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Which of the following statements is true about trademarks?


A) The owner of an unregistered mark may recover damages from an infringer.
B) An injunction prohibiting an infringer from using a trademark is provided only if the mark is registered.
C) A trademark that uses the name of a person cannot be registered with the Patent Office.
D) The Patent Office will not register a trademark that is generic, descriptive, or deceptive.

E) None of the above
F) A) and D)

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What were the provisions of the No Electronic Theft Act of 1997? How did it impact the distribution of copyrighted material for nonprofit use?

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The No Electronic Theft Act of 1997 allo...

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The holder of a(n) ________ has the exclusive right to produce, sell, and use a product, process, invention, or machine for 20 years.


A) trade secret
B) industrial design right
C) patent
D) certification mark

E) C) and D)
F) All of the above

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Which of the following statements is true about the Computer Software Copyright Act?


A) It came into effect in 1976, as a part of the original Copyright Act of 1976.
B) It declared that only the language used to program computer software can be protected with a copyright.
C) Courts have determined that the general framework of computer software can also be protected by copyright.
D) It states that the act of evading anti-piracy technologies included in software, including DVDs and CDs, is a crime.

E) C) and D)
F) None of the above

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Audiophayle is a record store. It specializes in a particular genre of music. It includes a distinctive sound in its advertisement campaigns. It wishes to protect this sound from being copied. Under which of the following intellectual properties should Audiophayle register its distinctive sound?


A) patent
B) copyright
C) trade dress
D) trademark

E) All of the above
F) A) and D)

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A ________ provides the exclusive legal right to reproduce, publish, and sell the fixed form of an expression of an original creative idea.


A) patent
B) licensing right
C) copyright
D) trademark

E) None of the above
F) A) and D)

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SparkLyght is a company that manufactures electric lights. It develops a new type of electric lamp, called FullBryght. One of its competitors releases the same product into the market. SparkLyght files a lawsuit against the competitor. Which of the following statements is true of this scenario?


A) If FullBryght is registered as a trade secret, SparkLyght should prove that the competitor used the trade secret without SparkLyght's permission.
B) If FullBryght is registered as a trade secret, SparkLyght can recover damages even if the competitor discovered the trade secret by lawful means.
C) If a patent has been issued for FullBryght, SparkLyght's competitor is not guilty of infringement if it reverse engineered FullBryght.
D) If a patent has been issued for FullBryght, SparkLyght can form a tying arrangement with its competitor to receive royalties.

E) B) and D)
F) A) and D)

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________ identify the producers as belonging to a larger group.


A) Product trademarks
B) Service marks
C) Collective marks
D) Certification marks

E) B) and D)
F) B) and C)

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Which of the following can be protected using trade-secret law?


A) a short story written on a word processor
B) a logo used to identify a business
C) the product formula used to manufacture a famous soft drink
D) a computer program that calculates compound interest

E) B) and D)
F) A) and C)

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Which of the following acts outlawed any distribution or copying of copyrighted material over the Internet regardless of profits or profit-making intent?


A) Computer Software Copyright Act
B) No Electronic Theft Act of 1997
C) Digital Millennium Copyright Act
D) Copyright Act of 1976

E) A) and B)
F) A) and C)

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Bertha is willing to issue a license for her patented copy machine, but only if the licensee agrees to buy all of the required copy paper from her office supply store during the term of the license. Which of the following statements is true about Bertha's plan?


A) This arrangement must be registered in court.
B) This arrangement constitutes an unlawful tying arrangement.
C) This arrangement constitutes unlawful cross-licensing.
D) This arrangement is legal and valid.

E) B) and C)
F) C) and D)

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Which of the following statements is true about Trade Related Aspects of International Property Rights (TRIPS) ?


A) Its national treatment policy provides greater protection to domestic products.
B) Its most-favored-nation policy extends preferential treatment to some of its member nations.
C) It does not provide copyright protection to rental rights.
D) It protects names that indicate the geographical origin of a product.

E) A) and B)
F) C) and D)

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________ is an illegal use of patents that occurs when a holder issues a license to another individual to use a patented object only if the licensee agrees to buy some nonpatented product from the holder.


A) Cross-licensing
B) Full-line vending
C) Franchising
D) Tying arrangement

E) C) and D)
F) None of the above

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How did the legislature define whether a "copy" was created when addressing copyrighted materials and the Internet?


A) A work was officially copied when it was downloaded into a computer's memory or RAM.
B) A work was officially copied when it was emailed to another person.
C) A work was officially copied when it was viewed on a person's computer screen.
D) A work was officially copied when it was hosted on a file-sharing Web host.

E) B) and D)
F) B) and C)

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BRQ grills produces barbecue grills. One of its grills is a copy of the physical appearance of a grill sold by a rival company. Which of the following infringements has BRQ grills committed?


A) trademark infringement
B) trade-dress infringement
C) copyright infringement
D) service mark infringement

E) C) and D)
F) B) and C)

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What were the consequences of the Federal Trademark Dilution Act of 1995 (FTDA)?

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A number of states passed trademark dilu...

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A patent holder has a guarantee of an exclusive monopoly on the use of an invention for ________.


A) 50 years after the death of the original patent holder
B) 40 years after the death of the patent holder's principal heir
C) 30 years
D) 20 years

E) C) and D)
F) None of the above

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A work must be set out in a tangible medium of expression to be copyrightable.

A) True
B) False

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Peer-to-peer networking is prohibited under the Digital Millennium Copyright Act (DMCA).

A) True
B) False

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Which of the following statements is true of the Digital Millennium Copyright Act (DMCA) ?


A) It forbids the creation or sale of a device that can crack codes to allow one to copy any kind of software.
B) It requires Internet service providers to block distribution of copyrighted material over the Internet.
C) It outlawed any distribution of copying or copyrighted material over the Internet, regardless of profit-making intent.
D) It declared that parts of computer software, such as the language that humans can read, cannot be copyrighted.

E) A) and D)
F) B) and C)

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