Intellectual Property and Internet Law
50 questions available
Questions
Under the Stop Counterfeiting in Manufactured Goods Act (SCMGA) of 2006, what is the maximum fine that can be imposed on a person found guilty of counterfeit trafficking?
View answer and explanationWhich of the following acts extended criminal liability for the piracy of copyrighted materials to individuals who exchange unauthorized copies without realizing any profit from the exchange?
View answer and explanationWhat is the primary function of a trademark at common law?
View answer and explanationUnder the Copyright Term Extension Act of 1998, what is the duration of copyright protection for a work created by a single author?
View answer and explanationWhat does the Anticybersquatting Consumer Protection Act (ACPA) of 1999 make illegal?
View answer and explanationAccording to the Digital Millennium Copyright Act (DMCA) of 1998, under what condition is an Internet service provider (ISP) held liable for copyright infringement by its customer?
View answer and explanationWhat type of intellectual property is defined as any information that a business possesses which gives it an advantage over competitors, including formulas, lists, and plans?
View answer and explanationWhat was the landmark U.S. Supreme Court case that expanded the liability of file-sharing companies by holding that one who distributes a device with the object of promoting its use to infringe copyright is liable for the resulting acts of infringement?
View answer and explanationFor a patent to be granted for an invention, what are the primary requirements the item must meet under federal law?
View answer and explanationThe TRIPS agreement, signed in 1994, established international standards for intellectual property protection. What is one of its main principles regarding the treatment of foreign IP owners?
View answer and explanationIn the case of Sony BMG Music Entertainment v. Villarreal, where a user was sued for illegally downloading eight songs, what was the minimum statutory damage amount the court applied per infringed work?
View answer and explanationWhich of the following is an example of a fanciful trademark?
View answer and explanationWhat is the term for the image and overall appearance of a product, which can include its packaging, decor, or menu layout, and is subject to the same protection as trademarks?
View answer and explanationThe Madrid Protocol, signed into law in the U.S. in 2003, is an international treaty designed to facilitate what process?
View answer and explanationWhich of the following items is NOT eligible for copyright protection under Section 102 of the Copyright Act?
View answer and explanationFor a descriptive trademark to receive protection under the law, it must acquire a specific quality. What is this quality called?
View answer and explanationWhat is the duration of patent protection for a design, as opposed to an invention?
View answer and explanationAccording to the 'fair use' doctrine under Section 107 of the Copyright Act, which of the four factors have courts often considered to be the most important in determining if a use is fair?
View answer and explanationWhat is the primary purpose of the Economic Espionage Act of 1996?
View answer and explanationIn the case of Menashe v. V Secret Catalogue, Inc., the court found the mark 'SEXY LITTLE THINGS' to be suggestive rather than descriptive. What was one of the key reasons for this finding?
View answer and explanationWhat does the Berne Convention of 1886 require of its signatory countries?
View answer and explanationIn the context of the Computer Software Copyright Act of 1980, what have courts generally held regarding the 'look and feel' of computer programs?
View answer and explanationUnder the federal law governing patents, an inventor who publishes their invention or offers it for sale must apply for a patent within what time frame to avoid forfeiting their patent rights?
View answer and explanationWhat is typosquatting?
View answer and explanationFor a compilation of facts to be copyrightable under Section 103 of the Copyright Act, what is the key requirement?
View answer and explanationWhat is the primary difference between a trade name and a trademark?
View answer and explanationIn KSR International Co. v. Teleflex Inc., the Supreme Court addressed the test for determining if a patent claim is invalid because it is obvious. What approach did the Court reject?
View answer and explanationA certification mark, a type of mark protected by law, is used to do what?
View answer and explanationWhat legal principle allows for the registration of a trademark if the applicant intends to put the mark into commerce within six months?
View answer and explanationIn the case Fair Housing Council v. Roommate.com, LLC, why was Roommate.com NOT granted immunity under the Communications Decency Act (CDA) for its questionnaires?
View answer and explanationWhat is the maximum statutory damage award a court can impose for copyright infringement?
View answer and explanationWhich international agreement for intellectual property protection was part of the documents annexed to the agreement creating the World Trade Organization (WTO) in 1995?
View answer and explanationWhich of the following is an example of a generic term that receives no trademark protection?
View answer and explanationIn the context of the E-SIGN Act of 2000, which of the following types of documents are explicitly listed as being exempt from the act's provisions?
View answer and explanationWhat does a copyright protect?
View answer and explanationWhat did the Supreme Court hold in the 1973 case of Miller v. California?
View answer and explanationIn what year did the Stop Counterfeiting in Manufactured Goods Act (SCMGA) become law?
View answer and explanationFor how long after a patent application is filed does the patent protection for an invention last?
View answer and explanationIn the case of The Coca-Cola Co. v. The Koke Co. of America, why did the defendants argue that the Coca-Cola trademark was not entitled to legal protection?
View answer and explanationWhat is the primary function of a peer-to-peer (P2P) network?
View answer and explanationWhat does the federal law known as the Children’s Internet Protection Act (CIPA) of 2000 require?
View answer and explanationIn what year did the Supreme Court issue its landmark decision in Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., expanding the liability of file-sharing companies?
View answer and explanationIf a patent is willfully infringed, what remedy can a court grant to the patent holder in addition to standard damages?
View answer and explanationAccording to the Supreme Court's 2006 ruling in eBay, Inc. v. MercExchange, LLC, what must a patent holder prove to obtain a permanent injunction against future infringement?
View answer and explanationThe Federal Trademark Dilution Act was passed in what year?
View answer and explanationWhat is the key difference between a service mark and a trademark?
View answer and explanationUnder the Stop Counterfeiting in Manufactured Goods Act (SCMGA), what must a court order a defendant to do in addition to paying fines or serving a prison sentence?
View answer and explanationWhat is the primary function of the Uniform Electronic Transactions Act (UETA)?
View answer and explanationFor a copyright on a work owned by a publishing house, how long does the protection last?
View answer and explanationWhat is the core part of an Internet address, such as 'westlaw.com' known as?
View answer and explanation