Q&A Hero

Q: A suspect cannot be tried twice in the same court for the same crime.

Q: Under the Fourth Amendment, a general search warrant and a general search through a person's belongings are permitted.

Q: Constitutional safeguards protect the rights of individuals against federal government actions.

Q: There is at least one circumstance in which a person cannot refuse to testify on Fifth Amendment grounds.

Q: Most crimes must be prosecuted within a certain number of years after the crimes occur.

Q: Ordinarily, "ignorance of the law" is a valid defense to criminal liability.

Q: Someone suffering from a mental illness may be incapable of the state of mind to commit a crime.

Q: Felonies are punishable by imprisonment for more than a year or death.

Q: In some states, misdemeanors are punishable by imprisonment for up to 10 years.

Q: Divestiture of a business interest is a possible penalty under RICO.

Q: Bribing foreign officials to obtain favorable business contracts is not a crime.

Q: The crime of bribery occurs when the bribe is offered.

Q: It is not a crime to defraud the public through the use of ads on television.

Q: Embezzlement can be committed only by physically taking property from the possession of another.

Q: Crimes occurring in a business context are popularly referred to as white-collar crime.

Q: A bank employee stealing funds from a client is an example of embezzlement.

Q: Falsifying public records is forgery.

Q: Counterfeiting is robbery.

Q: Picking pockets is larceny.

Q: Corporations, like persons, can be liable for crimes.

Q: The crime of theft requires the taking of property, without regard to whether the perpetrator knew it belonged to another.

Q: One purpose of criminal sanctions is to deter others from committing similar crimes in the future.

Q: A criminal case must be proved beyond a reasonable doubt.

Q: Public officials prosecute criminal defendants.

Q: Criminal law spells out the duties that exist between persons or between citizens and their governments.

Q: A crime can be committed only against persons.

Q: College Copy Shop (CCS) compiles, copies, and sells reading materials to students. The compilations are prepared on the instructions of professors, who indicate which parts of which publications should be included for their students. The copied materials include texts published by Deep Topics, Inc. CCS does not obtain the permission of Deep Topics, or any of the other original publishers of the copied materials, and does not pay royalties on the sales of the compilations. Deep Topics and others file a suit against CCS, alleging infringement of their intellectual property rights. Which type of intellectual property is involved in this situation? What is CCS's likely defense? How is a court most likely to rule? Explain.

Q: In 2003, Hawk Corporation begins making and selling electric motorcycles under the mark "Hawk." Ten years later, Hawk.com, Inc., a different company selling medical equipment and supplies, begins to use "hawk" as part of its URL and registers it as a domain name. Can Hawk Corporation stop Hawk.com's use of "hawk"? If so, what must the motorcycle-maker show?

Q: New Apps Company develops "Browser Lite" software, which speeds the display of graphics on Web sites. Browser "Lite" has the most copyright protection under a. the Berne Convention. b. the Paris Convention c. the TRIPS Agreement. d. the Madrid Protocol.

Q: Ross, an employee at Super Snowboard Company, is laid off. Before he exits Super's building, he e-mails the company's marketing campaign to Winter Sports Corporation, Super's competitor, without permission. This is a. copyright infringement. b. patent infringement. c. trademark infringement. d. a theft of trade secrets.

Q: Caramello Chip & Cookie Corporation (4C) obtains, and gives its employees, a list of the customers of Sugar & Spice Sales, Inc. (3S). Under the law that applies to trade secrets, 4C's conduct is actionable provided a. consumers are confused. b. 4C's conduct is intentional. c. 4C uses the list. d. 4C does not have 3S's permission to use the list.

Q: Ewa is Diamond Financial Planners' most productive employee. She is dissatisfied with the commission structure, however, so she quits to work for Feldstar Investments, Inc. When she leaves Diamond's employ, she takes her list of Diamond's clients so that she can induce them to switch to Feldstar. Trade secrets law covers a. Diamond's list of clients. b. Ewa's performance. c. Feldstar's commission structure. d. none of the choices.

Q: The idea for "On Your Mark," a computer game featuring world-class athletic competition in extreme and unique contests, is protected by a. copyright law. b. patent law. c. trademark law. d. trade secrets law.

Q: Megan goes to visit her friend Kathleen. While visiting, Megan downloads Kathleen's copy of Photoshop onto her computer's random access memory without Kathleen's permission. Megan is guilty of a. copyright infringement. b. patent infringement. c. cybersquatting. d. trademark dilution.

Q: James buys a copy of the book Downpour. Later, after reading the book, James sells it to his sister. Under the first sale doctrine, James's sale of the book is a. legal. b. legal only if the copyright has expired. c. legal only if he sells it for less than he paid for it. d. illegal.

Q: Joey reproduces Mina's copyrighted work Storm on the Mountain without paying royalties. Joey is most likely excepted from liability for copyright infringement under the "fair use" doctrine if a. Joey copies the entire work. b. Joey distributes the copies without charge to the public. c. Joey's use has no effect on the market for Mina's work. d. Joey's use is for a commercial purpose.

Q: Mace copies Nick's book, Mumbai Monsoon, in its entirety and sells it to Parkland Books, Inc., without Nick's permission. Parkland publishes it under Mace's name. This is a. copyright infringement. b. fair use. c. licensing. d. protected expression.

Q: Elvin publishes a book titled First Place, which includes a chapter from Frank's copyrighted book Olympic Winners & Losers. Elvin's use of the chapter is actionable provided a. consumers are confused. b. Elvin's use is intentional. c. Elvin's use reproduces Frank's chapter exactly. d. Elvin does not have Frank's permission.

Q: Go! is a handheld video game featuring races between imaginary creatures and vehicles. The graphics used in the game are protected by a. copyright law. b. patent law. c. trademark law. d. trade secrets law.

Q: Sayers is very clever and spends lots of time creating new things. Which of the following is not copyrightable? a. A sculpture of Sayers's dog b. A book about Sayers's business successes c. A movie about Sayers's life d. Sayers's idea for a new way to play the guitar

Q: Riley invents a new valve to cap undersea oil spills. He names the valve "Great Catch." He also writes the installation manual to be included with each valve. Riley can obtain copyright protection for a. the valve. b. the "newness" of the valve. c. the name. d. the installation manual.

Q: Gas Up, Inc., designs, makes, and sells a fuel injection system that copies Hybrid Corporation's design without Hybrid's permission. This is most likely a. copyright infringement. b. patent infringement. c. trademark infringement. d. a theft of trade secrets.

Q: Stormclouds Inc. makes and markets its U.S. patented Tempest Tablet in the United States. Squalls Ltd., a Chinese firm, begins making and marketing the same product in China as Outburst Pad without Stormclouds's permission. Squalls is a. not guilty of patent infringement. b. guilty of patent infringement. c. guilty of trademark infringement. d. in violation of the America Invents Act.

Q: RiteMade Machinery, Inc., designs, makes, and sells a drill press. Steel Equipment Company copies the design without RiteMade's permission. Steel's conduct is actionable provided that a. consumers are confused. b. Steel's conduct is intentional. c. Steel's conduct reduces the value of RiteMade's design. d. RiteMade's design is patented.

Q: Zoe invents "All for One," new business inventory control software, and applies for a patent. If Zoe is granted a patent, it will protect her product a. for ten years. b. for twenty years. c. for the life of the inventor plus seventy years. d. forever.

Q: Sights Unseen, Inc., (SUI) sells telescopes with distinctively designed lenses and mirrors. Later, without SUI's permission, Telescopes Etc. Corporation begins to sell scopes with identical structures of lenses and mirrors. This is most likely a. copyright infringement. b. patent infringement. c. trademark infringement. d. not infringement.

Q: Ryan invents a pen that digitally "remembers" what is written or drawn with it. To obtain a patent for the pen, Ryan does not have to show that it is a. novel. b. marketable. c. useful. d. not obvious in light of current technology.

Q: Ric designs a new tablet computer that he names "Sci Phi." He also writes the operating manual to be included with each final product. Ric can obtain patent protection for a. the tablet computer. b. the "newness" of the tablet computer. c. the name. d. the operating manual.

Q: E-Shopping Corporation inserts Fiesta Mall, Inc.'s trademark as a meta tag in E-Shopping's Web site's key-words field without Fiesta's permission in a manner that suggests Fiesta authorized the use. This is a. copyright infringement. b. patent infringement. c. trademark infringement. d. no infringement.

Q: Jeannie runs a dude ranch called J Bar B Dude Ranch and has a Web site called www,jbarbduderanch.com. Ben starts another dude ranch and registers a Web site called www,jbarbduderanch.com. Ben is a. cybersquatting. b. cyberstalking. c. not doing anything illegal. d. counterfeiting.

Q: Mary Kate Corporation allows Ashley Company to use Mary Kate's trademark as part of Ashley's domain name. This is a. a license. b. a likelihood of consumer confusion. c. cybersquatting. d. trademark dilution.

Q: Trevor's operates The Spicy Chocolatier Caf chain of restaurants. "The Spicy Chocolatier Caf" is a a. certification mark. b. collective mark. c. service mark. d. trade name.

Q: Which of the following cannot be registered as a trade name? a. Peach Blossom, Certified Public Accountant b. Apples & Oranges, Investment Partnership c. Banana Republic Clothing, Inc. d. Strawberries

Q: Trek Transport Company uses a mark associated with its name to distinguish its services from those of other trucking firms. This mark is a. a certification mark. b. a collective mark. c. a service mark. d. a trade name.

Q: Wendy works as a weather announcer for a TV station under the character name Weather Wendy. Wendy can register her name as a a. a certification mark. b. a collective mark. c. a service mark. d. a trade name.

Q: Billy opens a bicycle shop that sells an innovative new kind of bicycle. He decides to call the bicycles "Bicycles." Billy extensively markets his product, has a high sales volume and becomes well known for selling Bicycles. The term Bicycle a. is automatically protected against trademark infringement. b. receives no protection against trademark infringement. c. can be registered as a trademark to obtain protection against trademark infringement. d. can be registered as a certification mark.

Q: John Jones decides to use his personal name for a line of clothing he is developing. Whether or not the name John Jones acquires a secondary meaning will depend on a. how extensively John markets his line of clothing. b. the market for John's line of clothing. c. the number of clothing sales John makes. d. all of the choices are correct.

Q: In 2012, Online Marketing Corporation registers its trademark as provided by federal law. After the first renewal, this registration a. is renewable every ten years. b. is renewable every twenty years. c. runs for the life of the corporation plus seventy years. d. runs forever.

Q: Li"l Canine Company (LCC) uses a trademark that neither LCC nor anyone else has registered with the government. Under federal trademark law, LCC a. can register the mark for protection. b. cannot register a mark that has been used in commerce. c. has committed trademark infringement. d. must put off registration until the mark is out of use for six months.

Q: Bubbly Cola features Sparkly Cola's trademark without its owner's permission. Bubbly's use of the mark is actionable provided a. consumers are confused. b. Bubbly's use is intentional. c. Bubbly's use reduces the value of Sparkly's mark. d. Sparkly's mark is registered.

Q: Beans Coffee & Cocoa Company makes and sells a chocolate-flavored coffee drink under the name "CoCoCafe." Darkroast Java, Inc., later markets a similar drink under the name "KoKoKafe." This is most likely a. copyright infringement. b. patent infringement. c. trademark infringement. d. a theft of trade secrets.

Q: Trademarks are protected from use on noncompeting goods by a. the Federal Trademark Dilution Act. b. the America Invents Act. c. the Anticybersquatting Consumer Protection Act. d. the Copyright Act.

Q: Paula develops a new espresso machine that she names "Sure Shot." She also writes an operating manual for the machine. Paula can obtain trademark protection for a. the espresso machine. b. the "newness" of the espresso machine. c. the name "Sure Shot." d. the operating manual.

Q: The TRIPS agreement covers computer programs.

Q: Each member country of the TRIPS agreement must include in its domestic laws intellectual property rights.

Q: Anyone who writes a book has automatic international copyright protection.

Q: Information that is not or cannot be protected under trademark, patent, or copyright law may be protected under the law of trade secrets.

Q: Pricing information is not a trade secret.

Q: A customer list is not a trade secret.

Q: A marketing technique can be a trade secret.

Q: Downloading software or music into a computer's random access memory without authorization is copyright infringement.

Q: A copy does not need to be exactly the same as the original to infringe a copyright.

Q: A copyright owner must place a or an on the work to have the work protected from copyright infringement.

Q: It is possible to copyright an idea.

Q: Copyright protection is automaticregistration is not required.

Q: Foreign firms cannot obtain U.S. patent protection on items that they sell in the United States.

Q: Patent infringement is a tort.

Q: To be patentable, an invention, discovery, or design must be novel, useful and not obvious in light of current technology.

Q: Cybersquatting occurs when a person repeatedly visits a business's website.

Q: In cyberspace, no two businesses can use the same domain name.