1

Interactive Quiz for ALT-12e, Chapter 8

Chapter 8 – Intellectual Property and Internet Law

1.The famous “swoosh” design on the side of Nike sneakers is an example of:

  1. a copyright.
  2. a patent.
  3. a trademark
  4. a trade secret.

Answers:

  1. Incorrect. A copyright is an intangible right in a certain artistic or creative product.
  2. Incorrect. A patent is a property right in a unique invention or design.
  3. Correct. A trademark is a distinctive mark or motto or logo that identifies a product in a market.
  4. Incorrect. A trade secret is closely guarded information, not a prominently featured design.

2.The case of Coca Cola Co. v. The Koke Co. of America involved a claim of:

  1. a Clean Air Act violation.
  2. patent infringement.
  3. copyright infringement of Coca-Cola’s secret formula.
  4. trademark infringement.

Answers:

  1. Incorrect. This case took place long before the Clean Air Act was passed.
  2. Incorrect. This case does not involve a claim of patent infringement.
  3. Incorrect. Although its competitors no doubt try to discover Coca-Cola’s secret formula, this case is not about a copyright infringement based on the formula.
  4. Correct. This case involves a claim of trademark infringement.

3.When you enter an “On the Border” Mexican restaurant, you see a distinctive interior, a distinctive menu, and a wait staff wearing distinctive attire. This combination of things creates a unique ambience, known in legal terms as:

  1. a trade name.
  2. trade dress.
  3. a trademark.
  4. a trade secret.

Answers:

  1. Incorrect. A trade name indicates part or all of a business. The words “On the Border” may be a trade name, but the combination of words and appearance is something different.
  2. Correct. Trade dress consists of the images and overall appearance of a product.
  3. Incorrect. A trademark is a distinctive logo or other mark. The way “On the Border” looks is something other than a trademark.
  4. Incorrect. A trade secret is some information that a business wants to keep private. If “On the Border” wanted to keep its appearance secret, it would not invite customers to come into the restaurant.

4.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:

  1. has done nothing wrong—competition is a part of our market economy.
  2. has infringed on Jami’s patent rights.
  3. has committed a wrongful appropriation.
  4. has violated Jami’s trade dress.

Answers:

  1. Incorrect. Louisa has violated Jami’s patent rights.
  2. Correct. Jami has the exclusive right to his patented product, including the exclusive right to sell it or authorize others to sell it.
  3. Incorrect. An appropriation involves the wrongful taking of another’s likeness or image.
  4. Incorrect. Trade dress involves the unique appearance of a good or service, not a patent.

5.Ordinarily, you may not reproduce a copyrighted object without the owner’s permission. The exception to this general rule is contained in:

  1. the Lanham Act.
  2. the appropriation doctrine.
  3. the fair-use doctrine.
  4. the fair-copy doctrine.

Answers:

  1. Incorrect. The Lanham Act deals with trademark protection.
  2. Incorrect. There is no appropriation doctrine.
  3. Correct. The “fair-use” doctrine allows limited reproductions of copyrighted materials for certain purposes without the owner’s permission.
  4. Incorrect. There is no fair-copy doctrine.

6.A trade secret might include which of the following?

  1. A product name.
  2. A distinctive company logo.
  3. A customer list.
  4. The appearance of a clothing store.

Answers:

  1. Incorrect. A product name is not secret.
  2. Incorrect. A logo is widely displayed and therefore not secret.
  3. Correct. A customer list might be confidential, guarded information.
  4. Incorrect. Appearances are not secret.

7.Although courts disagree on this issue, the tendency in court cases has been NOT to extend copyright protection to which of the following?

  1. Computer software.
  2. The “look and feel” of a computer program.
  3. Computer source code.
  4. Object code.

Answers:

  1. Incorrect. The 1980 Computer Software Copyright Act allows software to be copyrighted.
  2. Correct. Courts often do not extend copyright protection to the “look and feel” of a program.
  3. Incorrect. Source code is copyrightable.
  4. Incorrect. Object code is copyrightable.

8.International protection for intellectual property comes from which treaty?

  1. The Geneva Accords.
  2. The TRIPS agreement.
  3. The TRIMS agreement.
  4. The Lugano Convention.

Answers:

  1. Incorrect. The Geneva Accords deal with the humane treatment of prisoners of war.
  2. Correct. The TRIPS agreement deals with the protection of intellectual property.
  3. Incorrect. The TRIMS agreement deals with foreign investment.
  4. Incorrect. The Lugano Convention does not deal with intellectual property rights.

9.A central objective of the Lanham Trade-Mark Act of 1946 was to:

  1. Reduce the likelihood that consumers will be confused by similar trademarks.
  2. Increase the likelihood that consumers will be confused by similar products, thus preventing brand-name competition in the marketplace.
  3. Ensure that trademarked products are made available to consumers.
  4. Ensure that only generic terms can be used as trademarks.

Answers:

  1. Correct. This was a central objective of the act.
  2. Incorrect. The act was designed to reduce consumer confusion over trademarks.
  3. Incorrect. This was not an objective of the act.
  4. Incorrect. Generic terms receive no protection under trademark law.

10.When you cybersquat, you:

  1. steal someone’s meta tags.
  2. register your own unique name as a domain name.
  3. register someone else’s mark as a domain name and then offer to forfeit the name or a price.
  4. develop a highly prized exercise video that is available for sale only online.

Answers:

a.Incorrect. You are not stealing meta tags but using another’s cyber mark without authorization.

b. Incorrect. Cybersquatting does not involve your unique name, but rather the unauthorized use of someone else's mark or name.

c.Correct.When you cybersquat, you register someone else's mark as a domain name and then offer to forfeit the name for a price.

d.Incorrect. Cybersquatting does not have to do with exercise.