (WTO)?

Trade Related Aspects of International Property Rights Agreement

T/F A choice of law clause or provision in a contract names a particular state and provides that the substantial laws of that jurisdiction will be used to determine the validity and interpretation of the contract.

True

T/F A choice of law provision in an online contract may have the heading "Applicable Law."

True

T/F A contract is no less a contract simply because it is entered into via a computer.

True

T/F A court is more likely to find that a substantial nexus exists for imposing state sales tax where a brick-and-mortar store in the state is affiliated and interconnected with the online store and allows for customers to return and exchange goods purchased online at the brick-and-mortar store.

True

T/F A court may find that the state s long arm statute can be used to exercise personal jurisdiction over a company that maintains a passive website combined with other business activities.

True

T/F A long arm statute is a federal statute that allows a state court to exercise jurisdiction over a particular defendant.

True

T/F A software company that wants to protect a trade secret should considering using a nondisclosure and confidentiality agreement with current and prospective clients.

True

T/F A trade secret requires that the owner take reasonable precautions to protect the trade secret.

True

T/F A trademark is any word, name, symbol, or device, or any combination thereof used to identify and distinguish one s goods from those manufactured or sold by others and to indicate the source of the goods.

True

T/F A website owner who is the author of an alleged defamatory statement is entitled to immunity under Section 230 of the Communications Decency Act.

True

T/F Advertising alone does not trigger the sufficient nexus for the imposition of state sales tax under the substantial nexus test.

True

T/F An original article posted on a website is considered original work of authorship under the Copyright Act and is entitled to copyright protection.

True

T/F At her birthday party, Jane s favorite uncle promised to give Jane a gift of $1,000 for Jane s new online business venture. Jane s uncle then hit some tough economic times and now refuses to pay. Jane will not prevail in a breach-of-contract action because there is no consideration.

True

T/F Bundled software purchased at Best Buy is governed by Article 2 of the Uniform Commercial Code.

True

T/F California's reporter shield law protecting confidential sources applies not just to journalists for print publications but also online journalists for news-oriented websites that cover events of interest and concern to the public.

True

T/F Clicking "I Accept" when downloading software online satisfies the signature requirement under the E-SIGN Act

True

T/F Copyright notice can help defeat defenses based on innocent infringement in a copyright infringement action.

True

T/F Copyright owners who register the work with the U.S. Copyright Office prior to the infringement can recover statutory damages in lieu of actual damages.

True

T/F Courts have held that a passive or informational website used only for advertising is not sufficient to establish minimum contacts to support exercise of personal jurisdiction over a nonresident defendant.

True

T/F Cyberbullying with repeated threats of physical harm sent via e-mail can support a claim for intentional infliction of emotional distress.

True

T/F Cybersquatting is the act of reserving a domain name on the Internet with intent to profit by selling or licensing the name to the company that has an interest in being identified with it.

True

T/F Evidence of actual consumer confusion can be shown by direct testimony from consumers.

True

T/F For a browsewrap agreement to be enforceable, the agreement must be prominently displayed so that users have actual notice.

True

T/F Gambling winnings are traditionally considered to be taxable income at the federal and state levels.

True

T/F Hypothetical: Cindy is at a park with her 7-year-old daughter. John is also at the park with his 7-year-old daughter, and John takes a photo of his daughter and Cindy s daughter playing together at the park. John uploads the photo to his personal blog. Cindy brings an action for intrusion upon seclusion against John and seeks money damages for emotional distress damages. A court would likely dismiss Cindy s tort action for intrusion upon seclusion.

True

T/F In a common-law fraud case involving a fraudulent online investment scheme, there are heightened pleading requirements for the plaintiff, and the plaintiff needs to state the specific facts alleged.

True

T/F In a trademark infringement action, the plaintiff bears the burden of proving that a likelihood of confusion exists.

True

T/F In copyright infringement cases, "transformative" means adding something new to the work.

True

T/F Internet sellers that are not manufacturers do not need to worry about strict products liability since only manufacturers can be held strictly liable.

True

T/F Libel involves written defamation, and slander involves oral defamation.

True

T/F Most Internet-related torts are intentional torts, while traditional torts predominantly fall under negligence.

True

T/F Obviousness can arise in the context of a patent application or in the context of a patent infringement action.

True

T/F One purpose of an anti-SLAPP law is to limit defamation lawsuits filed with the intent to chill the exercise of First Amendment rights on a matter of public interest.

True

T/F Patent prosecution refers to a criminal action brought by a federal prosecutor for criminal patent infringement.

True

T/F Prior art is considered when determining whether a patent meets the novelty requirement for patentability.

True

T/F Quoting a short excerpt from a book in an online book review is an example of fair use

True

T/F Section 230 of the Communications Decency Act bars plaintiffs from holding ISPs legally responsible for information that third parties create and develop.

True

T/F The Supremacy Clause of the United State Constitution prohibits states from entering into reciprocity agreements for state income taxes.

True

T/F The acronym "EULA" stands for "End-User License Agreement."

True

T/F The growth of the Internet has contributed to a wider tax gap.

True

T/F The main distinction between negligent infliction of emotional distress and intentional infliction of emotional distress is that negligent infliction of emotional distress does not require a showing of outrageous conduct.

True

T/F The purpose of Arpanet was to connect government computers across the country to exchange information during wartime without interruption.

True

T/F The purpose of injurious falsehood or business disparagement is to protect the economic interests of the injured party against pecuniary loss resulting from the publication.

True

T/F Truth is an absolute defense in defamation cases involving online speech.

True

What is the name of the federal court that has appellate jurisdiction over trademark applications with the USPTO?

U.S. Court of Appeals for the Federal Circuit

The Internet can be traced back to a project sponsored by which federal government organization?

U.S. Department of Defense

If the IRS and the Commissioner of Internal Revenue determine that a taxpayer has a tax deficiency, the taxpayer may dispute the deficiency in which court before paying any disputed amount?

U.S. Tax Court

What is the name of the affirmative defense used in a trademark infringement suit when a trademark owner has acted with bad intent?

Unclean hands

What federal law legitimized the ability of parties to form contracts electronically at both the federal and state levels?

Uniform Electronic Transactions Act (UETA)

Which of the following contracts is governed by the statute of frauds?

a contract to purchase a one-fourth interest in a timeshare for real estate

Which of the following is an example of a trade secret?

a customer list on a company s password-protected internal database

Which of the following is NOT an element for the invasion of privacy tort for misappropriation of a person's name or likeness?

a false statement

Which of the following persons most likely would not be considered a public figure in a defamation case?

a high school math teacher

Which of the following could receive copyright protection?

a video game app for a mobile phone

Based on the case Orellana v. Commissioner, which of the following is a possible method used by the Internal Revenue Service to reconstruct a taxpayer s income?

all of the above

Cyberlaw encompasses which of the following sources of law?

all of the above

Which of the following is a possible deduction for an online seller that engages in a business for profit under the Internal Revenue Code?

all of the above

Which of the following is a requirement for patentability?

all of the above

Which of the following is a type of intellectual property?

all of the above

Acme.com (a fictitious company) includes the following language in its online terms of use agreement: "By visiting acme.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Acme.com." This language is an example of what type of clause or provision?

choice of law provision

Which form of online speech receives some limited protection under the First Amendment?

commercial speech

Which defense would a private employer likely assert if an employee files a tort claim for invasion of privacy and the employer has adopted an Internet and computer use policy that states that the employer can monitor an employee's work e-mail?

consent

Which of the following is NOT a remedy in a patent infringement action?

criminal penalties

Which of the following is a benefit of copyright registration?

digital storage site for the owner

Which of the following is NOT a type of patent infringement?

express infringement

Which of the following is another name for personal jurisdiction?

in personam jurisdiction

As a general rule, what is the duration of protection for trade secrets if the information remains valuable and secret?

indefinitely

What type of contractual provision provides that one party will reimburse the other party for liability resulting from the other party's work?

indemnity

Which remedy would be appropriate when a website displays a video, money damages would be insufficient, and the plaintiff would suffer irreparable harm?

injunction

What type of contractual provision is designed to prevent a party from introducing "parol evidence" or extrinsic evidence of negotiations that occurred before the agreement was written and signed?

merger

Hypothetical: A website that sells golf equipment uses the name and photo of golfer Tiger Woods without the permission of Tiger Woods. Which type of invasion of privacy tort has the website committed?

misappropriation of a person's name or likeness

What requirement for a valid contract is satisfied when the parties to a contract have a "meeting of the minds" as to all essential and material terms of the agreement?

mutual assent

What type of jurisdiction involves a court's power to bring a person into its adjudicative process?

personal jurisdiction

What is the most common form of service of process?

personal service

Which of the following is not generally a defense in an online defamation action but may be relevant to the amount of damages awarded by a jury?

privilege

What was the main purpose of the Anticybersquatting Consumer Protection Act of 1999?

prohibit cybersquatting

Which of the following is a challenge for nonpublic figure plaintiffs who sue for defamation against an anonymous Internet user?

proving actual malice

Hypothetical: A tabloid website posts the name, photo, and home address of an alleged rape victim involving an alleged sexual assault involving a famous professional football player. Which invasion of privacy tort is the best possible action for the alleged rape victim?

public disclosure of private facts

Hypothetical: Jane posts on her Facebook status that her ex-boyfriend Duke has a particular sexually transmitted disease. Duke's employer reads Jane's post and then fires Duke. Duke could bring an action against Jane for which type of invasion of privacy tort?

public disclosure of private facts

Hypothetical: Paula goes to a home furnishing retailer's website. On the website, Paula notices that a photo frame sold by the retailer has a portrait of her family that Jane posted on her personal blog. Paula brings a tort action against the home furnishing retailer. What is the best tort action for Paula?

right of publicity

What type of tax is imposed on the sale of goods and services, usually measured as a percentage of the price?

sales tax

Which defense would a website owner likely assert when a third party posts an online comment on the website that is allegedly tortious?

section 230 of the Communications Decency Act

What type of contractual provision keeps the remaining provisions of a contract in force if any portion of that contract is judicially declared void, unenforceable, or unconstitutional?

severability

Which of the following works is NOT covered under the Digital Millennium Copyright Act?

stage play productions

Under the Trademark Dilution Revision Act of 2006 (TDRA), which of the following is NOT a statutory factor to consider when determining whether a mark is famous?

the amount of money spent on advertisements

Which of the following is NOT an element for the tort of intentional infliction of emotional distress?

the plaintiff must have suffered property damage

Why would an online contract include a choice of law provision?

to designate a particular jurisdiction whose law will govern any disputes that may arise between the parties

Which of the following is NOT an aspect of the Internet Tax Freedom Act?

to prevent states from imposing state income tax

T/F For willful, deliberate, and intentional patent infringement, a court may award up to ____ times the amount of damages found.

triple

What type of tax is imposed on the use of certain goods that are bought outside the taxing authority s jurisdiction?

use tax

A cyberpatent or Internet patent is a type of _______ patent granted on an invention that combines business methods and software programs for Internet applications.

utility

Under what circumstances could a plaintiff recover punitive damages for online defamation?

where the defendant has engaged in outrageous conduct that is malicious, wanton, reckless, or in willful disregard of another's rights

Which of the following is NOT generally a factor considered by courts in the likelihood of confusion test?

whether the mark was registered on the principal register with the USPTO

Which of the following is NOT one of the questions in the Miller test for determining whether material is obscene?

whether the work is commercial in nature

Which of the following is NOT a consideration in determining whether an award for punitive damages violates the Due Process Clause?

whether there was a contractual provision between the parties that awarded punitive damages to the prevailing plaintiff