Accounting
Anthropology
Archaeology
Art History
Banking
Biology & Life Science
Business
Business Communication
Business Development
Business Ethics
Business Law
Chemistry
Communication
Computer Science
Counseling
Criminal Law
Curriculum & Instruction
Design
Earth Science
Economic
Education
Engineering
Finance
History & Theory
Humanities
Human Resource
International Business
Investments & Securities
Journalism
Law
Management
Marketing
Medicine
Medicine & Health Science
Nursing
Philosophy
Physic
Psychology
Real Estate
Science
Social Science
Sociology
Special Education
Speech
Visual Arts
Management
Q:
Only current government officials are included in the anti-bribery restrictions of the Foreign Corrupt Practice Act.
Q:
The Paris Convention removes all risk for inventors regarding patents.
Q:
The standard for finding violations of the Foreign Corrupt Practices Act has never been amended.
Q:
The right of a buyer for a seller to cure any problems with the goods ends when the performance period is through under UNCISG.
Q:
Countries that follow the common law system include the U.S., Canada, Australia, and most of Latin America.
Q:
The International Court of Justice primarily hears civil and criminal cases.
Q:
Saudi Arabia uses Islamic law for personal conduct and civil law for business transactions. Because of this, it has a religious-based legal system.
Q:
The World Trade Organization (WTO) has certain authority over disputes on trade barriers.
Q:
In a sale between Mark Merchant and Nonmerchant Norm the UNCISG rules for the sale of goods are applicable.
Q:
The Paris Convention sets international standards for the patentability of inventions.
Q:
The Foreign Corrupt Practices Act was created to prevent bribery of foreign officials.
Q:
UNCISG has a writing requirement that is similar to the Statute of Frauds.
Q:
The ICC, LCIA, and AAA all use the same rules to govern their arbitrations.
Q:
The common law legal system allows judges to fill in gaps in the law that are not covered by a statute.
Q:
The United States is bound to follow the judgments of the International Court of Justice.
Q:
Private international law primarily addresses relationships between countries, business entities, and international organizations.
Q:
Mediation and conciliation both involve a ________ process.
Q:
The civil law system relies heavily on ________ to define their laws.
Q:
UNCISG provisions do not apply to transactions where one party is a _______.
Q:
________ international law addresses relations between individual countries and international organizations.
Q:
________ policy is primarily governed by the Paris Convention and the Madrid Protocol.
Q:
Under the concept of ______, foreign nations are exempt from jurisdiction in foreign courts.
Q:
U.N. Commission on International ________ provides arbitration rules for parties who do not wish to spend money on the services of arbitration services but would like a standard procedure.
Q:
Common law jurisdictions adhere to the concept of ________ whereby a court may strike down a piece of legislation if it violates an overriding principle of law.
Q:
The ________ of the International Court of Justice is the main document constituting and regulating the International Court of Justice.
Q:
The idea that nations defer to and give effect to laws and court decisions is referred to as ______.
Q:
If a student goes to the library and plagiarizes text from a book or other publication, they are guilty of indirect infringement.
Q:
Once a patent has been issued by the U.S. Patent and Trademark Office, the patent cannot be challenged or revoked due to the comprehensive investigation performed by the USPTO prior to issuance.
Q:
A telephone book listing citizens' names, addresses and phone numbers may not be copyrighted.
Q:
If an item has been patented, but has not been marked as patented on the item, should infringement occur, the patent holder is generally barred from collecting damages.
Q:
The standard that must be met for a plaintiff to win a trademark infringement claim is likelihood of confusion.
Q:
The visitor's bureau in the county your school is located in has a website with a section titled "Education". In this section, the site has placed hyperlinks to each elementary through high school as well as links to colleges and universities with campuses in the county. If the link to your school's home page was placed on the bureau's site without your school's consent, the travel bureau is guilty of infringement.
Q:
"Frosted Mini Wheats" is a descriptive mark that has acquired a secondary meaning and is afforded protection.
Q:
If a written work has been completed but has not been published or otherwise put into the public domain, fair use can never be used as a defense if the work is copied or used by another.
Q:
Suggestive trademarks only gain trademark protection if they have acquired a secondary meeting.
Q:
Satires and parodies have generally been deemed not to be copyright infringement due to the fair use doctrine.
Q:
Allen calls PepsiCo, the makers of Pepsi Cola saying that he's an employee of Coca-Cola and he has the Coca-Cola secret recipe. The recipe is legendary as a closely guarded secret supposedly known to only a handful of people in the world. They arrange a meeting. Allen begins the meeting by stating that he acquired the recipe legally and the PepsiCo representative says that they believe him and they will buy it. Allen in fact stole the recipe. Since PepsiCo does not know specifically that the recipe was acquired improperly by Allen, they cannot be guilty of misappropriation.
Q:
The rule of omission applies when someone creates something exactly like an item already patented but deletes a feature included in the original product. The new product will not be considered a patent infringement if the deleted feature was a significant element of the original.
Q:
All trade secrets are protectable by either patent or copyright laws.
Q:
When a trademark has become representative of a broad type of products as opposed to being descriptive of a particular brand, the trademark has become ________ and the holder has lost the right to enforce the mark against competitors.
Q:
"Snapple" is an example of a/an ________ trademark.
Q:
Philip has taken a patented device and reproduced it leaving out an insignificant function. He would still be violating the original patent according to the doctrine of ______.
Q:
Illegal acquisition of a company's trade secret constitutes ______.
Q:
When an invention is shown to be new and unique, the invention has met the ________ standard.
Q:
"Computer City" is an example of a ________ trademark.
Q:
An essentially minimal improvement to an existing invention that is not worthy of patent protection is called a ________ improvement and is considered relatively obvious.
Q:
"Coppertone" is an example of a ________ trademark.
Q:
The unlawful use of another's intellectual property is called ______.
Q:
A patent pertaining to an invention is called a ________ patent.
Q:
Why are trademarks worthy of protections as valuable business assets?
Q:
Your school is embarking upon a new advertising campaign and has started using the tag line "The Rolls Royce of Higher Education". Assuming that Rolls Royce is a registered trademark, can your school be liable for trademark infringement or trademark dilution?
Q:
Companies will sometimes make a strategic decision not to patent a particular invention or process. Why might a company sometimes choose not to seek a patent?
Q:
Since a trademark can gain protection by using it in commerce, what would the advantages be to registering the trademark with the U.S. Patent and Trademark Office?
Q:
Why does the Xerox Corporation take out full page ads in national publications stressing that it is improper to use the word Xeroxing when referring to making a photocopy?
Q:
On what grounds might the United States Patent and Trademark Office deny or reject an application for trademark Protection?
Q:
How is it possible for two different parties to have simultaneous rights to use the same trademark?
Q:
Name the factors looked at by the court in the "Polaroid Test" used to determine whether trademark infringement has occurred.
Q:
A professor at your school has discovered that if certain music is played in the background during lectures, the room is lit to a particular level, the temperature is maintained at a particular level and the professor speaks within a particular tonal range, students understand and retain the information presented at an astonishing 84% higher rate than students hearing the same lecture without these conditions. The professor has even created a machine that converts the professor's voice to the tonal range required. The school is advertising that this process will be implemented in all classrooms and freshman applications have more than tripled. Is this process protectable as a trade secret and if so, how effective will the protection be?
Q:
Name the five factors that the courts will use to determine whether certain material constitutes a trade secret.
Q:
Trade secret protections are provided through:
A.state statutes and common law.
B.federal statutes.
C.the U.S. Constitution.
D.the Uniform Trade Secrets Act.
Q:
Which of the following is a service mark?
A.the Adidas three stripes on a pair of sneakers
B.the GEICO gecko in advertisements
C.McDonald's golden arches
D.the Geek Squad at Best Buy
Q:
Professor Patty is very distraught that three students in her class cannot afford to buy the forty two chapter book. The book is used for two semesters although not all students take the second course. She finally tells them that she will make copies of the twenty one chapters to be discussed for them, at no charge. Professor Patty makes the copies and gives them to the students prior to the beginning of each new chapter. If Professor Patty is sued for copyright infringement:
A.she wins because the fair use doctrine permits use of the work for educational purposes.
B.she wins because she is not copying the entire book but only twenty one chapters of it and is not making a profit.
C.she loses because by making and distributing the chapters she is diminishing the value of the book on the national market.
D.she loses because she is copying whole sections and a significant portion of the book.
Q:
Which of the following does not have to be shown for copyright protection to be granted?
A.the work is original
B.the work has a present or potential value
C.the work exhibits some degree of creativity
D.the work is fixed in a durable medium
Q:
The Computer Software Copyright Act defined computer software programs as a:
A.literary process.
B.literary system.
C.literary operation.
D.literary work.
Q:
Cynthia hates writing term papers and reports so when she receives an assignment to write a paper for her law class, she calls her friend Stephanie and agrees to pay Stephanie to write the paper for her. Stephanie, instead of writing the paper, copies a paper from a small remote law journal that publishes faculty written papers from throughout the world on-line. When the plagiarism is discovered, an infringement claim is brought. Cynthia is guilty of:
A.nothing because Stephanie infringed on the author's/publisher's copyright, not her.
B.vicarious infringement.
C.indirect/contributory infringement.
D.nothing because once a work is published on-line, the fair use doctrine permits unlimited use of the work without attribution.
Q:
The Digital Millennium Copyright Act provided each of the following protections except:
A.manufacturers of CD-Writers were required to pay 2% of their sales into a fund to be distributed to copyright holders because the CD-Writers could easily copy music and other copyrighted works.
B.civil and criminal penalties were established for those who sell or manufacture products or services that circumvent antipiracy software.
C.restrictions were placed on analog recorders and camcorders that lack antipiracy features.
D.ISPs were relieved of liability for copyright infringement by their users as long as the ISP had no knowledge of the infringement.
Q:
Martin is an intern working for Tennessee Fried Chicken, an international company with over 1000 franchised restaurants throughout the U.S. and in twenty one other countries. They heavily advertise on television and in various print media that their chicken is superior due to their blend of "forty-two secret herbs and spices". Many have tried to duplicate the recipe unsuccessfully and burglars have even been caught trying to steal it. One day Martin is called into the president's office for an assignment and during the talk the president leaves the room leaving Martin alone. He sees the wall safe is open and looks inside seeing an envelope labeled "THE RECIPE". He opens it and sees that it's the list of the forty-two secret herbs and spices along with quantities and order of use. He quickly makes a copy of the recipe and returns the envelope to the safe. That afternoon he calls Bluto's Fried Chicken, a TFC competitor and informs them of the information he possesses and they arrange a meeting.
A.if Martin sells the recipe to BFP, Martin is guilty of misappropriation but BFP is not guilty of misappropriation
B.if Martin sells the recipe to BFP, Martin is not guilty of misappropriation but BFP is guilty of misappropriation
C.if Martin sells the recipe to BFP, both Martin and BFP are guilty of misappropriation
D.neither Martin not BFP can be guilty of misappropriation because leaving the safe open shows the secret was not guarded as is necessary to qualify for trade secret protections
Q:
A design patent will last for:
A.14 years from the date of the filing of the application with the United States Patent and Trademark Office.
B.14 years from the date of the approval of the application granted by the United States Patent and Trademark Office.
C.20 years from the date of the filing of the application with the United States Patent and Trademark Office.
D.20 years from the date of the approval of the application granted by the United States Patent and Trademark Office.
Q:
Mike has written a novel.
A.the novel is copyrighted automatically after completion
B.the novel does not receive copyright protection unless it is registered with the United States Copyright Office
C.Mike may sue in court to enforce his rights whether the novel is registered or not
D.the novel must be published before it can be eligible for copyright protections
Q:
Which of the following would generally not be patentable?
A.a mathematical formula that allows one to calculate the gross national product
B.a new business method that streamlines and improves production
C.a business process that changes water into wine
D.an engine that runs on water
Q:
Each of the following is considered trade dress except:
A.the white linen table cloths at the Four Seasons Restaurant in New York City.
B.the font and size of print used in a national store's print advertising.
C.the brown uniforms and trucks at UPS.
D.the costume worn by your school's mascot at sporting and other events.
Q:
The three stripes on Adidas clothing represents a:
A.trademark.
B.trade dress.
C.trade secret.
D.patent.
Q:
Mary Beth has written a novel. Copyright protection regarding her work will be for:
A.70 years beginning from the date she began writing the novel.
B.70 years beginning from the date that she completed the novel.
C.70 years beginning from the date the novel is published.
D.70 years after her death.
Q:
The color or shape of an item, if distinctive, is a:
A.trademark.
B.trade dress.
C.copyright.
D.patent.
Q:
Which of the following is not an example of a trademark lost, or in danger of losing protection, due to its becoming a generic term?
A.Kleenex
B.Band-Aid
C.Ford
D.Aspirin
Q:
McDonald has invented a machine that harvests corn in the field, automatically shucks the corn from the husk and peels the kernels from the cob, separating everything for easy disposal or further use. Assuming that all requirements are met for a patent, the length of his patent protection will be:
A.14 years from the completion of the invention.
B.14 years from the filing of the application with the U.S. Patent and Trade Office.
C.20 years from the completion of the invention.
D.20 years from the filing of the application with the U.S. Patent and Trade Office.
Q:
Cybersquatting describes the practice of:
A.registering multiple domain names and then selling them back to companies at inflated prices.
B.hacking into a company's website to install a virus or Trojan horse designed to steal information but allow the site to continue operation.
C.using mechanical devises to access a company's website multiple times to the point that traffic to the site is slowed or blocked.
D.hacking into a company's website to install a virus designed to cause the company's website to totally cease operation.
Q:
The No Electronic Theft Act primarily addressed protection regarding:
A.copyrights.
B.patents.
C.trademarks.
D.trade secrets.
Q:
Which of the following is an example of a suggestive trademark?
A.Fruit of the Loom
B.Victoria's Secret
C.eBay
D.IHOP
Q:
Mike has been hired by a publishing company to write a companion book for a particular text sold to college students. In 2010 Mike completes the companion book and he signs over his copyright to the publisher. The publisher actually publishes the book in 2013. When will the publishers copyright run out and expire?
A.2080
B.2083
C.2105
D.2108