BUL chp 12

A registrant may lose registration of a domain name for Internet usage by not using it for more than ___________ days.

. 90

With which of the following does a business website address end?

.com

With which of the following does a government website address end?

.gov

With which of the following does a network website address end?

.net

With which of the following does an organization website address end?

.org

Which of the following is true regarding what may be the subject of a patent?

A product, a process, an invention, or a plant produced by asexual reproduction may be the subject of a patent.

Which of the following is true regarding trade secret protection?

A trade secret is protected from unlawful appropriation by competitors as long as it is kept secret and consists of elements not generally known in the trade.

When a patent is issued for an object, it gives its holder the exclusive right to produce, sell, and use the object of the patent for __________ years from the date of application.

Twenty

Bob properly filed for a patent on a new machine with the U.S. Patent and Trademark Office. Alice who had been working on the same type of machine was furious when she learned about Bob's filing. She presented proof that she had actually invented the machine first but had not yet prepared the paperwork for filing at the time of Bob's filing. Assuming no wrongdoing on the part of either party and that they developed the machine independently, which of the following is the correct resolution of the dispute?

Under the America Invents Act, Bob will control rights to the patent because he was the first to file.

In which of the following orders of ascending strength may marks fall?

Generic, descriptive, suggestive, arbitrary or fanciful

Once a trademark is registered today, when must it be renewed for the first time?

Between the fifth and sixth year.

Which of the following 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"?

Certification mark

Which of the following is a mark identifying the producers as belonging to a larger group, such as a trade union?

Collective mark

Which of the following is false regarding trade secret protection?

Competitors may not discover trade secrets by doing reverse engineering.

Which of the following is an example of a product developing secondary meaning?

Customers identify a certain color as identifying a company's product

If a trademark is registered, what may the owner obtain in the event of infringement from a person who used the trademark to pass off goods as being those of the mark owner?

Damages and an injunction prohibiting the infringer from using the mark

A[n] _______________ mark identifies a significant characteristic of the product but is not the common name of the product.

Descriptive

As referenced in the case in the text, Toys "R" Us Inc., v. Canarsie Kiddie Shop Inc., which of the following is true regarding generic terms?

Generic terms are not eligible for protection as trademarks.

After the initial renewal, assuming a trademark was initially registered after 1990, how often must the trademark be renewed?

Every ten years.

Which of the following consists of the fruits of one's mind?

Intellectual property

To be protected in ____________ use, a trademark must be registered with the U.S. Patent and Trademark Office under the Lanham Act of 1947.

Interstate

When trademark infringement is alleged, what is the effect of actual confusion?

It is not a prerequisite for the plaintiff to recover but it is a strong indication that there is a likelihood of confusion.

Which of the following is true regarding the No Electronic Theft Act?

It provides that it is illegal for a person to reproduce, even for no financial gain, the copyrighted work of another; and criminal penalties including imprisonment for up to five years may be imposed.

Which of the following is a principle of The Paris Convention of 1883?

National treatment

If a trademark is unregistered, which of the following may the holder recover when an infringer uses the mark to pass off goods as being those of the mark owner?

Only an injunction prohibiting the infringer from using the mark.

Which of the following is a mark affixed to a good, its packaging, or its labeling?

Product trademark

As recognized in the case in the text, Toys "R" Us Inc., v. Canarsie Kiddie Shop Inc., to obtain trademark protection, a descriptive term must have attained ____________.

Secondary meaning

Which of the following is a mark used in conjunction with a service?

Service mark

Which of the following was developed by the United Nations as an alternative for countries who wanted to participate in some form of multilateral protection of copyrights, but did not want to agree to the terms of the Berne Convention?

The Universal Copyright Convention

Which of the following administers international treaties pertaining to the protection of intellectual property?

The World Intellectual Property Organization

A[n] ____________ mark is one that requires imagination, thought, and perception to reach a conclusion as to the nature of the goods.

Suggestive

Which of the following was the result at the trial court level in the Case Opener involving Apple's claim that Samsung copied Apple's design of the iPhone and iPad and Samsung's claim that Apple infringed Samsung's patents?

That Samsung infringed Apple's patents but that Apple did not infringe Samsung's patents.

Which of the following was the result on appeal in Crown Awards Inc., v. Discount Trophy & Communication Inc., the case in the text involving whether the defendant violated the plaintiff's copyright on a type of trophy?

That the facts established a reasonable possibility that the manufacturer had access to the plaintiff's work and that considering the similarities between the works, the plaintiff was entitled to prevail.

Which of the following was the result at the U.S. Supreme Court level in Metro-Goldwyn-Mayer studios Inc., v. Grokster Ltd., the case in the text in which the Court addressed the legality of the defendants allowing users to share digital, typical music, files?

That there was no evidence that the defendants acted to promote infringement and that, therefore, the district court properly dismissed the lawsuit.

Which of the following is the oldest treaty designed to protect artistic rights?

The Berne Convention of 1886

Which of the following provides that a portion of a copyrighted work may be reproduced for purposes of criticism, comment, news reporting, teaching, scholarship, and research?

The Fair Use Doctrine

Which of the following is true regarding whether the shape of a product or package may be a trademark?

The shape of a product or package may be a trademark if it is nonfunctional.

Which of the following is the way people and businesses are located on the web?

Through domain names

A[n] ________ is a distinctive mark, word, design, picture, or arrangement that is used by a producer in conjunction with a product and tends to cause consumers to identify the product with the producer.

Trademark