Business Its Legal, Ethical, and Global Environment: Chapter 15. All Answers - $8.99   Add to cart

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Business Its Legal, Ethical, and Global Environment: Chapter 15. All Answers

Business Its Legal, Ethical, and Global Environment: Chapter 15 1. All WTO members follow the 20-year period of patent protection. a. b. : : 1 Easy : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Patents : Bloom's: Knowledge 2. Developing a process to extract new matter for other uses from existing matter is patentable. a. b. : : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Patents : Bloom's: Knowledge 3. The only remedy available for patent infringement is damages. a. b. : : 1 Easy : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Patents : Bloom's: Knowledge 4. To receive a permanent injunction a patent plaintiff must satisfy an established three-prong test. a. b. : : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Patents : Bloom's: Knowledge 5. Ideas can be copyrighted. a. b. : : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Copyrights : Bloom's: Comprehension 6. Software copyrights cover operation methods, such as menus. a. b. : : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Copyrights : Bloom's: Comprehension 7. Software copyrights cover the underlying programs of the software. a. b. : : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Copyrights : Bloom's: Comprehension 8. Transmission of an NFL game to Canada by satellite is a violation of United States copyright laws. a. b. : : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Copyrights : Bloom's: Comprehension 9. Distributors of software that facilitate peer-to-peer file sharing cannot be liable for infringement by file sharers. a. b. : : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Copyrights : Bloom's: Comprehension 10. Since it is an educational use, a college professor may reproduce any works for course packs for the students in the professor’s classes. a. b. : : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Copyrights : Bloom's: Application 11. Once a U.S. company has a registered trademark in the United States, it can register that trademark in the 60 other countries who are signatory countries of the Madrid Protocol. a. b. : : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Trademarks : Bloom's: Comprehension 12. Most companies have its employees sign non-disclosure agreements to try to insure silence when the employee no longer works there. a. b. : : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Trade Secrets : Bloom's: Comprehension 13. Forty-nine states have adopted the Uniform Trade Secrets Act. a. b. : : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Trade Secrets : Bloom's: Knowledge 14. The Industrial Espionage Act applies to all company information taken without permission. a. b. : : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Trade Secrets : Bloom's: Knowledge 15. Misappropriation is the conversion of a trade secret. a. b. : : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Enforcing Business Property Rights : Bloom's: Knowledge 16. Patents are a 20-year legal monopoly. a. b. : : 1 Easy : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Patents : Bloom's: Knowledge 17. Design patents extend for a 14-year period. a. b. : : 1 Easy : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Patents : Bloom's: Knowledge 18. There can be infringement of patents, copyrights, trademarks, trade names and trade dress. a. b. : : 1 Easy : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal What Can a Business Own? Intangible Property Rights : Bloom's: Comprehension 19. Fair use is use of a copyrighted item with permission. a. b. : : 1 Easy : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Copyrights : Bloom's: Knowledge 20. The Lanham Act provides protection for trademarks, trade names, and trade dress. a. b. : : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Trademarks : Bloom's: Knowledge 21. Trademark protection lasts for 17 years. a. b. : : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Trademarks : Bloom's: Knowledge 22. The Federal Trademark Dilution Act permits private suit for tarnishment of a trademark. a. b. : : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Trademarks : Bloom's: Knowledge 23. Trade secrets must be registered to enjoy protection. a. b. : : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Trade Secrets : Bloom's: Knowledge 24. Trademark registration in the United States is good only in the United States. a. b. : : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Trademarks : Bloom's: Knowledge 25. WIPO administers trademarks and copyrights internationally. a. b. : : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal International Intellectual Property Issues : Bloom's: Knowledge 26. The United States has opposition proceedings as part of the patent process. a. b. : : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal International Intellectual Property Issues : Bloom's: Knowledge 27. The United States does not have working requirements as part of its patent process. a. b. : : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal International Intellectual Property Issues : Bloom's: Knowledge 28. The Community Trademark is the European Union's one-stop registration system. a. b. : : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal International Intellectual Property Issues : Bloom's: Knowledge 29. Gray market goods are properly trademarked goods that have entered the country without authorization from the manufacturer. a. b. : : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal International Intellectual Property Issues : Bloom's: Knowledge 30. Knock-off goods are the same as gray market goods. a. b. : : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal International Intellectual Property Issues : Bloom's: Knowledge 31. Palming off is a tort in which one company sells its imitation product by leading buyers to believe it is a different product or the "real thing." a. b. : : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Enforcing Business Property Rights : Bloom's: Knowledge 32. The Sonny Bono Copyright Extension Act does not apply to films. a. b. : : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Copyrights : Bloom's: Knowledge 33. The Digital Millennium Copyright Act imposes liability for circumvention of encoded materials that prevent copying. a. b. : : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Copyrights : Bloom's: Knowledge 34. The Digital Millennium Copyright Act imposes liability for the creation of programs that circumvent encoded copyrighted materials. a. b. : : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Copyrights : Bloom's: Knowledge 35. Corporations cannot hold copyrights. a. b. : : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Copyrights : Bloom's: Knowledge 36. Corporations' copyrights last for 50 years from the time of their creation or release, whichever is later. a. b. : : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Copyrights : Bloom's: Knowledge 37. GATT requires patent protection for 50 years. a. b. : : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Patents : Bloom's: Knowledge 38. Copyrights run for the life of the creator plus 50 years. a. b. : : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Copyrights : Bloom's: Knowledge 39. One factor in determining fair use is commercial profit. a. b. : : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Copyrights : Bloom's: Knowledge 40. Trade dress is not entitled to protection unless there is some form of registration under federal law. a. b. : : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Trademarks : Bloom's: Knowledge 41. Opposition proceedings are part of the patent process outside the U.S. a. b. : : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal International Intellectual Property Issues : Bloom's: Knowledge 42. Working requirements mandate use and development of the patented product or the rights are lost. a. b. : : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal International Intellectual Property Issues : Bloom's: Knowledge 43. Slander of title is the same tort as palming off. a. b. : : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Enforcing Business Property Rights : Bloom's: Knowledge 44. The Digital Millennium Copyright Act exempts digital technology from copyright protections. a. b. : : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Copyrights : Bloom's: Knowledge 45. The United States is a working requirement patent jurisdiction. a. b. : : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal International Intellectual Property Issues : Bloom's: Knowledge 46. The failure to prevent generic use of tradenames and trademarks can result in a loss of protection. a. b. : : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Trademarks : Bloom's: Knowledge 47. _____ is a tort that protects a business whose trade secrets are taken without authorization. a. Palming off b. Misappropriation c. Embezzlement d. Larceny : b : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Enforcing Business Property Rights : Bloom's: Knowledge 48. Under the Industrial Espionage Act, which of the following potential penalties is correct? a. A corporate fine of up to $1,000,000 b. A fine of up to $1,000,000 for an individual c. Imprisonment of up to 25 years for an individual d. A fine of up to $500,000 for an individual : d : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Trade Secrets : Bloom's: Knowledge 49. When the UTSA does not apply, recovery for taking a trade secret: a. does not exist. b. may exist for breach of loyalty. c. may exist for breach of due care. d. may exist for breach of accounting. : b : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Trade Secrets : Bloom's: Comprehension 50. How many states have adopted the Uniform Trade Secrets Act? a. 50 b. 17 c. 28 d. 45 : d : 1 Easy : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Trade Secrets : Bloom's: Knowledge 51. Palming off: a. is what occurs with gray market goods. b. is a tort that has no remedy. c. occurs when one seller recreates another seller's product. d. can occur only with copyrighted properties. : c : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Enforcing Business Property Rights : Bloom's: Application 52. Knockoff goods are: a. goods carrying a trademark without authorization. b. goods manufactured in excess of the permission granted by the trademark holder. c. permitted after the five-year period for trademark registration expires. d. none of the above : a : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal International Intellectual Property Issues : Bloom's: Application 53. Goods sold by an authorized dealer beyond the dealer's authorized territory or quantity are: a. knockoff goods. b. gray market goods. c. infringed goods. d. none of the above : b : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal International Intellectual Property Issues : Bloom's: Knowledge 54. Registration of a trademark in a Madrid member country is: a. effective for that country only. b. effective for all Madrid member countries. c. not effective in the United States. d. protected under the Berne convention. : b : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Trademarks : Bloom's: Knowledge 55. Which of the following is not an element of disparagement? a. un statement b. publication c. damages d. intent to injure e. All of the above are elements. : e : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Enforcing Business Property Rights : Bloom's: Knowledge 56. Palming off: a. is the same as trademark infringement. b. requires proof of the likelihood of confusion. c. is a statutory protection in competition. d. is a federal crime. e. none of the above : b : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Enforcing Business Property Rights : Bloom's: Knowledge 57. Trade secrets: a. are registered for 14 years. b. are good for 75 years. c. need not be registered to be protected. d. are the same as trademarks. : c : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Trade Secrets : Bloom's: Comprehension 58. Misappropriation requires proof of: a. unauthorized use of a product or process. b. infringement. c. an existing copyright. d. an existing trademark. : a : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Enforcing Business Property Rights : Bloom's: Comprehension 59. The golden arches of McDonald's restaurants are an example of: a. a patent. b. a copyright. c. a license. d. trade dress. : d : 1 Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Trademarks : Bloom's: Application 60. Patents are: a. 20-year legal monopolies. b. good for the lifetime of the inventor plus 50 years. c. not protected by any federal statutes for infringement. d. none of the above : a : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Patents : Bloom's: Knowledge 61. "M & M's" brand candy is: a. an example of a trademark. b. an example of a generic label not entitled to trademark protection. c. a trademark protectable for 17 years. d. none of the above : a : 1 Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Trademarks : Bloom's: Application 62. Which of the following is a generic term? a. Honey Maid graham crackers b. Nintendo video games c. cola d. Jell-O brand gelatin : c : 1 Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Trademarks : Bloom's: Application 63. Which of the following are generic terms? a. cellophane b. aspirin c. thermos d. All of the above are generic terms. : d : 1 Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Trademarks : Bloom's: Application 64. What types of remedies are available for patent infringement? a. injunctions b. damages c. specific performance d. a and b : d : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Patents : Bloom's: Knowledge 65. To be patentable, an idea must be which of these? a. Obvious b. Intangible c. Useful d. All of the above : c : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Patents : Bloom's: Knowledge 66. The Supreme Court has held that developing a method for creating something that exists in nature ___ protected by patent laws. a. is b. is not c. cannot d. should not : a : 1 Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Patents : Bloom's: Application 67. If a major company buys one subscription to a journal for all of its employees to copy and share, the company: a. is not liable for anything under the fair use doctrine. b. is liable for infringement. c. is not liable for infringement, but is liable for a trade secret violation. d. is not liable because this is clearly an educational use. : b : 1 Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Copyrights : Bloom's: Application 68. The Sonny Bono Copyright Extension Act: a. does not apply to individual copyright ownership. b. does not apply to corporate copyright ownership. c. does not provide protection for movies. d. extended the time for the federal copyright protection to 70 years beyond the life of the creator/author. e. none of the above : d : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Copyrights : Bloom's: Knowledge 69. The Digital Millennium Copyright Act: a. makes it a criminal offense to create programs to circumvent encoded copyrighted materials. b. does not impose liability on those who provide Internet access to employees. c. does not impose liability for circumvention of encoding of copyrighted materials for personal use. d. both b and c e. none of the above : a : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Copyrights : Bloom's: Knowledge 70. Professor Winona Wright has just read an article in Fortune magazine about issues in the Enron bankruptcy. She wishes to share it with her class that morning and makes 50 copies to distribute to them. Professor Wright: a. has infringed Fortune's copyright. b. has utilized the fair use exemption under copyright law. c. has done nothing in violation of copyright law because magazine articles are not protected under copyright law. d. none of the above : b : 1 Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Copyrights : Bloom's: Application 71. Trade dress: a. can be protected if there will be confusion. b. can be protected only if there is a registered trade name or trademark. c. can be protected if it is distinct. d. both a and c : d : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Trademarks : Bloom's: Comprehension 72. What of the following could be protected as a trade secret? a. chemical formula b. supply chain management system of a company c. customer list d. All of the above are examples of trade secrets. : d : 1 Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Trade Secrets : Bloom's: Application 73. Which of the following is/are generic term(s)? a. Band-Aid b. Jell-O c. Aspirin d. All of the above are generic. : c : 1 Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Trademarks : Bloom's: Application 74. Ted’s Red Hots is a hot dog restaurant that has the shape of a hot dog in a bun, with the hot dog wearing a white chef’s hat at one end. Wally’s is a new hot dog restaurant that has a wiener dog shape with the wiener dog wearing a white chef’s hat. Ted’s probably has an infringement claim based on: a. patent appropriation. b. trade dress appropriation. c. copyright infringement. d. any of the above : b : 1 Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Trademarks : Bloom's: Application 75. The Trademark Dilution Act provides a remedy for: a. commercial use of another’s trademark. b. too many trademarks being registered. c. overuse of a trademark. d. none of the above : a : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Trademarks : Bloom's: Knowledge 76. The “likelihood of confusion” standard is used: a. in copyright cases. b. in patent cases. c. in trademark infringement cases. d. none of the above : c : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Trademarks : Bloom's: Knowledge 77. At Anne’s Beauty Emporium, Della operates a small store-within-a-store in which she sells bags that appear to be designer Prada and Gucci handbags. The bags are priced at Della’s at between $65 and $190 each. The price for the same Prada and Gucci bags in department stores would be between $325 and $900. Della is probably selling: a. knock-off purses. b. gray market purses. c. counterfeit purses. d. all of the above : d : 1 Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Trademarks International Intellectual Property Issues : Bloom's: Application 78. Copying an article from a computer science journal that sells subscriptions and then distributing it to 25 employees at your company: a. would be fair use. b. would be copyright infringement. c. would not be copyright infringement unless you charged the employees for the copies. d. none of the above : b : 1 Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Copyrights : Bloom's: Application 79. Yanni’s Yachts has created a specially designed awning for its boats. Yanni’s did not patent the awning. Dream Boats purchased one of Yanni’s boats and then copied the awning from the boat it purchased from Yanni. a. Dream Boats has appropriated a trade secret. b. Dream Boats has appropriated a patent because a patent need not be registered to be valid. c. Dream Boats has misappropriated Yanni’s awnings. d. none of the above : d : 1 Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Patents : Bloom's: Application 80. Trade secrets: a. cannot be registered. b. do not carry remedies if they are taken by former employees. c. are not a form of property and cannot be stolen. d. none of the above : d : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Trade Secrets : Bloom's: Knowledge 81. Louis Vuitton is a manufacturer of luggage, purses, wallets, and briefcases and is internationally known for its classic LV design on its products. Vuitton has authorized two U.S. importers to handle its products with the caveat that the products are to be sold only in the finer department stores and Vuitton-authorized dealers and franchises. One dealer has been selling the Vuitton products at substantial discounts to a wholesaler in the Los Angeles garment district. Discuss Vuitton's rights in this situation. : Vuitton is experiencing the gray market - the authorization for sales of goods is being exceeded with the resultant flooded market and reduced price. However, under current law there is little hope for Vuitton controlling the imports by the LA dealer. Vuitton may have to take the action of terminating the wholesaler. : 1 Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking International Intellectual Property Issues : Bloom's: Application 82. Chicago Roller Skate has purchased an inexpensive indoor rollerskate from a Taiwanese manufacturer. Brookfield Athletic Shoes alleges that its patent for its unique wheel plate is infringed by the Taiwanese model. Discuss the issues of infringement as well as the issues of international protections of patented products. : The patent is infringed and Chicago will be liable. Their importation from a foreign manufacturer is irrelevant. : 1 Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Patents International Intellectual Property Issues : Bloom's: Application 83. During the late 1980s, a number of homeowners purchased satellite dishes in order to gain access to all forms of television programming (without the additional costs of cable and cable access fees). The pay-TV channels then scrambled their signals, and the owners find that their satellite dishes offer them no more stations than regular TV. Discuss the ownership rights in this situation. Were the satellite dishes an ethical and legal issue when they were sold to the homeowners in the first place? : It is difficult to copy the airways. But the right of access to paid-for shows can be controlled and the companies are justified in controlling access. : 1 Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Enforcing Business Property Rights : Bloom's: Application 84. John W. Carson, better known as Johnny Carson, was the host and star of "The Tonight Show." His announcer used the phrase "Here's Johnny" to introduce Mr. Carson from the time the first show appeared in 1957. Carson licensed the phrase for use with a clothing line he endorsed as well as a line of men's toiletries. In 1976, a Michigan corporation began manufacturing and selling portable toilets for use at construction sites and at large outdoor events. The toilets were called, "Here's Johnny! portable toilets!" The company also used the phrase, "the world's foremost commodian" in describing its product. Mr. Carson filed suit. What would be the basis of his lawsuit? : The court in Carson v. Here's Johnny Portable Toilets, 698 F.2d 831 (6th Cir. 1983), held that the use of the phrase was misappropriation. : 1 Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Enforcing Business Property Rights : Bloom's: Application 85. Discuss the rights of the film companies to collect royalties from the rental of their films at local video stores. : The royalties are covered up-front when the video outlets pay a fee up-front for the movie rights. : 1 Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Copyrights : Bloom's: Knowledge 86. Discuss the potential penalties under the Industrial Espionage Act. : The penalties under the IEA for individuals are fines up to $500,000 and imprisonment for up to 15 years; for corporate violations, the fine is the greater of up to $10,000,000 or twice the value of the secret that was communicated. : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal Trade Secrets : Bloom's: Knowledge 87. Why are the terms "cellophane," "aspirin," and "thermos" generic? What changes a tradename or trademarked item to a generic term? : The terms fell into common usage to refer to a type of product as opposed to a particular company product. Companies must promote "Band-Aid brand adhesive strip" so that "Band-Aid" does not become the term all customers use for all adhesive strips. : 1 Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Trademarks : Bloom's: Application 88. FluRight is a flu medicine developed by Medic, Inc. The packaging for FluRight bears an uncanny resemblance to the number one flu medicine on the market. The bottle is the same shape and the colors and type on the box are the same. Customers note that they have to look closely to see which brand they are buying. Describe the rights of the company that has the number one brand against Medic, Inc. : There are issues of palming off here. Also, there is perhaps an aspect of trade dress. A company cannot design and package its product so as to make it deceptively similar to another brand and thereby capitalize on its advertising and good will. : 1 Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Trademarks Enforcing Business Property Rights : Bloom's: Application 89. AOL use the phrase “You’ve got mail!” to signal its customers that there is mail in their electronic accounts. AT&T began using the phrase, “You have mail!” for its customers. AOL brought suit against AT&T for trademark infringement. Has there been infringement? : The students should discuss whether it is possible to have a trademark on a phrase that can be used in many different contexts and does have ordinary meaning and use. In America Online, Inc. v. AT&T Corp., 243 F.3d 812 (4th Cir 2001), the court held that AOL could not have trademark protection for something such as a phrase that had functional use and meaning. : 1 Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Trademarks : Bloom's: Application 90. “Jordache” was a trademark for designer jeans that were popular in the 1980s. A manufacturer that produced jeans for larger-sized women named their jean product “Lardashe” and used a smiling pig as part of its logo with its name. The Jordache Company brought suit against Lardashe for trademark infringement. Which of the following best describes how the court dealt with the issue? a. The court issued an injunction against Lardashe to stop using the name. b. The court dismissed the claim because there was not a likelihood of confusion of the brand. c. The court dismissed the action because a name cannot be a trademark. d. The court dismissed the action because clothing is not subject to trademark identification. : b : 1 Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Trademarks : Bloom's: Analysis 91. Cheong Choon Ng, the owner of Rainbow Loom, developed a rubber-band jewelery making kit that has a distinctive trade dress C-shaped clip that allows kids to connect loops of rubber bands to form bracelets. The looming technique in the kit dates back to the 1800s when the technique of looping knits was called Brunnian Links. Mr. Ng says he developed the C-Clip as he watched his daughters trying to make bracelets out of tiny rubber bands. After three years of enjoying a monopoly on a hot-selling craft item, Mr. Ng faced competition from FunLoom. Mr. Ng has filed suit against FunLoom for copying the C clip in its craft kit for the rubber band bracelets. Which of the following statements by the owner of FunLoom would be the best avenue for defense against the infringement suit by Rainbow Loom? a. “Our clip is larger.” b. “It works the same, but it isn’t the same. It just looks like it.” c. “Is a loom something new and novel? It isn’t.” d. “This issue should be decided by competition, not the courts.” : c : 1 Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Trademarks : Bloom's: Analysis The book "Fort Apache" dealt with the story of a battle at a frontier fort and the film "Fort Apache: The Bronx,” was a story about the challenges of police officers in battling crime in the Bronx area of New York City. The author of “Fort Apache” has brought suit against the film makers. 92. What would be the basis of the suit? a. Trade Name b. Trademark c. Copyright d. both a and b : c : 1 Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Copyrights : Bloom's: Analysis 93. What would be the film makers’ best defense in the suit against them by the author? a. That the idea of a Fort Apache is general in terms of the nature of a battle and not a unique idea. b. That the name of the film is different. c. That the use of an idea in a film is not an infringement of an idea in a book. d. That book names are not protected by statute. : a : 1 Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Copyrights : Bloom's: Analysis 94. The novel One Fine Day told the story of a man trapped in a repeating day, forced to live the same day over and over. The movie "Groundhog Day," also featured a man caught in a repeating day. The novel was dark and introspective, while the film was a romantic comedy. In a suit by the author of the book against the film makers, which of the following would be important? a. That any similarities between the two works related general ideas, concepts or abstractions. b. That the film was made first. c. That the screenwriters for the film had read the book. d. All of the above would be important. : d : 1 Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Copyrights : Bloom's: Analysis

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