BUS 311 Week 4 Quiz Chapter 026
- Intellectual property is not protected through the use of trade secrets, trademarks, copyrights, and patents.
- Goodwill refers to the name and good reputation of firm.
- A program with a complex accounting and budgeting program, highly specialized and not intended for wide distribution, would not be considered as a trade secret.
- Producers of computer software have an incentive to treat their creations as trade secrets because there is no set time limit on the protection available for patents, copyrights and trademarks.
- A trademark is a name or symbol given to creators of literary, creative, or artistic works.
- Symbols used to identify services, as distinguished from goods, are called service marks.
- Most firms that have registered trademarks spend considerable amounts of money to research, design, register, and advertise their trademarks.
- A domain name is a unique identifier that serves as an address for a Web page.
- Computer programs and computer games may not be copyrighted under existing law.
- An individual who copies another's works without permission may be found liable for infringement.
- Pursuant to the Computer Software Copyright Act of 1980, it is an infringement if the owner of a computer program makes a single copy.
- Patents are issued by the Immigration and Naturalization Service Department alone.
- The invention must be a device is a term that has broad application in patent law and may not include a design or process.
- Since many computer programs are designed to do certain tasks electronically that have previously been done mechanically, it is often difficult to satisfy the novelty and nonobviousness requirements.
- A design patent is awarded to individuals or business firms to protect distinctive patterns, figures, and shapes and to prevent unauthorized copying.
- A form of personal property, which includes knowledge, ways of doing things, and expressions of ideas is known as a(n):
A. intellectual property.
B. tangible property.
C. real property.
D. easementary right.
- Intellectual property is also referred to as a(n) ___________ capital.
- An agreement in which the employee agrees not to work in similar employment is known as a:
A. debt covenant.
B. silent covenant.
C. restrictive covenant.
D. heritage covenant.
- Nearly all restrictive covenants are enforceable; the most important factor is whether the covenant is:
- The contract for sale usually includes a(n) ________________, similar to the restrictive covenant placed in an employment contract.
A. agreement not to compete
B. nondisclosure agreement
C. service level agreement
D. arbitration agreement
- An agreement in which the seller agrees not to begin or operate a similar business within a certain geographic area, or within a specified period of time, is known as a(n):
A. service-level agreement.
B. agreement not to compete.
C. arbitration agreement.
D. nondisclosure agreement.
- Some developers of commercial software have attempted to protect against pirated copying by claiming that the program is a:
C. trade secret.
D. trade mark.
- A computer program distributed to a limited number of users is usually not sold; rather, the producer of the program generally retains ownership and:
A. monopolizes the same.
B. retains the same for his lifetime.
C. licenses the use of it.
D. transfers to the government after 10 years.
- A _________ , according to the Lanham Trademark Act of 1947, is "any word, name, symbol, or device or combination thereof adopted and used by a manufacturer or merchant to identify his (or her) goods and distinguish them from goods manufactured or sold by others."
A. design patent
B. trade secret
C. trade dress
- Trademark registrations are issued at the federal level by the U.S. Patent and Trademark Office of the Department of:
- A trademark registration is issued for a renewable period of:
A. 10 years.
B. 20 years.
C. 50 years.
D. 60 years.
- A distinctive, nonfunctional feature, which distinguishes a merchant's or manufacturer's goods or services from those of another, is known as a:
B. trade dress.
C. design patent.
- Which of the following was once a trademark, but has now become generic?
- The owner of a trademark loses rights to it "when any course of conduct of the registrant, including acts of omission or commission, causes the mark to lose its significance as an indication of origin" under a:
A. company policy.
B. state law.
C. federal law.
D. restrictive covenant.
- All of the following are the basic rules for protecting the firm's trademark, EXCEPT:
A. never use the trademark in the possessive form.
B. never use the trademark in the plural.
C. always identify the trademarks.
D. monitor the use of trademarks only once.
- All of the following are the suffixes used in domain names, EXCEPT:
- Registering or using another person's or company's domain name in bad faith for the purpose of earning a profit is referred to as:
B. shoulder surfing.
- Under the current copyright law, a created work is protected for the lifetime of the creator and for another:
A. 30 years.
B. 40 years.
C. 50 years.
D. 70 years.
- Which of the following is not subject to the doctrine of fair use?
- A computer program is defined as a "set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain act" under the:
A. Global Computer Review Act of 2004.
B. Computer Software Copyright Act of 1980.
C. National Software Act of 1863.
D. USA Computer Act of 2001.
- A(n) __________ test is used to determine whether an ordinary reasonable observer comparing two works would have to conclude that the work being questioned was copied from the other.
A. substantial similarity
B. fair use
- A patent is a valid, government-granted protection awarded to inventors that gives the patent-holder the exclusive right to manufacture, use, and sell the invention for:
A. 10 years.
B. 20 years.
C. 50 years.
D. the lifetime of the creator plus 70 years.
- Anyone who manufactures or sells, without permission, a product that has been patented by another can be charged with:
D. breach of contract.
- The Patent and Trademark Office would probably grant a patent if the invention is a device, useful, novel, and:
- Design patents are granted for a period:
A. less than 20 years.
B. from 20 to 30 years.
C. from 30 to 40 years.
D. from 40 to 50 years.