Bus Law 2 - Chapter 12 Intellectual Property and Cyberlaw

The U.S. Patent and Trade Office is an agency of the Department of ______.

(a. Commerce) b. Justice c. Interior d. Treasury

Which of the following marks are generally NOT protected under the Lanham Act?

(a. Descriptive) b. Suggestive c. Arbitrary d. Generic

What type of patent provides protection to the appearance of a product?

(a. Design) b. Utility c. Plant d. Provisional

How long can trade secret protection last?

(a. Forever) b. Five years c. Twenty years d. Thirty years

______ is unauthorized access from a computer.

(a. Hacking) b. Cracking c. Cybersquatting d. Cyberbullying

Remedies for misappropriation of trade secrets can include which of the following?

(a. Injunctive relief to prevent disclosure of the secret) b. Treble damages for bad faith c. Attorney's fees if the misappropriation was negligent d. Punitive damages

Which of the following is NOT a reason that patent lawsuits are difficult?

(a. Lack of patent case law) b. Proving patent infringement c. Acquiring expert witnesses d. Legal counsel time to defend complex issues of infringement

Kamila was recently granted a patent for her new golf club. What document did the Patent Office provide to Kamila?

(a. Patent deed) b. Patent pending c. Provisional application d. Patent offered

If a patent application has been filed, but the patent has not yet been granted, how should the inventor label the product?

(a. Patent pending) b. Patent deed c. Provisional application d. Temporary patent

If an individual believes a protected trademark has been wrongfully used to sell a good or service, that individual would pursue a claim of trademark ______.

(a. infringement) b. theft c. dilution d. copyright

The name "1-Click" that identifies Amazon's ordering process is protected as a ______.

(a. trade secret) b. patent c. trademark d. copyright

Rock Band willfully infringed on the copyrighted work of another songwriter. What penalty should Rock Band expect to pay?

a. $35,000 per act (b. $150,000) c. Unlimited dollar damages d. $500 per act

Damages resulting from cybersquatting can be assessed up to ______.

a. $500 b. $5,000 c. $10,000 (d. $100,000)

The symbol ® indicates which of the following?

a. A trademark pending b. A service mark pending (c. A trademark has been issued) d. A copyright has been issued

The Trademark Dilution Revision Act provides legal remedy for which of the following?

a. Actual dilution b. Intentional dilution (c. Likelihood of dilution) d. Subjective dilution

Under the No Electronic Theft Act, which type of charges are brought against a copyright infringer?

a. Civil (b. Criminal) c. Willful d. Dilution

Hailey believes her new business name, Hailey's Cometz, is original and should be protected intellectual property. Hailey should file for which of the following?

a. Copyright b. Patent c. Service Mark (d. Trademark)

Jed invents a self-walking dog leash, and his neighbor watched through the window as Jed invented this leash. Jed would need to file which of the following to protect his invention from copying?

a. Copyright b. Trademark (c. Patent) d. Service mark

Which of the following would NOT be protected by copyright law?

a. Creative new computer programs b. Creative videos (c. Creative thinking) d. Original, creative poems

Which of the following marks are NOT protected because they are NOT distinctive?

a. Descriptive b. Suggestive c. Arbitrary (d. Generic)

Tony is a gardener who has created a new rose that lives longer, is hardier, and is black when it first blooms, then it turns blue. Tony has decided to apply for which type of patent?

a. Design (b. Plant) c. Utility d. Deed

Unauthorized access of a computer is subject to the ______.

a. Digital Millennium Copyright Act (b. Computer Fraud and Abuse Act) c. Lanham Act d. Anti-Fraud Act

Misappropriation of a trade secret does NOT include which of the following?

a. Disclosing the trade secret without express or implied consent b. Using improper means to acquire knowledge of the trade secret (c. Attempting to copy the trade secret) d. Acquiring the trade secret through another person who has reason to know that the action was improper

A product that is similar in function to a patented product but does not violate the individual elements of a patent is an example of what type of infringement?

a. Doctrine of equivalents b. Law of omission c. Law of exactness (d. Indirect patent infringement)

Which act provides fines and/or imprisonment for trademark infringement?

a. Dodd-Frank Act (b. Lanham Act) c. Sarbanes-Oxley Act d. Antifraud Act

If a person requests a business stop emailing them, the punishment for repeated violations is provided under the ______.

a. Economic Espionage Act b. Digital Millennium Copyright Act (c. CAN-SPAM Act) d. No Electronic Theft Act

Remedies for patent infringement are ______.

a. Equitable b. Legal (c. equitable and legal) d. statutory in nature

Which of the following is true about information protected under the Uniform Trade Secrets Act?

a. It protects customer identification. (b. It derives independent economic value.) c. It protects an advertising rollout. d. It is published by the business.

Stealing a trade secret, including copying or transmitting a trade secret without permission, is punishable under the ______.

a. No Electronic Theft Act b. Lanham Act c. CAN-SPAM Act (d. Economic Espionage Act)

Computer software is protected under cyber law as which form of intellectual property?

a. Patent b. Trademark c. Copyright d. Service mark

Protection for seventy years plus the life of the creator is protection under which of the following?

a. Patent b. Trademark c. Service mark (d. Copyright)

Steve has been granted a design patent to protect his invention. How long is Steve's patent valid?

a. Seven years b. Ten years (c. Fourteen years) d. Twenty years

Microsoft believes that another company, Macrosoft, is lessening the value of its brand with the use of a similar trademark. Under which legal action would Microsoft seek relief?

a. Trademark invasion b. Trademark breach c. Trademark infringement (d. Trademark dilution)

A patent provides the patent holder the legal right to do which of the following?

a. Use words, names, or symbols for identification b. Protect the original work of the holder c. Protect valuable information used in a commercial enterprise (d. Exclude others from making or selling the invention)

A party being sued for patent infringement may use which of the following as a defense?

a. Veiled attempt (b. Statutory bar) c. Illusory infringement d. Infringement per se

Distinctiveness of the holder's mark is needed to establish _______ infringement.

a. copyright b. patent (c. trademark) d. service mark

Money damages for patent violation CANNOT be ______.

a. enforceable by law (b. less than a reasonable royalty) c. based on statutory law d. at the discretion of the court

A trademark is initially protected for ______ years.

a. five b. seven (c. ten) d. twenty

Louie owns a home brewery and has developed a new beverage. His nosy neighbor keeps asking for the recipe. Louie should treat the beverage as a ______.

a. patent b. trademark (c. trade secret) d. copyright

Customer shopping preferences can be encrypted to protect them as an Internet retailer's ______.

a. patent b. trademark (c. trade secret) d. service mark

An application that provides limited rights for a patent for one year is a ______.

a. patent deed b. patent pending (c. provisional application) d. patent offered

If an inventor finds someone using the patented invention, the inventor can file a claim for patent ______.

a. pending b. deception c. breach (d. infringement)

A trademark can be any of the following EXCEPT a _______.

a. slogan b. logo c. symbol (d. person)

If someone registers a domain name similar to a trademarked domain name, that person can be charged with _________.

a. trade secret infringement (b. cyber-squatting) c. copyright infringement d. patent infringement

A formula, pattern, compilation, program, technique, or process held within the company is protected as a ______.

a. trademark . (b. trade secret) c. patent d. copyright

Prohibiting a musician from playing another musician's music without consent is a protection provided by a ______.

a. trademark b. patent (c. copyright) d. trade secret

A patent gives the inventor exclusive rights to the invention forever.

false

A provisional application provides full patent protection for one year.

false

An educational setting cannot use copyrighted software unless permission has been granted.

false

Patent misuse is NOT a valid defense in patent infringement.

false

The Lanham Act describes copyright as any distinctive word, name, or symbol that identifies a good or service.

false

The statutory period for copyright protection ends when an author dies.

false

Toni has written the great American novel. She should seek patent protection.

false (copyright)

A copyright infringer can face criminal charges.

true

A trademark must identify and distinguish the product from similar products.

true

A useful innovative item or process would be protected by a utility patent.

true

After filing an application for a patent, the inventor should label the product "patent pending" until the patent is issued.

true

An injunction is an appropriate remedy for theft of a trade secret.

true

Consumer confusion is the primary concern in trademark infringement cases.

true

Copying and sharing copyrighted material over the Internet without permission is subject to felony prosecution.

true

Direct copyright infringement is considered easy to prove.

true

Hacking is a felony under the Computer Fraud and Abuse Act.

true

If a copyright infringement occurs in a foreign jurisdiction, a lawsuit must be brought in the court of the foreign country.

true

If someone is commissioned to complete work on behalf of the copyright owner, then that person is NOT considered the copyright owner.

true

Inventions and methods are protected by patents.

true

It is possible to patent a process that includes a computer program.

true

Literary, dramatic, musical, artistic, and other intellectual works are protected under copyright law.

true

Making, using, or selling a patented invention if you are not the holder of the patent is infringement.

true

Misappropriation is the term used for obtaining and using a trade secret improperly.

true

Once a trademark has been obtained, the person who holds the trademark is responsible for policing the mark.

true

Once a trademark is registered, the symbol ® can be used

true

Only a registered trademark should use the ® symbol.

true

Only tangible forms of work can be copyrighted.

true

Providing notice of the copyright precludes an infringer from attempting to establish they are an innocent infringer.

true

Substances that appear naturally (such as copper) are NOT patentable.

true

The appearance of a product is protected by a design patent.

true

The symbols TM or SM provide that an application for trademark protection is pending.

true

The two basic requirements of a patent are that the creation is novel and nonobvious.

true