Obviousness can arise in the context of a patent application or in the context of a patent
infringement action.
a. True
b. False
Answer:
Match the type of patent listed in Column 1 to its description in Column 2.
Answer:
Quoting a short excerpt from a book in an online book review is an example of fair use.
a. True
b. False
Answer:
Which of the following is an example of a trade secret?
a. a customer list on a company’s password protected internal database
b. open source software available on the Internet
c. a manufacturing process discussed in a trade journal
d. all of the above
Answer:
Evidence of actual consumer confusion can be shown by direct testimony from
consumers.
a. True
b. False
Answer:
Which federal agency is generally responsible for investigating unfair and deceptive
acts or practices with Internet advertising?
a. Federal Bureau of Investigation
b. Federal Trade Commission
c. Consumer Product Safety Commission
d. U.S. Department of Commerce
Answer:
Which of the following works is NOT covered under the Digital Millennium Copyright
Act?
a. stage play productions
b. digital content
c. computer programs
d. movies
Answer:
HIPPA is the acronym for the Health Insurance Portability and Accountability Act.
a. True
b. False
Answer:
Which of the following is NOT one of the questions in the Miller test for determining
whether material is obscene?
a. whether the average person, applying contemporary community standards would find
that the work, taken as a whole, appeals to the prurient interest
b. whether the work is commercial in nature
c. whether the work, taken as a whole, lacks serious literary, artistic, political, or
scientific value.
d. all of the above
Answer:
What of the following is NOT an acceptable notice that a mark is registered with the
USPTO?
a. ®
b. TM
c. “Reg. U.S. Pat. & Tm. Off.”
d. Registered, U.S. Patent and Trademark Office
Answer:
What type of contractual provision provides that one party will reimburse the other
party for liability resulting from the other party’s work?
a. arbitration
b. indemnity
c. merger
d. severability
Answer:
Which remedy would be appropriate when a website displays a video and money
damages would be insufficient and the plaintiff would suffer irreparable harm?
a. compensatory damages
b. punitive damages
c. injunction
d. all of the above
Answer:
A person’s Internet search queries on Google can contain very sensitive and private
information if the person searched for their own name or Social Security Number.
a. True
b. False
Answer:
The Due Process Clause is found in which amendment or amendments to the U.S.
Constitution?
a. Fourth Amendment
b. Fifth Amendment
c. Fourteenth Amendment
d. b and c
e. all of the above
Answer:
An original article posted on a website is considered “original work of authorship”
under the Copyright Act and is entitled to copyright protection.
a. True
b. False
Answer:
A trade secret requires that the owner take reasonable precautions to protect the
trade secret.
a. True
b. False
Answer:
Only celebrities can bring a tort action for misappropriation of a person’s name or
likeness.
a. True
b. False
Answer:
What is the name of the main federal law that makes it a felony to gain unauthorized
access to computer systems?
a. Computer Fraud and Abuse Act
b. Communications Decency Act
c. CAN-SPAM Act
d. Digital Millennium Copyright Act
Answer:
Which international agreement or treaty shifted the main forum for rulemaking for
copyrights from the World Intellectual Property Organization (WIPO) to the World
Trade Organization (WTO)?
a. Berne Convention
b. Universal Copyright Convention
c. Trade Related Aspects of International Property Rights Agreement
d. WIPO Copyright Treaty
Answer:
The Family Educational Rights and Privacy Act (FERPA) applies only to public schools
and not private schools.
a. True
b. False
Answer:
An official government website is considered a traditional public forum under the First
Amendment.
a. True
b. False
Answer:
An employee has the same reasonable expectation of privacy with their personal mobile
phone as an employer-issued mobile phone.
a. True
b. False
Answer:
The Electronic Communications Privacy Act (ECPA) creates a civil right of action
against persons who gain unauthorized access to a person’s e-mail.
a. True
b. False
Answer:
What type of regulatory framework uses an advisory committee to consider and discuss
issues for the purpose of reaching a consensus in the development of a proposed rule?
a. self-regulation
b. co-regulation
c. negotiated rulemaking
d. government regulation
Answer:
If a company wants to file a suit for patent infringement, the company can choose to file
the case in either state court of federal court.
a. True
b. False
Answer:
In copyright infringement cases, “transformative” means adding something new to the
work.
a. True
b. False
Answer:
The Supremacy Clause of the United State Constitution prohibits states from entering
into reciprocity agreements for state income taxes.
a. True
b. False
Answer:
Acme.com (a fictitious company) includes the following language in its online terms of
use agreement: “By visiting acme.com, you agree that the laws of the state of
California, without regard to principles of conflict of laws, will govern these Terms of
Use and any dispute of any sort that might arise between you and Acme.com.” This
language is an example of what type of clause or provision?
a. choice of law provision
b. forum selection provision
c. Full Faith and Credit Clause
d. all of the above
Answer:
Section 230 of the Communications Decency Act bars plaintiffs from holding ISPs
legally responsible for information that third parties create and develop.
a. True
b. False
Answer:
Which of the following contracts is governed by the statute of frauds?
a. a browse-wrap agreement for an online retailer
b. a terms of use agreement for an online auction website
c. a contract to purchase a one-fourth interest in a timeshare for real estate
d. a licensing agreement for open-source software that can be downloaded from the
Internet
Answer:
ABC Corp. (a fictitious software company) has registered a new trademark design and
name for new software. How long will the registration remain in force?
a. 5 years
b. 10 years
c. 15 years
d. 20 years
Answer:
The Digital Millennium Copyright Act has a __________ provision that allows website
owners and operators to avoid liability for copyright infringement if they follow certain
procedural safeguards.
Answer:
The U.S. Supreme Court first recognized the right to privacy and struck down
prohibitions on birth control for married couples in the case _____________.
Answer:
In 2010, the U.S. Supreme Court held that business methods are patentable subject
matter in the decision _______________.
Answer:
In the case Katz v. United States, 389 U.S. 347, 361 (1967), the U.S. Supreme Court
established the reasonable____________________ test for searches under the Fourth
Amendment.
Answer:
A criminal justice professor conducting scholarly research wants to find out the work
e-mail addresses of all employees of the Federal Bureau of Investigation to send out a
link for an online survey. Discuss which federal statute the professor should use to
request the information and whether any exemptions might apply to the request.
Answer:
The U.S. Supreme held in Reno v. American Civil Liberties Union, 521 U.S. 844 (1997)
that portions of the __________, the first federal legislation passed by Congress aimed
at online child pornography, infringed on First Amendment rights.
Answer:
All of the states except for Alaska, Delaware, Montana, New Hampshire, and ________
collect state sales tax.
Answer:
The __________ is the federal agency that has authority to hold companies liable for
breaches of privacy in violation of their online privacy policies.
Answer:
A ______________ statute allows a state to exercise personal jurisdiction over a
nonresident defendant who maintains contacts in the state.
Answer:
A clause with the language “You agree to submit to the personal jurisdiction of the
courts located within Los Angeles County, California for the purpose of litigating all
such claims or disputes” is an example of a ___________ clause.
Answer:
The Electronic Communications Privacy Act provides for a civil ________ against
persons who gain unauthorized access to communications facilities and thereby access
electronic communications stored incident to their transmission.
Answer:
A DMCA compliant takedown notice must include the copyright owner’s ________
statement that the user’s content is unauthorized by law.
Answer:
The right of ______ is the right to control the use of one’s own name, picture, or
likeness and to prevent another from using it for commercial benefit without one’s
consent.
Answer:
The doctrine of unclean hands is a possible affirmative defense in a trademark
infringement suit under the Lanham Act if the trademark owner has acted with
_________.
Answer:
The U.S. Supreme Court imposed the constitutional requirement that a public figure
plaintiff must prove “actual malice” to prevail on a defamation claim in the case
______________.
Answer: