Andersons Business Law And The

Legal Environment Comprehensive

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Chapter 09—INTELLECTUAL PROPERTY RIGHTS AND THE INTERNET

True / False

1. Trade dress can be any word, name, symbol, device, or combination of these used to identify a product.
a. True
b. False
ANSWER: False

2. Trademarks may be used to protect the exclusive right to identify either products or services.
a. True
b. False
ANSWER: False

3. Once a mark is registered in accordance with federal law, the holder of the mark has the exclusive right to use the mark
in perpetuity.
a. True
b. False
ANSWER: False

4. Trademarks and service marks are recorded with the Register of Copyrights.
a. True
b. False
ANSWER: False

5. Descriptive terms such as locations and colors are never subject to trademark protections.
a. True
b. False
ANSWER: False

6. If other persons are permitted to use a trademark, it will lose its exclusive character and become generic.
a. True
b. False
ANSWER: True

7. Trade dress refers to the packaging look and overall image of a product.
a. True
b. False
ANSWER: True

8. Protection for trade dress is available under the Lanham Act.

a. True
b. False
ANSWER: True

9. To prevail in an action for trade dress infringement, a plaintiff must prove that its trade dress is distinctive and
nonfunctional and the defendant’s trade dress is confusingly similar to the plaintiff’s.
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Chapter 09—INTELLECTUAL PROPERTY RIGHTS AND THE INTERNET

a. True
b. False
ANSWER: True

10. Cybersquatters are individuals who register and set up domain names on the Internet that are identical or confusingly
similar to existing trademarks in the hopes they can sell the name to the trademark owner.
a. True
b. False
ANSWER: True

11. A copyright prevents the copying of an idea.

a. True
b. False
ANSWER: False

12. A copyright is the exclusive right given by federal statutes to the creator of a literary or an artistic work to use,
reproduce, and display the work.
a. True
b. False
ANSWER: True

13. The Sony Bono Copyright Extension Act of 1998 extended copyright protection to the life of the author plus 50 years.
a. True
b. False
ANSWER: False

14. Copyright of a "work made for hire" runs for the life of the creator of the work plus 50 years.
a. True
b. False
ANSWER: False

15. The Berne Convention requires all works published after March 1, 1989 to contain a notice of copyright.
a. True
b. False
ANSWER: False

16. In order for a work to be copyrightable, it must possess a significant amount of creativity.
a. True
b. False
ANSWER: False

17. An owner of a copyright may license some of his or her rights to another in exchange for royalty payments.
a. True
b. False
ANSWER: True
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Chapter 09—INTELLECTUAL PROPERTY RIGHTS AND THE INTERNET

18. A copyright owner may prohibit even limited use of copyrighted material if it is used for parody or criticism.
a. True
b. False
ANSWER: False

19. All types of patents available under U.S. law are entitled to the same quality and duration of protection once initial
filing is perfected with the Patent and Trademark Office in Washington, D.C.
a. True
b. False
ANSWER: False

20. Although processes and machines are eligible for patent protection, manufactures and compositions of matter are not.
a. True
b. False
ANSWER: False

21. Under the United States Supreme Court’s “doctrine of equivalents,” infringers may not avoid liability for patent
infringement by substituting insubstantial differences for some of the elements of the patented product or process.
a. True
b. False
ANSWER: True

22. To be patentable, an invention must be new and not obvious to a person of ordinary knowledge and skill in the art or
technology to which the invention is related.
a. True
b. False
ANSWER: True

23. Once approved by the U.S. Patent and Trademark Office, a patent is presumed valid after a public comment period of
90 days.
a. True
b. False
ANSWER: False

24. In limited circumstances customer lists are protected under trade secret laws.
a. True
b. False
ANSWER: True

25. When secret information is shared or communicated for a special purpose and the person receiving the information
knows it is not to be made known, it loses the protection it had while secret.
a. True
b. False
ANSWER: False

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26. Stealing trade secrets can result in fines, but not imprisonment.
a. True
b. False
ANSWER: False

27. Written computer programs are not given the same protection as other copyrighted material.
a. True
b. False
ANSWER: False

28. Computer software licensing agreements include restrictions on the use of software and give the licensor greater
protection than that provided by copyright law.
a. True
b. False
ANSWER: True

29. The Semiconductor Chip Protection Act of 1984 created a new form of industrial intellectual property by protecting
mask works and the semiconductor chip products in which they are embodied against chip piracy.
a. True
b. False
ANSWER: True

30. Under the Semiconductor Chip Protection Act reverse engineering exemption, competitors may study mask works but
may not use the results of that study to design their own semiconductor chip.
a. True
b. False
ANSWER: False

Multiple Choice

31. The Lanham Act grants protection for:

a. marks.
b. patents.
c. copyrights.
d. trade secrets.
ANSWER: a

32. Trademark law categorizes marks along a spectrum of ______, based on a mark’s capacity to serve ______.
a. suggestiveness, the characteristics of the service to which they relate.
b. fancifulness, the characteristics of the product to which they relate.
c. descriptiveness, a source-identifying function.
d. distinctiveness, a source-identifying function.
ANSWER: d

33. It is important to protect trade dress against adoption by a competitor failure to protect the mark can:
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Chapter 09—INTELLECTUAL PROPERTY RIGHTS AND THE INTERNET

a. deceive purchasers into believing they have obtained a comparable product.
b. dilute the originator's resource investment in its product appearance.
c. usurp the business goodwill of the developer of the trade dress.
d. allow the mark pass into the English language (like ‘aspirin’) and become generic.
ANSWER: d

34. ICANN is a nonprofit corporation responsible for:

a. granting safe harbors for good faith domain name violators.
b. removing cybersquatters from the internet.
c. resolving differences among domain names.
d. coordinating the use of domain names across the Internet.
ANSWER: c

35. A copyright bestows upon the creator of an artistic or literary work a federal statutory right to exclusively:
a. use the work.
b. reproduce the work.
c. display the work.
d. All of these
ANSWER: d

36. The DMCA provides a(n) _______ for internet service against claims of _______.
a. dispute resolution forum, copyright infringement.
b. indemnification, copyright infringement.
c. mechanism, trademark infringement.
d. safe harbor, copyright infringement.
ANSWER: d

37. Which of the following is not an exclusive right of the holder of a copyright?
a. To prepare works that are derived from the original work.
b. To obtain a court order enjoining use of the original work by another.
c. To distribute copies of recordings of the original work.
d. To display or perform the original work in public.
ANSWER: b

38. In determining whether limited use of copyrighted material may be permitted as "fair use," courts will consider:
a. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit
educational purposes.
b. the nature of the copyrighted work.
c. the amount and substantiality of the portion used in relation to the copyrighted work as a whole.
d. all of these.
ANSWER: d

39. The Digital Millennium Copyright Act :

a. made notice of copyrights no longer mandatory.
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Chapter 09—INTELLECTUAL PROPERTY RIGHTS AND THE INTERNET

b. changed the life of a copyright.
c. was enacted to curb the pirating of software and other pirated works.
d. provided a safe harbor for copyright infringers.
ANSWER: c

40. Three types of patents available under U.S. law are:

a. utility, product, design.
b. design, packaging, invention.
c. design, plant, utility.
d. utility, regulatory, common law.
ANSWER: c

41. Design patents have a duration of ____ years.

a. 10
b. 14
c. 17
d. 20
ANSWER: b

42. The type of patent that may be granted to developers of plant reproduction methods is called a:
a. process patent.
b. functional or utility patent.
c. improvement patent.
d. plant patent.
ANSWER: d

43. The type of patent that may be granted to developers of new and non-obvious ornamental features of manufactured
articles is called a(n):
a. design patent.
b. functional or utility patent.
c. improvement patent.
d. plant patent.
ANSWER: a

44. The America Invents Act:

a. amended federal copyright law.
b. replaced the patent “first to file system” with a “first to invent” system.
c. speeds up the application process for energy conservation inventions for a $4,800 fee.
d. replaced the patent “first to invent system” with a “first to file” system.
ANSWER: d

45. A business formula, information compilation, or device that provides an advantage over competitors that do not have
it is known as a:
a. competitive advantage.
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Chapter 09—INTELLECTUAL PROPERTY RIGHTS AND THE INTERNET

b. strategic advantage.
c. trade secret.
d. restraint of trade.
ANSWER: c

46. The measure of damages for misappropriation of a trade secret is:

a. ten times the loss of revenues by the owner of the trade secret (punitive damages).
b. three times the loss of revenues by the owner of the trade secret (treble damages).
c. the loss of revenues by the owner of the trade secret.
d. the profits earned by the ‘thief’ derived from the misappropriation of the trade secret.
ANSWER: d

47. Under the Computer Software Copyright Act of 1980, a written program:
a. must be written in object code in order to be protected.
b. must be written in source code in order to be protected.
c. is protected as any other copyrighted material, even if it is in written form.
d. is protected but does not receive the same protections as other copyrighted materials.
ANSWER: c

48. To analyze a copyright infringement claim in the context of computer programs, courts will primarily examine:
a. the total number of program steps that are substantially similar.
b. the number of significant program steps that are substantially similar.
c. whether the programs appear substantially similar in ordinary language.
d. whether the programs appear substantially similar in machine language.
ANSWER: b

49. The best way to distribute and sell copyrighted computer programs is using:
a. copyright laws.
b. patent laws.
c. trade secret laws.
d. restrictive licensing.
ANSWER: d

50. Owners of mask works are entitled to the exclusive right to reproduce and distribute their products under U.S. law for
a period of:
a. 10 years.
b. 20 years.
c. 28 years.
d. the life of the creator plus 70 years.
ANSWER: a

51. Under the Semiconductor Chip Protection Act’s _______, competitors may not only study mask works but may also
use the results of that study to design their own semiconductor chip products embodying their own original masks.
a. fair use exemption
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Chapter 09—INTELLECTUAL PROPERTY RIGHTS AND THE INTERNET

b. statutory damages waiver
c. reverse engineering exemption
d. semiconductor mask product exemption
ANSWER: c

Essay

52. Herman Corporation is engaged in preparing a marketing campaign consisting of electronic and print images.
Drawings and photographs for the campaign are coming from a variety of sources, including popular magazines,
international newspapers, and web sources. The marketing vice president asserts that the company may use the images
under the fair use doctrine. What factors should be considered in the application of the fair use doctrine?
ANSWER: Copyright law requires a consideration of four factors in determining the application of the fair use doctrine.
First, the purpose and character of the use must be considered. Here, the commercial, in contrast to nonprofit,
use of the images does not favor Herman Corporation’s position. Second, the nature of the work is a factor.
All of the images were publicly available, so this factor favors Herman Corporation. Third, the extent of the
copying must be considered. Again, Herman Corporation is favored because only selected aspects of the
source materials were used. Finally, the value of the copyrighted work is an issue. Application of this factor
may work against Herman Corporation’s position, since the images are a critical part of the product generated
by the media outlets.

53. Smarts and Then Some, Inc. developed a software program after several years of research and development. The
particular software program was then test–marketed, at which point a competitor filed suit claiming that the Smarts and
Then Some program violated the competitor's copyright on a program they too were test-marketing. What is the test to
determine whether a copyright has been violated?
ANSWER: With the passage of the Computer Software Copyright Act of 1980, greater clarity was brought to answering
the question of whether a software copyright is violated. In rendering a decision regarding software copyright
violation, courts today attempt to determine the degree of similarity between the two programs in terms of
structure, flow, sequence, and organization.

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Another random document with
no related content on Scribd:
The Project Gutenberg eBook of Chinese
pictures
This ebook is for the use of anyone anywhere in the United States
and most other parts of the world at no cost and with almost no
restrictions whatsoever. You may copy it, give it away or re-use it
under the terms of the Project Gutenberg License included with this
ebook or online at www.gutenberg.org. If you are not located in the
United States, you will have to check the laws of the country where
you are located before using this eBook.

Title: Chinese pictures

notes on photographs made in China

Author: Isabella L. Bird

Release date: October 27, 2023 [eBook #71968]

Language: English

Original publication: London: Cassell and Company, 1900

Credits: The Online Distributed Proofreading Team at

https://www.pgdp.net (This file was produced from images
generously made available by The Internet Archive)

*** START OF THE PROJECT GUTENBERG EBOOK CHINESE

PICTURES ***
the tb
 CHINESE PICTURES

Notes on Photographs
Made in China

BY
MRS. J. F. BISHOP
F.R.G.S., etc.

CASSELL AND COMPANY, Limited

London, Paris, New York & Melbourne
1900. All Rights Reserved
INTRODUCTION.
This little book is the outcome of talks with Mrs. Bishop over some of
the photographs which were taken by her in one or other of her
journeys into and across China. Some of the photographs have
already appeared in her published works, “The Yangtze Valley and
Beyond” and “Korea and Her Neighbourhood” (2 vols., Murray). The
notes were, in substance, dictated by Mrs. Bishop. It is hoped they
contain some real information on the people, their surroundings, and
habits which, though slight in form, may be helpful to a better
understanding of a very difficult problem.
According to our newspaper press to-day, the Chinese are simply
cruel barbarians. According to Mrs. Bishop, when you know them
they are a likeable people—and she has formed this opinion in spite
of the fact that, in their deeply-rooted hatred of the foreigners, they
twice attacked her with violence. A real understanding of the people
is for us, with our different modes of thought, most difficult to arrive
at; but we shall not advance towards it by accepting all the evil
reports and shutting our ears to the good ones. That the problem of
China is, and will for some time continue to be, the most interesting
question to the rest of the world is certain. The future of its people is
all unknown, but there are in it possibilities which make it a terror to
all other nations.
ERRATA.
The illustrations on p. 79 and p. 81 have been transposed. The
former represents “The Tablet of Confucius,” the latter, “The Altar of
Heaven.”

Chinese Pictures.

[Transcriber’s Note: this error has been corrected.]

CONTENTS.
PAGE
The Private Entrance to the Imperial Palace, 8
Peking

The Entrance to the British Legation 10

Entrance to the College of the Student 12

Interpreters

The State Carriage of the British Legation 14

The Great Imperial Stone Road from Peking to 16

Chengtu, the Capital of Sze Chuan

A Mule Cart 18

A Manchurian Family Travelling 20

Carriage by Bearers 22

A Traveller Arriving at an Inn in Manchuria 24

Carriage of Merchandise 26

The Mode of Carrying Oil and Wine 28

Wheelbarrow Traffic on the Chengtu Plain 30

The Wheelbarrow of North China 32

A Small Houseboat on the Yangtze Kiang 34

A Foot Boat Found in Central China 36

Hsin Tan Rapid on the Yangtze River 38

A Boat on the Min River, Used for Running the 40

Rapids

Part of a Fringe of Junks or River Boats at 42

Wan Hsien

The Bridge of Ten Thousand Ages, Foochow 44

A Bridge at Wan Hsien of the Single Arch Type 46

The Bridge of Mien Chuh Sze Chuan 48

A Simple Country Bridge 50

A Dragon Bridge 52

The Zig-zag Bridge of Shanghai 54

The Garden of the Guild of Benevolence, 56
Chung King

A Burial Charity 58

A Baby Tower, Foochow 60

Bottle Seller and Hospital Patient 62

The Dying Coolie 64

The Mode of Sepulchre throughout Southern 66

China

Coffins Kept Above Ground 68

The Temple of the God of Literature at Mukden 70

The Temple of the Fox, Mukden 72

Wayside Shrines 74

The Ficus Religiosa 76

The Altar of Heaven 78

The Tablet of Confucius 80

A Porcelain-fronted Temple on the Yangtze 82

Child Eating Rice with Chopsticks 84

Fort on the Peking Wall 86

Another Fort on the Wall of Peking 88

Colossal Astronomical Instruments on the 90

Peking Wall

Chien Mun Gate 92

The Gate of Victory, Mukden 94

The West Gate of Kialing Fu 96

The West Gate of Hangchow 98

The Gate of a Forbidden City 100

Silk Reeling 102

A Typical Entrance to a House 104

The Guest Hall in a Chinese House, Wan Hsien, 106

Sze Chuan

A Chinese Village 108

A Farmhouse in the Hakka Country, Southern 110

China

A Market Place or Market Street in Sze Chuan 112

The Cobbler 114

Carrying Liquid Manure to the Fields 116

The Marriage Chair 118

Mode of Carrying Cash and Babies 120

A Pai-fang, or Widow’s Arch 122

Two Soldiers of Sze Chuan 124

Opium Culture Encroaching on the Rice Lands, 126

Sze Chuan
THE PRIVATE ENTRANCE
TO THE
IMPERIAL PALACE, PEKING.

A subject of considerable interest, owing to the mystery

surrounding the members of the Imperial Family. The photograph
was taken from the wall of the Purple or Forbidden City, in which
only the Imperial Family and their entourage have the right to dwell.
The building in the centre, which is roofed with yellow tiles, is
supposed to be the residence of the Emperor, but where he does
actually reside remains a mystery. The entrance to the Palace is
through the arches in the building on the left.