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Chapter 5 Intellectual Property and Internet Law1
Chapter 5 Intellectual Property and Internet Law1
*McQ:
1. Intellectual property is defined as:
a. Article I, Section 1.
b. Article II.
c. Article I, Section 8.
a. a copyright.
b. a patent.
c. a trademark
d. a trade secret.
4. A central objective of the Lanham Trade-Mark Act of 1946 was to:
5. The case of Coca Cola Co. v. The Koke Co. of America involved a
claim of:
b. patent infringement.
d. trademark infringement.
6. The federal law that protects trademarks and related property is
known as:
a. a trade secret.
b. a secondary meaning.
c. trade dress.
d. a strong mark.
10. When you see on a box of low-fat granola that the cereal has the
"Good Housekeeping Seal of Approval," you are looking at:
a. a certification mark.
b. a strong mark.
c. a patent.
d. a licensee.
11. When you enter an "On the Border" Mexican restaurant, you see a
distinctive interior, a distinctive menu, and the wait staff wearing
distinctive attire. This combination of things creates a unique
ambience, known in legal terms as:
a. a trade name.
b. trade dress.
c. a trademark.
d. a trade secret.
12. A patent for a new invention will last for:
a. ten years.
b. fifteen years.
c. twenty years.
d. fifty years.
13. 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 weedeater. Louisa:
14. Now suppose that Jami invents and patents his new weeding
machine, but never sells it. Louisa borrows the machine from Jami,
pulls it apart, copies it, then sells it. Louisa:
a. A novel.
b. A photograph.
c. An idea.
d. A painting.
16. Although courts disagree on this issue, the tendency in court cases
has been NOT to extend copyright protection to which of the following?
a. Computer software.
d. Object code.
17. Ordinarily, you may not reproduce a copyrighted object without
the owner's permission. The exception to this general rule is contained
in:
a. A product name.
a. a generic expression.
b. a secondary mark.
c. a strong mark.
b. trademark infringement.
c. copyright infringement.
a. a cyber mark.
c. an easement.
d. a license.
24. Among other things, the landmark 1998 case of State Street Bank
& Trust Co. v. Signature Financial Group meant that:
25. The case of New York Times Co. v. Tasini involved which copyright
issue?
d. Cybersquatting.
27. The widespread use of the Internet has made the protection of
trade secrets:
a. a cyber mark.
c. an easement.
d. a license.
Answers:
1.b 2.c 3.c 4.a 5.d 6.a 7.b 8.b 9.d 10.a
11.b 12.c 13.b 14.c 15.c 16.b 17.c 18.c
19.b 20.c 21.a 22.b 23.d 24.a 25.a 26.a
27.b 28.d
T/F
A trademark can be a motto.
1.
Correct True
Answer:
The Digital Millennium Copyright Act has raised the level of protection of
2. digitally copyrighted works above that of nondigital copyrighted works.
Correct True
Answer:
A trademark that becomes a common term for the product line retains its
3. protection under the federal trademark law.
Correct False
Answer:
A service mark is used to differentiate the services of the holder from its
4. competitors.
Correct True
Answer:
In a cause of action for willful copyright infringement, the court may not award
5. damages up to one hundred thousand dollars in lieu of actual damages.
Correct False
Answer:
The court has discretionary power to award damages ranging from $200 for
innocent copyright infringement up to $100,000 for willful infringement in lieu of
actual damages.
In addition to the Federal Patent Statute, each state has its own individual
6. patent laws.
Correct False
Answer:
A certification mark is a mark that is used to set apart the services of the holder
7. from the corporation.
Correct False
Answer:
Used to certify the region, materials, mode of manufacture, quality or other
characterizes of goods and services by one person or more other than the
owner.
The Public Use Doctrine is also known as the one-year on sale doctrine.
9.
Correct True
Answer:
The NET act allows performers and producers the exclusive right to broadcast,
10 reproduce, and distribute copies of their performances by any means, including
. video recording, digital sound, or encryption signal.
Correct False
Answer:
Key terms:
certification A mark used by one or more persons, other than the owner, to certify the region,
mark materials, mode of manufacture, quality, or other characteristic of specific goods or
services.
collective A mark used by members of a cooperative, association, union, or other organization to
mark certify the region, materials, mode of manufacture, quality, or other characteristic of
specific goods or services.
copyright The exclusive right of an author or originator of a literary or artistic production to publish,
print, or sell that production for a statutory period of time. A copyright has the same
monopolistic nature as a patent or trademark, but it differs in that it applies exclusively to
works of art, literature, and other works of authorship (including computer programs).
cyber mark A trademark in cyberspace.
cybersquattin The act of registering a domain name that is the same as, or confusingly similar to, the
g trademark of another and then offering to sell that domain name back to the trademark
owner.
distributed A network that can be used by persons located (distributed) around the country or the
network globe to share computer files.
domain name The last part of an Internet address, such as "westlaw.edu." The top level (the part of the
name to the right of the period) indicates the type of entity that operates the site ("edu" is
an abbreviation for "educational"). The second level (the part of the name to the left of the
period) is chosen by the entity.
intellectual
Property resulting from intellectual, creative processes.
property
license In the context of intellectual property law, an agreement permitting the use of a
trademark, copyright, patent, or trade secret for certain limited purposes.
networking The sharing of resources (such as files, hard drives, and processing styles) among
multiple computers without necessarily requiring a central network server.
patent 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.
peer-to-peer The sharing of resources (such as files, hard drives, and processing styles) among
(P2P) multiple computers without necessarily requiring a central network server.
service mark A mark used in the sale or the advertising of services to distinguish the services of one
person from those of others. Titles, character names, and other distinctive features of
radio and television programs may be registered as service marks.
trade dress The image and overall appearance of a product-for example, the distinctive decor, menu,
layout, and style of service of a particular restaurant. Basically, trade dress is subject to
the same protection as trademarks.
trade name A term that is used to indicate part or all of a business's name and that is directly related
to the business's reputation and goodwill. Trade names are protected under the common
law (and under trademark law, if the name is the same as the firm's trademarked
product).
trade secret Information or processes that give a business an advantage over competitors that do not
know the information or processes.
trademark A distinctive mark, motto, device, or emblem that a manufacturer stamps, prints, or
otherwise affixes to the goods it produces so that they may be identified on the market
and their origins made known. Once a trademark is established (under the common law
or through registration), the owner is entitled to its exclusive use.
Essay questions:
1. Why are trademarks and patents protected by the law?
2. What are trade secrets, and what laws offer protection for this form of
intellectual property?
Trade secrets are business processes and information that are not or cannot be
patented, copyrighted, or trademarked. Trade secrets consist of generally
anything that makes an individual company unique and that would have value to
a competitor. The Uniform Trade Secrets Act, the Economic Espionage Act, and
the common law offer trade secrets protection.
2 Maruta teaches Latin American history at a small university. She has a DVR (digital
video recorder) and frequently records television programs relating to Latin America.
She then takes the DVDs to her classroom so that her students can watch them.
Sample Answer: