BUSINESS LAW – CHAPTER 8 (TRUE/FALSE) – Flashcards
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1. The need to protect intellectual property is recognized in the Declaration of Independence.
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False
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2. An applicant cannot register a trademark on the basis of an intention to use the mark in commerce. a. True b. False
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False
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3. A famous trademark may be diluted only by the unauthorized use of an identical mark. a. True b. False
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False
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4. By using another's trademark, a business could lead consumers to believe that its goods were made by the other business. a. True b. False
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True
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5. A trademark must be registered to support a trademark infringement action. a. True b. False
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False
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6. States do not have trademark statutes. a. True b. False
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False
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7. An arbitrary use of ordinary words may not be trademarked. a. True b. False
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False
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8. To succeed in a lawsuit alleging trademark dilution, the plaintiff must prove that consumers are likely to be confused by the unauthorized use of a mark. a. True b. False
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False
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9. Trade names have the same legal protection as trademarks. a. True b. False
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True
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10. Counterfeit goods are in fact sometimes genuine. a. True b. False
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False
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11. A service mark distinguishes products used by those in public service. a. True b. False
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False
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12. A certification mark distinguishes products approved, or "certified," by the government. a. True b. False
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False
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13. A personal name is not protected under trademark law if it acquires a secondary meaning. a. True b. False
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False
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14. A trade name cannot be protected if it is unusual. a. True b. False
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False
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15. A patent applicant must demonstrate that an invention is marketable to receive a patent. a. True b. False
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False
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16. Patent infringement occurs only if all features or parts of a product are copied. a. True b. False
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False
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17. With a few exceptions, almost anything is patentable. a. True b. False
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True
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18. The first person to invent a product obtains the patent rights rather than the first person to file an application for a patent. a. True b. False
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False
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19. A license permits the use of intellectual property for certain limited purposes. a. True b. False
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True
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20. It is not possible to copyright an idea. a. True b. False
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True
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21. An exception to liability for copyright infringement is made under the "fair use" doctrine. a. True b. False
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True
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22. A person can reproduce copyrighted material for purposes such as teaching, including multiple copies for classroom use, without paying royalties. a. True b. False
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True
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23. Copyright protection is automatic—registration is not required. a. True b. False
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True
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24. All aspects of software are protected by copyright law. a. True b. False
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False
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25. A copy must be exactly the same as the original to infringe a copyright. a. True b. False
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False
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26. A person who buys a copyrighted work cannot sell it to someone else. a. True b. False
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False
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27. A marketing technique can be a trade secret. a. True b. False
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True
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28. Theft of confidential data by industrial espionage is a theft of trade secrets. a. True b. False
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True
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29. Production techniques are not trade secrets. a. True b. False
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False
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30. Protection of trade secrets extends both to ideas and to their expression. a. True b. False
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True
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31. The theft of trade secrets is a federal crime. a. True b. False
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True
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32. Anyone who writes a book has automatic international copyright protection—even in nations that are not parties to international agreements relating to intellectual property rights. a. True b. False
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True
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33. Each member country of the TRIPS agreement must include in its domestic laws intellectual property rights. a. True b. False
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True
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34. The TRIPS agreement covers computer programs. a. True b. False
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True
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35. The Anti-Counterfeiting Trade Agreement applies to pirated, copyrighted works being distributed via the Internet. a. True b. False
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True
