WIN: Chapter 8 - STUDY GUIDE

Julie, a teacher, wants to use a small portion of a novel for use in class to discuss the different perspectives of environmentalism. Use of this material likely is allowable under the: A. First Amendment. B. Fair Use Doctrine. C. First Sale Doctrine. D. Educational Practices Doctrine.

B. Fair Use Doctrine.

A patent applicant must demonstrate that the invention, discovery, or design is totally brand new to the market to receive a patent. A. True B. False

B. False

A patent cannot be obtained for software. A. True B. False

B. False

The "Good Housekeeping Seal of Approval" on a product is an example of a: A. license. B. certification mark. C. strong mark. D. patent.

B. certification mark.

Blog magazine buys and publishes an article by Cleo. Later, Blog markets a Web site database that contains a compilation of Blog articles, including Cleo's, without her consent. Blog has committed: A. trademark infringement. B. copyright infringement. C. patent infringement. D. theft of trade secrets.

B. copyright infringement.

The Anti-Counterfeiting Trade Agreement: A. has not yet been ratified as an international treaty. B. is an international treaty to combat global piracy. C. is a U.S. law designed to prosecute foreign companies who violate U.S. copyrights. D. is a U.S. law designed to prosecute foreign companies who violate U.S. patents.

B. is an international treaty to combat global piracy.

If a U.S. citizen writes a book, the U.S. author's copyright in the book must be recognized by all countries that signed the: A. Anti-Counterfeiting Trade Agreement. B. Berne Convention. C. TRIPS agreement. D. Madrid Protocol.

Berne Convention.

In 1936, Margaret Mitchell wrote Gone with the Wind. Mitchell received the National Book Award in 1936 and a Pulitzer Prize for fiction in 1937. Mitchell died in 1949 without writing a sequel. For years, fans wondered what happened to the characters in the original novel but no one could write a sequel without the permission of Mitchell's family. This is because the copyright holder has exclusive rights to create: A. musical works. B. copies. C. derivative works. D. public displays.

C. derivative works.

In 2010, Sara writes Terror at the Track, a novel about racecar driving. Sara does not register the work with the appropriate government office. Under federal copyright law, Sara's work is protected: A. for ten years. B. for twenty years. C. for the life of the author plus seventy years. D. forever.

C. for the life of the author plus seventy years.

Ordinarily, you may not reproduce a copyrighted object without the owner's permission. The exception to this general rule is contained in the: A. "fair copy" doctrine. B. Lanham Act. C. appropriation doctrine. D. "fair use" doctrine.

D. "fair use" doctrine.

Which of the following is not an international agreement concerning intellectual property rights? A. The Madrid Protocol B. Paris Convention of 1883 C. The Berne Convention D. The Lanham Act

D. The Lanham Act

Kari buys a copy of the newest edition of her Business Law textbook. At the end of the semester, she wants to sell it to her roommate. Under Copyright law, Kari: A. can sell the book to her roommate legally because distribution is not one of the rights of copyright law. B. cannot sell the book to her roommate legally because the author holds the exclusive right to distribute the work. C. cannot sell the book to her roommate legally under the Fair Use Doctrine. D. can sell the book to her roommate legally under the First Sale Doctrine.

D. can sell the book to her roommate legally under the First Sale Doctrine.

The structure, sequence and organization of a computer program is protected by copyright, but for the most part, not its: A. source code. B. binary-language object code. C. print outs. D. general appearance on screen.

D. general appearance on screen.

Standard Corporation cannot claim a trademark in the phrase "Quality Is Standard" if the phrase: A. is memorable. B. has a secondary meaning. C. is descriptive. D. is generic.

D. is generic.

George owns Murphy's Grill, a restaurant in a small town in Ohio. Without George's consent, Food Business, Inc., opens a club in New York City called Murphy's and begins to use "murphys" as part of the URL for the club's Web site. Food Business, Inc. has committed: A. copyright infringement. B. patent infringement. C. trademark dilution. D. none of the above.

D. none of the above.

A patent for a new invention will last for: A. fifty years. B. ten years. C. fifteen years. D. twenty years.

D. twenty years.

Delta, Inc., copies Eagle Corporation's patented invention in its entirety. Delta sells it as its own invention to First Products Company, without Eagle's permission. Eagle's patent is infringed by: A. Delta and First. B. Delta only. C. First only. D. neither Delta nor First.

Delta only.

For the willful misappropriation of trade secrets under the Uniform Trade Secrets, a plaintiff only may recover: A. punitive damages. B. court costs. C. attorneys' fees. D. monetary damages. E. all of the above remedies are recoverable.

E. all of the above remedies are recoverable.

A color can never qualify for trademark protection. A. True B. False

False

A list of customers cannot be a trade secret. A. True B. False

False

An arbitrary use of ordinary words may not be trademarked. A. True B. False

False

In the United States, a patent is given to the first person to invent a product or process. A. True B. False

False

Pricing information cannot be a trade secret. A. True B. False

False

The Anti-Counterfeiting Trade Agreement (ACTA) applies only to counterfeit physical goods, such as medications. A. True B. False

False

The Madrid Protocol aims to cut the cost and time required to protect trademarks internationally. A. True B. False

False

The theft of trade secrets is not a crime unless a contract is breached. A. True B. False

False

Under the Anti-Counterfeiting Trade Agreement (ACTA), border officials of member nations must get a warrant from an international governing body before searching commercial shipments of imports and exports. A. True B. False

False

Target Marketing, LLC., a new start-up business, has developed a way to identify quickly those who might be in need of marketing services, but it sees the potential of its method to expand to uses for other businesses. What should Target Marketing do to protect its new business process? A. Get a copyright B. Get a patent C. Get a license D. All of these choices

Get a patent

Joey reproduces Mina's copyrighted work without paying royalties. Joey is most likely exempted from liability for copyright infringement under the "fair use" doctrine if: A. Joey's use is for a commercial purpose. B. Joey copies the entire work. C. Joey distributes the copies freely to the public. D. Joey's use has no effect on the market for Mina's work.

Joey's use has no effect on the market for Mina's work.

Susan is an experienced clothier who has her own dress shop, but wants to expand to shoes and bags. In particular, she wants to sell Christian Louboutin shoes and bags, and advertise that she is selling them, using the Christian Louboutin (CL) trademark. In addition to a contract with CL, what would you advise her to be sure to get so that she can use the CL trademark while she sells his shoes and bags? A. Fair-use grant B. Permit C. License D. Meta tag

License

Kevin has a vast inventory of music downloaded from file-sharing websites for free. He wants to share his inventory on a peer-to-peer network, and believes that as long as he doesn't charge anyone, he is not violating copyright laws. Is he correct? A. No, because digital music is only licensed and not owned. B. Yes, because these files were obtained for personal use. C. Yes, because the files would be available without charge. D. No, because these files were obtained for free, without payment of royalties to the artists.

No, because these files were obtained for free, without payment of royalties to the artists.

Cassandra is starting a new karate dojo. She likes the phrase "Just do it!" that the company Nike uses in its ads and wants to adopt the slogan for her business. Should she do this? Why or why not? A. No, she shouldn't, because this well-known phrase is likely to be recognized as a trademark. B. Yes, she should. It will be a catchy slogan for her new business. C. No, she shouldn't, because the Nike has a patent on that slogan. D. No, she shouldn't, because using that slogan would constitute copyright infringement.

No, she shouldn't, because this well-known phrase is likely to be recognized as a trademark.

EY corporation sues Robert for patent infringement. The court finds that Robert willfully infringed EY's patent and awards remedies. For this case, which of the answers listed is not a possible remedy? A. Prison for Robert B. Injunction C. Royalties D. Treble damages

Prison for Robert

Rita copies Sam's book, Two for the Show, in its entirety and sells it to USA Books, Inc., without Sam's permission. USA publishes it under Rita's name. Sam's copyright is infringed by: A. Rita only. B. USA only. C. Rita and USA. D. none of the above.

Rita and USA.

One form of international protection for intellectual property comes from which treaty? A. The Lugano Convention B. The Geneva Accords C. The TRIPS agreement D. The TRIMS agreement

The TRIPS agreement

To obtain a patent, the applicant must demonstrate to the satisfaction of the U.S. Patent and Trademark Office that the invention, discovery, process, or design is: A. useful. B. not obvious in light of current technology. C. novel. D. all of these choices.

all of these choices.

The most common remedy for trademark infringement is: A. an injunction. B. money damages. C. specific performance. D. restitution.

an injunction.

Under the Anti-Counterfeiting Trade Agreement (ACTA), member nations: A. do not have authority to make requests of online service providers concerning the identity of suspected trademark and copyright infringers without probable cause. B. are not allowed to keep the suspect goods unless the authorities can prove the goods in transit are counterfeit. C. are prohibited from conducting random border searches of electronic devices not based on probable cause. D. are required to establish border measures that allow officials, on their own initiative, to search commercial shipments of imports and exports for counterfeit goods.

are required to establish border measures that allow officials, on their own initiative, to search commercial shipments of imports and exports for counterfeit goods.

Information protected under the law of trade secrets is protected for: A. as long as secrecy is maintained. B. ten years. C. twenty years. D. life of the owner plus seventy years.

as long as secrecy is maintained.

Carol buys Dan's book Expedition!, photocopies more than half of it without his permission, and sells the copies without paying him royalties. This is an example of: A. protected expression. B. copyright infringement. C. fair use. D. licensing.

copyright infringement.

Cathy uses on her new recording "Drive By" the melody of a song written by Earl, without Earl's permission. This is: A. copyright infringement. B. patent infringement. C. trademark infringement. D. none of the above.

copyright infringement.

Donna makes and distributes copies of Every Good Boy Does Fine, a movie copyrighted by Great Films Corporation, without Great Films' permission. Donna may be liable for: A. damages, fines, and/or imprisonment. B. damages only. C. fines or imprisonment only. D. nothing.

damages, fines, and/or imprisonment.

An exception to liability for copyright infringement is made under the doctrine of: A. fair use. B. some use. C. free use. D. granted use.

fair use.

Phil invents "PhutureNow," new Web site design software, and applies for a patent. If Phil is granted a patent, his invention will be protected: A. forever. B. for ten years. C. for twenty years. D. for the life of the inventor plus seventy years.

for twenty years.

Jami invents a new machine that automatically weeds small gardens. He obtains a patent for his invention from the U.S. government. Louisa buys one of Jami's machines, pulls it apart, copies his work, and starts producing and selling her own version of the amazing "Weed Eater." Louisa: A. has violated Jami's trade dress. B. has done nothing wrong--competition is a part of our market economy. C. has infringed on Jami's patent rights. D. has committed a wrongful appropriation.

has infringed on Jami's patent rights.

Unlike copyright protection, protection of trade secrets extends to: A. audiovisual works. B. computer programs. C. ideas and their expression. D. advertising jingles.

ideas and their expression.

Juan develops a new bike lock to prevent theft of bicycles on college campuses. In order to protect his invention, he must file a patent. In order to file that application, he must show that his bike lock is: A. creative, documented, and authentic. B. novel, useful, and not obvious. C. made of a material not previously used in bike locks. D. original, functional, and market tested.

novel, useful, and not obvious.

Standard Factory Machinery, Inc., obtains a patent on a drill press. Total Equipment Company (TEC) copies the design. This patent is infringed: A. regardless of whether TEC copies the press in its entirety or sells it. B. only if TEC copies the press in its entirety. C. only if TEC sells the press in the market. D. only if TEC copies the press in its entirety and sells it.

regardless of whether TEC copies the press in its entirety or sells it.

Copy Products, Inc. uses in its ads a trademark that is similar but not identical to a distinctive mark used by Durable Goods, Inc. Copy's use of the mark is actionable: A. regardless of whether consumers are confused or Copy and Durable are competitors. B. only if consumers are confused. C. only if Copy and Durable are competitors. D. only if consumers are confused and Copy and Durable are competitors.

regardless of whether consumers are confused or Copy and Durable are competitors.

Businesses may protect their trade secrets by: A. making sure the information is trademarked. B. requiring that all employees must sign confidentiality agreements. C. registering them with the U.S. Patent Office. D. applying for a copyright.

requiring that all employees must sign confidentiality agreements.

Joanie sees a news article about two people who fell in love while trapped in an elevator. She decides it would make a wonderful play and starts to write a description of the characters and the circumstances of their confinement. Two weeks later, Johnny publishes a short story about two people who fall in love while trapped in an elevator. Joanie claims that she has copyright protection. Joanie may have copyright protection for: A. Joanie's thought process that helped her come up with the idea. B. the idea of the story. C. the expression of the story as she has written it. D. the facts that led her to the idea of the story.

the expression of the story as she has written it.

Fiona invents a new deep-sea fishing net, which she names "Great Catch." She also writes the operating manual to be included with each net. Fiona could obtain copyright protection for: A. the manual only. B. the name only. C. the net only. D. the manual, the net, and the name.

the manual only.

Jiffy Software, Inc., a U.S. manufacturer, files a suit against Kawa, Ltd., a Japanese software maker, for the infringement of intellectual property rights under Japan's national laws. Under the TRIPS agreement, Jiffy is entitled to receive: A. better treatment than Kawa. B. the same treatment as Kawa. C. worse treatment than Kawa. D. nothing.

the same treatment as Kawa.

Trademarks may be registered with: A. the federal government only. B. the state or federal government. C. the state government only in the state where the trademark owner resides. D. the county government only in the state where the trademark owner resides.

the state or federal government.

If a firm makes, uses, or sells another's patented design, product, or process without the patent owner's permission, the firm commits: A. the crime of patent infringement. B. the tort of license infringement. C. the crime of license infringement. D. the tort of patent infringement.

the tort of patent infringement.

Under the Restatement of Torts, persons who disclose or use another's trade secret, without authorization, are liable to that other party if: A. the information was properly registered with the USPTO. B. they properly discovered the secret as part of their duties. C. their disclosure or use constitutes a breach of a duty owed to the other party. D. inadequate steps were taken by the owner to guard the information.

their disclosure or use constitutes a breach of a duty owed to the other party.

Ernie's 'Good Eatin' Cafe uses a distinctive decor, layout, menu, and style of service. This restaurant's image and overall appearance is: A. trade dress. B. a certification mark. C. a collective mark. D. a service mark.

trade dress

Suppose that when you enter an "On the Border" Mexican restaurant, you see a distinctive interior, a distinctive menu, and a wait staff wearing distinctive attire. This combination of things creates a unique ambience, known in legal terms as a: A. trade secret. B. trade name. C. trade dress. D. trademark.

trade dress.

Peak Corporation hacks into Quality Data Company's computers and downloads confidential business data. There is no contract between Peak and Quality regarding the data. This is: A. patent infringement. B. trademark infringement. C. trade secrets theft. D. none of the above.

trade secrets theft.

After the patent period ends, anyone can make, sell, or use an invention: A. by applying to the federal government for a license to use the invention. B. without paying the patent holder. C. by paying a fee to the patent holder. D. by applying for a new patent on the invention.

without paying the patent holder.

A trade secret is anything that makes an individual company unique and that: A. is known only to companies in the same industry. B. can be copyrighted. C. would have value to a competitor. D. is stored on the company's computers.

would have value to a competitor.

One of the goals of the Anti-Counterfeiting Trade Agreement (ACTA) treaty is to provide a legal framework to combat counterfeiting. A. True B. False

True

The Madrid Protocol concerns trademarks. A. True B. False

True

The TRIPS agreement includes copyright protection for computer programs. A. True B. False

True

Modern Clothing, Inc., and National Denim Corporation use the mark "Made by Members of the U.S. Textile Workers Union" on the tags of their products to indicate the participation of the union in the manufacture. Modern and National are not in business together and do not own this mark. The mark is: A. trade dress. B. a certification mark. C. a collective mark. D. a service mark.

a collective mark.

If a company that makes laundry detergent calls its product Pommo, the name "Pommo" would be considered: A. a strong mark. B. a trade secret. C. a secondary meaning. D. a trade dress.

a strong mark.

Employees could be liable for the misappropriation of trade secrets if they: A. send protected confidential information to a competitor by e-mail. B. walk out with the information on a flash pen drive. C. disclose protected confidential information by misusing a company's social media accounts. D. all of the above actions could constitute misappropriation. E. none of the above actions could constitute misappropriation.

all of the above actions could constitute misappropriation

Canada and the United States are signatories of the Berne Convention. Doug, a citizen of Canada, publishes a book first in Canada and then in the United States. Doug's copyright must be recognized by: A. all of the signatories of the Berne Convention. B. Canada and the United States only. C. Canada only. D. none of the signatories of the Berne Convention.

all of the signatories of the Berne Convention.

Almost anything is patentable, except: A. the laws of nature. B. natural phenomena. C. abstract ideas. D. all of these choices.

all of these choices.

A trade secret might include which of the following? A. The appearance of a clothing store B. A product name C. A distinctive company logo D. A customer list

A customer list

AAA Cola features Best Cola's trademark without its owner's permission. Cartel Company does not make or bottle AAA Cola, but distributes and sells it. Dian buys a bottle of AAA Cola. The mark has been used by: A. AAA. B. Best. C. Dian. D. none of the above.

A. AAA.

Each member country of the TRIPS agreement must include in its domestic laws broad intellectual property rights. A. True B. False

A. True

There are no registration requirements for trade secrets. A. True B. False

A. True

The process behind the production of "Fast Pace," a racecar video game, is protected by: A. trade secrets law. B. copyright law. C. patent law. D. trademark law.

A. trade secrets law.

The international law that prohibits member nations from discriminating against foreign owners of intellectual property rights is the: A. Trade-Related Aspects of Intellectual Property Rights agreement. B. Berne Convention. C. Madrid Protocol. D. Digital Millennium Copyright Act.

Trade-Related Aspects of Intellectual Property Rights agreement.

A formula for a chemical compound can be a trade secret. A. True B. False

True