CyberLaw 3910

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

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

Which of the following is an example of a derivative work for a novel available as an e-book?

A poster of the novel cover

Which of the following could receive copyright protection?

A video game app for a mobile phone

Cyberlaw encompasses which of the following sources of law?

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

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

All of the above

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

American Law Institute

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

Article IV

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

Article. I Section 8

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

Criminal Penalties

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

Department of Commerce

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

A patent agent is an attorney admitted to practice before the USPTO and the highest court in a particular state.

False

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

False

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

False

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

False

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

False

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

False

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

False

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

False

The only accepted form of service of process under the Federal Rules of Civil Procedure is hand-delivered personal service of process.

False

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

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

Which of the following is another name for personal jurisdiction?

In Personal Jurisdiction

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

Indefinitely

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

Lanham Act

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

Paris convention

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

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

Prohibit cybersquatting

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

Rule 4

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

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

Which of the following is NOT part of the three-part test to determine whether the exercise of specific jurisdiction over a nonresident defendant is appropriate?

The property at issue is located in the forum state.

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

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

Triple

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

True

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

True

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

True

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

True

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

True

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

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

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

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

True

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

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 Circut

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

U.S Department of Defense

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

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 contracts is governed by the statute of frauds?

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

Something of legal value given in exchange for a promise is called __________.

consideration

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

false

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

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

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

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

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

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

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

false

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

false

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

false

With a browsewrap agreement, a computer user agrees to the terms of an electronically displayed agreement by pointing the cursor to a particular location on the screen and then clicking "I agree."

false

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

indemnity

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

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

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

tm

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

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

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

true

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

true

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

true

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

true

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

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

true

Congress enacted the Trademark Dilution Revision Act of 2006 to clarify the scope of trademark dilution and in part to overturn the holding of the U.S. Supreme Court in Mosley v. V Secret Catalogue, Inc., 537 U.S. 418 (2003).

true

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

true

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

true

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

true

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

true

In copyright infringement cases, transformative means adding something new to the work.

true

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

true

Quoting a short excerpt from a book in an online book review is an example of fair use.

true

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

true

When there are two pending applications for a patent for the same new technology, priority will be given to the company that is the "first to invent" rather than the company that is the "first to file" a patent application.

true

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