Library/Business/Business Law: Text and Cases, Eleventh Edition/Intellectual Property and Internet Law

Intellectual Property and Internet Law

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Questions

Question 1

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?

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Question 2

Which 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?

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Question 3

What is the primary function of a trademark at common law?

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Question 4

Under the Copyright Term Extension Act of 1998, what is the duration of copyright protection for a work created by a single author?

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Question 5

What does the Anticybersquatting Consumer Protection Act (ACPA) of 1999 make illegal?

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Question 6

According 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?

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Question 7

What 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?

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Question 8

What 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?

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Question 9

For a patent to be granted for an invention, what are the primary requirements the item must meet under federal law?

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Question 10

The 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?

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Question 11

In 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?

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Question 12

Which of the following is an example of a fanciful trademark?

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Question 13

What 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?

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Question 14

The Madrid Protocol, signed into law in the U.S. in 2003, is an international treaty designed to facilitate what process?

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Question 15

Which of the following items is NOT eligible for copyright protection under Section 102 of the Copyright Act?

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Question 16

For a descriptive trademark to receive protection under the law, it must acquire a specific quality. What is this quality called?

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Question 17

What is the duration of patent protection for a design, as opposed to an invention?

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Question 18

According 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?

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Question 19

What is the primary purpose of the Economic Espionage Act of 1996?

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Question 20

In 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?

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Question 21

What does the Berne Convention of 1886 require of its signatory countries?

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Question 22

In the context of the Computer Software Copyright Act of 1980, what have courts generally held regarding the 'look and feel' of computer programs?

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Question 23

Under 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?

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Question 24

What is typosquatting?

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Question 25

For a compilation of facts to be copyrightable under Section 103 of the Copyright Act, what is the key requirement?

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Question 26

What is the primary difference between a trade name and a trademark?

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Question 27

In 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?

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Question 28

A certification mark, a type of mark protected by law, is used to do what?

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Question 29

What legal principle allows for the registration of a trademark if the applicant intends to put the mark into commerce within six months?

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Question 30

In 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?

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Question 31

What is the maximum statutory damage award a court can impose for copyright infringement?

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Question 32

Which international agreement for intellectual property protection was part of the documents annexed to the agreement creating the World Trade Organization (WTO) in 1995?

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Question 33

Which of the following is an example of a generic term that receives no trademark protection?

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Question 34

In 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?

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Question 35

What does a copyright protect?

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Question 36

What did the Supreme Court hold in the 1973 case of Miller v. California?

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Question 37

In what year did the Stop Counterfeiting in Manufactured Goods Act (SCMGA) become law?

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Question 38

For how long after a patent application is filed does the patent protection for an invention last?

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Question 39

In 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?

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Question 40

What is the primary function of a peer-to-peer (P2P) network?

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Question 41

What does the federal law known as the Children’s Internet Protection Act (CIPA) of 2000 require?

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Question 42

In 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?

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Question 43

If a patent is willfully infringed, what remedy can a court grant to the patent holder in addition to standard damages?

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Question 44

According 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?

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Question 45

The Federal Trademark Dilution Act was passed in what year?

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Question 46

What is the key difference between a service mark and a trademark?

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Question 47

Under 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?

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Question 48

What is the primary function of the Uniform Electronic Transactions Act (UETA)?

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Question 49

For a copyright on a work owned by a publishing house, how long does the protection last?

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Question 50

What is the core part of an Internet address, such as 'westlaw.com' known as?

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Other chapters

Introduction to Law and Legal ReasoningCourts and Alternative Dispute ResolutionCourt ProceduresConstitutional Authority to Regulate BusinessNegligence and Strict LiabilityCriminal Law and Cyber CrimeNature and TerminologyAgreementConsiderationCapacity and LegalityMistakes, Fraud, and Voluntary ConsentThe Statute of Frauds—Writing RequirementThird Party RightsPerformance and DischargeBreach of Contract and RemediesE-Contracts and E-SignaturesThe Formation of Sales and Lease ContractsTitle, Risk, and Insurable InterestPerformance and Breach of Sales and Lease ContractsWarranties and Product LiabilityThe Function and Creation of Negotiable InstrumentsTransferability and Holder in Due CourseLiability, Defenses, and DischargeChecks and Banking in the Digital AgeCreditors' Rights and RemediesSecured TransactionsBankruptcy LawAgency Formation and DutiesLiability to Third Parties and TerminationEmployment and Labor LawEmployment DiscriminationSole Proprietorships and FranchisesPartnerships and Limited Liability PartnershipsLimited Liability Companies and Special Business FormsCORPORATIONS—Formation and FinancingCORPORATIONS—Directors, Officers, and ShareholdersCORPORATIONS—Merger, Consolidation, and TerminationCORPORATIONS—Securities Law and Corporate GovernanceLaw for Small BusinessesAdministrative LawConsumer LawEnvironmental LawAntitrust LawPersonal Property and BailmentsReal Property and Landlord-Tenant RelationshipsInsuranceWills and TrustsProfessional Liability and AccountabilityInternational Law in a Global Economy