Tuesday, January 3, 2017

The laws of intellectual property protect property that is primarily the result of mental creativity rather than physical effort.

The laws of intellectual property protect property that is primarily the result of mental creativity rather than physical effort. 
TRUE
Intellectual property consists of the fruits of someone's mind. The laws of intellectual property protect property that is primarily the result of mental creativity rather than physical effort.

Network Solutions, Inc. is funded by the National Science Foundation and is responsible for registering domain names on the Internet. 
TRUE
Network Solutions, Inc. (NSI), which is funded by the National Science Foundation, is responsible for registering domain names on the Internet.

As discussed in the case in the text, Toys "R" Us, Inc. v. Canarsie Kiddie Shop, Inc., evidence of actual confusion is a prerequisite for the plaintiff to recover in a trademark infringement action. 
FALSE
Evidence of actual confusion is a strong indication that there is a likelihood of confusion. It is not, however, a prerequisite for the plaintiff to recover.

A person who applies for a domain name on the Internet will be granted the domain name so long as no one else holds that name. 
TRUE
Network Solutions, Inc. (NSI), which is funded by the National Science Foundation, is responsible for registering domain names. Anyone seeking to register a domain name must now state in the application that the name will not infringe on anyone else's intellectual property rights and that the registrant intends to use it on a regular basis on the Internet.

Trade dress is entitled to the same protection as a trademark. 
TRUE
Trade dress is entitled to the same protection as a trademark.

Copyrights protect the expression of creative ideas. 
TRUE
Copyrights protect the expression of creative ideas.

Copyrights protect ideas themselves. 
FALSE
Copyrights do not protect ideas themselves but only the fixed form of expressing them, such as books, periodicals, musical compositions, plays, motion pictures, sound recordings, lectures, works of art, and computer programs.

A service mark is a mark licensed by a group that has established certain criteria for use of the mark such as "U.L. Tested" or "Good Housekeeping Seal of Approval." 
FALSE
A certification mark is a mark licensed by a group that has established certain criteria for use of the mark such as "U.L. Tested" or "Good Housekeeping Seal of Approval."

A teacher cannot be held liable for copyright infringement under the Fair Use Doctrine so long as copies are only used for educational purposes. 
FALSE
In determining whether the fair-use doctrine provides a valid defense to a claim of copyright infringement, Section 107 of the Copyright Act requires that the court weigh the following four factors: (1) The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes. (2) The nature of the copyrighted work. (3) The amount and substantiality of the portion used in relation to the copyrighted work as a whole, and (4) The effect of the use on the potential market for or value of the copyrighted work.

Tying arrangements are illegal. 
TRUE
The only restrictions on the patent holder are that he or she may not use the patent for an illegal purpose such as a tying arrangement or cross-licensing. A tying arrangement occurs when the holder issues a license to use the patented object only if the licensee agrees to buy some non-patented product from the holder.

An invention might be considered a trade secret. 
TRUE
A trade secret is a process, product, method of operation, or compilation of information that gives a businessperson an advantage over his or her competitors. Inventions and designs might be considered trade secrets.

Which of the following consists of the fruits of one's mind? 
A. Theoretical property
B. Cognitive property
C. Intellectual property
D. Protected property
E. Tradable property
Intellectual property consists of the fruits of someone's mind.

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