BLAW 7

True or false: The Anti-Counterfeiting Trade Agreement (ACTA) applies only to counterfeit physical goods, such as medications.

false

True or false: The unauthorized use of a "famous" trademark is prohibited only if the unauthorized user competes directly with the owner of the mark.

false

True or 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.

false

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: AAA. Best. Dian. none of the above.

AAA

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: Berne Convention. TRIPS agreement. Madrid Protocol. Anti-Counterfeiting Trade Agreement.

Berne Convention

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: Joey copies the entire work. Joey distributes the copies freely to the public. Joey's use has no effect on the market for Mina's work. Joey's use is for a commercial purpose.

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

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: Rita only. USA only. Rita and USA. none of these choices.

Rita and USA

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 certification mark. a collective mark. a service mark. trade dress.

a collective mark

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

a customer list

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

all of the above remedies are recoverable

Which of the following may not be copyrighted? A novel A photograph An idea A painting

an idea

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

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: ten years. twenty years. life of the owner plus seventy years. as long as secrecy is maintained.

as long as secrecy is maintained

Which of the following is false regarding counterfeit goods? They involve goods that copy or otherwise imitate trademark goods but are not genuine. They have negative financial effects on legitimate businesses. In some cases, they can pose serious health risks (e.g., in the pharmaceutical area). Businesses do not spend significant amounts of money and resources policing for counterfeit goods because the federal government and state governments serve that purpose.

businesses do not spend significant amounts of money and resources policing for counterfeit goods because the federal government and state governments serve that purpose

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: cannot sell the book to her roommate legally because the author holds the exclusive right to distribute the work. cannot sell the book to her roommate legally under the Fair Use Doctrine. can sell the book to her roommate legally under the First Sale Doctrine. can sell the book to her roommate legally because distribution is not one of the rights of copyright law.

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

A mark used by one or more persons, other than the owner, to certify the region, materials, mode of manufacture, quality, or other characteristic of specific goods or services

certification mark

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

certification mark

A mark used by members of a cooperative, association, union, or other organization to certify the region, materials, mode of manufacture, quality, or other characteristic of specific goods or services

collective mark

The exclusive right of an author or originator of a literary or artistic production to publish, print, sell, or otherwise use that production for a statutory period of time

copyright

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: copyright infringement. patent infringement. theft of trade secrets. trademark infringement.

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: damages, fines, and/or imprisonment. damages only. fines or imprisonment only. nothing.

damages, fines, and/or imprisonment

True or false: A collective mark is used to distinguish the services of one person or company from those of another.

false

True or false: A copy must be exactly the same as the original to infringe a copyright.

false

True or false: A list of customers cannot be a trade secret.

false

True or false: A party who unintentionally uses the trademark of another is not liable for trademark infringement.

false

True or false: To establish dilution, an alleged infringer's use of a "famous" mark must actually reduce the value of the mark.

false

True or false: Trademark dilution requires proof that consumers are likely to be confused by the unauthorized use of the mark.

false

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

ideas and their expression

Property resulting from intellectual and creative processes

intellectual property

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

is an international treaty to combat global piracy

In 2014, Mugaba wrote her memoirs, My Life in the Congo. Mugaba did not register a copyright. Under federal copyright law, Mugaba's book: is protected for her life plus seventy years. is protected forever. is not protected at all. is protected for ten years.

is protected for her life plus seventy years

An agreement by the owner of intellectual property to permit another to use a trademark, copyright, patent, or trade secret for certain limited purposes

license

Congress has the authority "to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." When do you think this authority was granted? Within the last 20 years as the age of the Internet emerged. Within the last 40 years due to technological advancements. More than 200 years ago.

more than 200 years ago

Cason thinks of a new concept for a palm-sized computer notebook. He also thinks of a new, faster process for producing the notebooks. Federal copyright law protects: Cason's concept and process. neither Cason's concept nor his process. Cason's concept. Cason's process.

neither Cason's concept nor his process

A government grant that gives an inventor the exclusive right or privilege to make, use, or sell his or her invention for a limited time period is a: patent. license. certification. copyright.

patent

A property right granted by the federal government that gives an inventor an exclusive right to make, use, and sell an invention for a limited time

patent

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? Injunction. Royalties. Treble damages. Prison for Robert.

prison for Robert

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

requiring that all employees must sign confidentiality agreements

A trademark that is used to distinguish the services (rather than the products) of one person or company from those of another

service mark

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

the Lanham Act

Rachel has just finished the business plan for a franchise that she expects to have international appeal. She is concerned about protecting the trade name of the business. Which of the listed answers provides her an avenue for registering a trade name internationally? The Madrid Protocol The Berne Convention The TRIPS Agreement The Anti-Counterfeiting Trade Agreement

the Madrid protocol

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

the TRIPS agreement

When evaluating the chances of obtaining registration from the USPTO for a trademark, what is most important? The trademark's colors. The number of words in the trademark. The distinctiveness of the trademark. The ease with which the trademark can be understood.

the distinctiveness of the trademark

A&O is the software designer of the most popular video game in the country. A&O decides to develop the game into a series and have its best designer, Laz, head the team of programmers working on the next game. Laz quits and goes to work for GameWare, taking some files for the new game with him. Under trade secret laws, A&O has protection for: only the information contained in the files for the new game. only Laz's ideas concerning the design of the game. the information in the files and Laz's ideas for the game design. none of the information in the files.

the information in the files and Laz's ideas for the game design

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: the manual only. the name only. the net only. the manual, the net, and the name.

the manual only

Buster invents a new camp grill that he names Buster's Burger Blaster. He writes specific instructions about how to use it in a manual that comes with every grill. Buster can obtain a trademark for: the manual only. the grill, the name, and the manual. the grill only. the name only.

the name 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: better treatment than Kawa. the same treatment as Kawa. worse treatment than Kawa. nothing.

the same treatment as Kawa

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

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: trade name. trade dress. trademark. trade secret.

trade dress

A distinctive word, symbol, sound, or design that identifies the manufacturer as the source of particular goods and distinguishes its products from those made or sold by others

trademark

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

without paying the patent holder

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

would have value to a competitor

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

"fair use" doctrine

John invents a new type of automobile-tracking system on January 1, but does not file a patent application for it until June 30. Meanwhile, on March 10, Susan invented a very similar system and filed a patent application on March 15. Under the America Invents Act, who holds the valid patent? Susan, because she filed a patent application first. Susan, because she filed a patent application within ten days of inventing the system. John, because he was the first to invent the system. John, because the most recent application is the most valid.

Susan, because she filed a patent application first

Which of the following would likely have the best chance of receiving a patent from the USPTO? A mathematical formula. An invention that is useful for only illegal purposes. Lyrics to a song. A medical device that detects kidney function.

a medical device that detects kidney function

Employees could be liable for the misappropriation of trade secrets if they: send protected confidential information to a competitor by e-mail. walk out with the information on a flash pen drive. disclose protected confidential information by misusing a company's social media accounts. all of the above actions could constitute misappropriation. 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: all of the signatories of the Berne Convention. Canada and the United States only. Canada only. none of the signatories of the Berne Convention.

all of the signatories of the Berne Convention

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

all of these choices

Under Section 102 of the Copyright Act, copyright protection is specifically excluded for any: idea. procedure. process. all of these choices.

all of these choices

Without permission, Sally copies photographs from Isaiah's book, Mount Everest: Top of the World, and uses them in a new book. Sally's book is about photography, not mountains. Sally's use of the photos is: an infringement of Isaiah's copyright only if consumers are confused. protected under the fair use doctrine. an infringement of Isaiah's copyright. protected if Sally and Isaiah are competitors.

an infringement of Isaiah's copyright

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: copyright infringement. fair use. licensing. protected expression.

copyright infringement

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: copies. derivative works. public displays. musical works.

derivative works

Which of the following cannot receive copyright protection? A screenplay. Text on a company website. Lyrics to a song. Design of a new piece of sporting equipment.

design of a new piece of sporting equipment

True or false: A trademark must be registered to support a trademark infringement action.

false

True or false: An applicant cannot register a trademark on the basis of an intention to use the mark in commerce.

false

True or false: An arbitrary use of ordinary words may not be trademarked.

false

True or false: In the United States, a patent is given to the first person to invent a product or process.

false

True or false: Patent infringement occurs only if an invention is copied in its entirety.

false

True or false: Pricing information cannot be a trade secret.

false

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

general appearance on screen

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? Yes, she should. It will be a catchy slogan for her new business. No, she shouldn't, because the Nike has a patent on that slogan. 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.

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

True or false: To prove trademark infringement, the trademark owner must prove that the other party's use of the mark has created a likelihood of confusion about the origin of that party's goods or services.

true

True or false: The theft of trade secrets is not a crime unless a contract is breached.

false

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: novel, useful, and not obvious. made of a material not previously used in bike locks. original, functional, and market tested. creative, documented, and authentic.

novel, useful, and not obvious

When talking about protecting trademarks, what do we care about the most (i.e., what is most important)? Ensuring the federal government has full authority and control involving trademarks. Maintaining creativity and vibrant brands. Preventing against confusion in the marketplace so consumers can associate a particular mark with the proper source of certain goods.

preventing against confusion in the marketplace so consumers can associate a particular mark with the proper source of certain goods

Standard Factory Machinery, Inc., obtains a patent on a drill press. Total Equipment Company (TEC) copies the design. This patent is infringed: only if TEC copies the press in its entirety. only if TEC sells the press in the market. 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.

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

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

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

A name that a business uses to identify itself and its brand. A trade name is directly related to a business's reputation and goodwill, and is protected under trademark law

trade name

A formula, device, idea, process, or other information used in a business that gives the owner a competitive advantage in the marketplace

trade secret

BKS, Inc., has a research and development (R&D) facility in the Arizona desert. Only authorized persons are allowed in the facility and all employees and guests must sign a non-disclosure agreement. BKS likely considers the ideas of the people in their R&D division to be: trade secrets. copyrighted. trademarked. patented.

trade secrets

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

trade secrets law

True or false: A formula for a chemical compound can be a trade secret.

true

True or false: Once the protection period ends for a patent, the product or process that was previously patented enters the public domain, meaning that anyone can make, sell, or use the invention without paying the patent holder.

true

True or false: One of the goals of the Anti-Counterfeiting Trade Agreement (ACTA) treaty is to provide a legal framework to combat counterfeiting.

true

True or false: The Madrid Protocol aims to cut the cost and time required to protect trademarks internationally.

true

True or false: The Madrid Protocol concerns trademarks.

true

True or false: The TRIPS agreement includes copyright protection for computer programs.

true

True or false: There are no registration requirements for trade secrets.

true

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: for ten years. for twenty years. for the life of the author plus seventy years. forever.

for the life of the author plus seventy years

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

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

On the Border Mexican restaurants all have the same terra-cotta and turquoise color scheme, with posters of bullfighters and maps of Mexico on the walls. The restaurants also have identical furniture and menus; the wait staff wear similar types of clothing; and the same music plays in the background. The restaurants have a unique ambience, known in legal terms as their: trade name. trademark. trade secret. trade dress.

trade dress

Alpha Corp. creates a syrup that is flavored with coffee and chocolate and sells it under the name MochaMerge. Beta Co. begins to sell a similar product under the name MokaMerge. This is most likely a matter of: copyright infringement. patent infringement. trade dress infringement. trademark infringement.

trademark infringement

True or false: A person can reproduce copyrighted material for purposes such as teaching, including multiple copies for classroom use, without paying royalties, so long as the activity is noncommercial.

true

Which of the following would likely have the best chance of receiving a federal registration from the USPTO? "Billy's Bicycles" for a bicycle shop. "Boulder Nail Salon" for a nail salon. "Betty's Bags" for a purse/handbag store. "Escalator" for a rock climbing supplies store.

"Escalator" for a rock climbing supplies store

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: Delta and First. Delta only. First only. neither Delta nor First.

Delta only

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: Fair Use Doctrine. First Sale Doctrine. Educational Practices Doctrine. First Amendment.

Fair Use doctrine

Roger McDonald decides to open up a series of liquor stores in his home state. He calls his chain McDonald's and uses a large, blue, curvy M as his logo. McDonald's Corporation, the famous fast food restaurant chain, wants him to stop using the curvy M, as it resembles McDonald's Corporation's famous golden arches. Association with a liquor store would likely harm McDonald's Corporation's reputation. Can McDonald's Corporation stop Roger from using his large, blue, curvy M logo? McDonald's can stop Roger from using the blue M if the similarity between the marks creates an association between them. McDonald's can stop Roger from using the blue M only if there is a substantial likelihood of confusion by consumers. McDonald's cannot stop Roger from using the blue M, because it is not identical to the golden arches. McDonald's cannot stop Roger from using the blue M, because McDonald's cannot trademark an entire letter of the alphabet.

McDonald's can stop Roger from using the blue M if the similarity between the marks creates an association between them

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

Trade-Related Aspects of Intellectual Property Rights agreement

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

for twenty years

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? Get a copyright Get a patent Get a license All of these choices

get a patent

Carissa writes a novel but does not register a copyright for the novel. Carissa e-mails a copy of the novel to her friend, Kevin. Carissa: has a valid copyright on the novel even though she didn't register it. has a valid copyright on the novel after Kevin opens the email. does not have a valid copyright because she did not register it. does not have a valid copyright because novels are not copyrightable.

has a valid copyright on the novel even though she didn't register it

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: has done nothing wrong--competition is a part of our market economy. has infringed on Jami's patent rights. has committed a wrongful appropriation. has violated Jami's trade dress.

has infringed on Jami's patent rights

Amy Mendoza is a local radio personality who goes by the name "Amy in the A.M." on the air. She also uses that label in print ads to help radio listeners distinguish her show from the other morning radio shows in her town. Amy would be most likely to register her name as a: trade name. certification mark. collective mark. service mark.

service mark

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

the tort of patent infringement

The image and overall appearance of a product

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: patent infringement. trademark infringement. trade secrets theft. none of the above.

trade secrets theft

The unauthorized use of a distinctive and famous mark in a way that impairs the mark's distinctiveness or harms its reputation

trademark dilution

True or false: A personal name is protected under trademark law if it acquires a secondary meaning.

true

True or false: Each member country of the TRIPS agreement must include in its domestic laws broad intellectual property rights.

true

True or false: Federal law prohibits the unauthorized commercial use of a trademark.

true

True or false: Trade dress has the same legal protection as trademarks.

true

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

twenty years

Trademark dilution laws protect against the: unauthorized use of a mark by a competitor only. unauthorized use of a mark regardless of whether the user is a competitor. unauthorized use of a patent. authorized use of trade dress, in some cases.

unauthorized use of a mark regardless of whether the user is a competitor

Hot Products owns a patent for a fan motor that it uses in ceiling fans. Allied Electric uses a fan motor that is identical to Hot's in the air conditioners it manufactures. Allied does not have Hot's permission to use the motor. Can Hot win a patent infringement case against Allied? No, unless Hot has sold the motor in the marketplace. Yes, because Allied infringed on Hot's patent. Yes, if Allied and Hot are competitors. No, unless consumers are confused.

yes, because Allied infringed on Hot's patent