LAW 3220 Ch9 Questions

The registration process of trademarks is provided by: a. the Lanham Act b. the Carver Act c. the Trademark Act d. the Intellectual Property Act e. the Second Amendment

a. the Lanham Act

A trademark or service mark that is used in commerce by members of a cooperative, an association, or other collective group or organization is a(n): a. trade dress b. trade service c. trade symbol d. collective mark e. union mark

d. collective mark

A trademark would not include a: a. phrase b. name c. design d. word e. all of the other choices could be trademarks

e. all of the other choices could be trademarks

Protection for intellectual property dates back to: a. the Constitution b. soon after the Civil War c. the early 1900s d. the 1950s e. the 1960s

a. the Constitution

The is responsible for issuing patents. a. Commissioner of Patents and Trademarks b. Protector of Property c. Commissioner of Intellectual Property d. Secretary of State e. Supreme Court

a. Commissioner of Patents and Trademarks

In Latin American Music v. Media Power Group, where radio station owner Media was sued by Latin for copyright infringement for playing music without a license, the appeals court held that: a. Media's infringements were "innocent" so it did not have to pay any damages b. Media's infringements were "innocent" so it had to pay only $200 per download c. Media's infringements were "knowing" so it would pay $750 per download d. Media did not infringe because copyright law does not apply to music e. none of the other choices are correct

a. Media's infringements were "innocent" so it did not have to pay any damages

In Bowman v. Monsanto, where Bowman used Monsanto's patented Roundup Ready seeds and, in violation of the contract provided by Monsanto, kept seeds from his crop to use next year so that the seeds had the genetic composition of the Monsanto seeds. The Supreme Court held that: a. Monsanto could prevent Bowman from making new patented seeds b. Monsanto's patented product could not be sold with restrictions on use c. Monsanto's patent had expired by the time of the litigation, so the case was moot d. Monsanto's patent had been incorrectly granted as it applied to genetic material e. none of the other choices are correct

a. Monsanto could prevent Bowman from making new patented seeds

Trade dress refers to: a. a commercial symbol that concerns the "look and feel" of a product b. a commercial symbol that concerns the production of a product c. a private symbol that concerns the heritage of a family d. a private symbol that concerns the "look and feel" of a company's reputation e. a company's dress code

a. a commercial symbol that concerns the "look and feel" of a product

In Audi AG v. D'Amato, where Audi sued D'Amato for trademark violations for selling Audi logo goods on his website audisport.com, D'Amato claimed that there could not be any consumer confusion because he had a disclaimer on his website. The appeals court held that: a. a disclaimer does not absolve D'Amato of liability for his unlawful use of marks identical to Audi's trademarks b. a disclaimer absolves D'Amato of liability for his unlawful use of marks identical to Audi's trademarks c. the disclaimer would have absolved D'Amato of liability if it had been in more languages d. the disclaimer would have absolved D'Amato of liability if it had been longer e. the disclaimer was not legitimate because it was written by D'Amato and not by an attorney

a. a disclaimer does not absolve D'Amato of liability for his unlawful use of marks identical to Audi's trademarks

In Bohnsack v. Varco, inventor Bohnsack discussed selling an invention to Varco for it produce but no agreement was reached. Bohnsack later claimed Varco stole the idea and filed for a patent on the idea. He sued Varco for theft of trade secret. The appeals court held that: a. a jury could find that Varco knowingly misappropriated a trade secret so owed damages based on the value of the secret b. a reasonable jury could not find that Varco knew that the ideas Bahnsack provided were considered trade secrets c. even if Varco stole trade secrets, Bahnsack did not show there was any market value in his ideas, so there would be no damages d. even if Varco stole trade secrets, the information Bahnsack provided had not been adequately protected so were in the public domain e. none of the other choices are correct

a. a jury could find that Varco knowingly misappropriated a trade secret so owed damages based on the value of the secret

Goodwill is: a. a major intangible asset b. not important to companies c. a major tangible asset d. a minor intangible asset e. something easily quantified

a. a major intangible asset

A service mark is: a. a trademark for a service b. a catchphrase c. an illegal trademark d. a symbol that can be traded between companies e. none of the other choices are correct

a. a trademark for a service

To earn protection under the Lanham Act a product must be: a. inherently distinctive b. functional c. sold in at least 5 states d. recognized by most people e. none of the other choices are correct

a. inherently distinctive

Trademarks, trade names, patents, and copyrights represent a category of property called: a. intangible property b. tangible property c. real property d. statutory property e. personal property

a. intangible property

_____________ is property that may be invisible and impossible to hold. a. intangible property b. good property c. real property d. temporary property e. actual property

a. intangible property

Intangible property is property that: a. is invisible and impossible to hold b. is tangible and concrete c. is not taxable d. is not for sale e. cannot be sold for profit

a. is invisible and impossible to hold

Counterfeit goods: a. may be seized and destroyed b. may be sold so long as identified as "not original" c. may be sold so long as identified as "not approved" d. may be sold so long as identified as "not genuine" e. none of the other choices

a. may be seized and destroyed

In Audi AG v. D'Amato, where Audi sued D'Amato for trademark violations for selling Audi logo goods on his website audisport.com, the appeals court held that it would consider certain factors about possible infringement; the factors do not include: a. revenue captured by defendant b. similarity of the marks c. strength of plaintiff's mark d. evidence of actual confusion by consumers e. all of these are factors considered by the court

a. revenue captured by defendant b. similarity of the marks

Under the common law trade name protection belongs to: a. the first to use the name in a given area of business b. the company that makes the highest bid c. the company that has the most market share d. the first to use the name for more than 5 years in a given area of business e. none of the other choices are correct

a. the first to use the name in a given area of business

In U.S. v. Yang, Yang was accused of bribing a company employee to buy confidential information. The appeals court held that: a. the intent to steal trade secrets was all that was necessary to convict Yang b. more than intent to steal trade secrets was necessary to convict Yang c. Yang did not understand U.S. laws and so could not be convicted d. the Economic Espionage Act does not apply to international companies e. none of the other choices are correct

a. the intent to steal trade secrets was all that was necessary to convict Yang

"Inherently distinctive" trade dress is protected under the: a. Property Act b. Lanham Act c. Shelton Act d. Copyright Act e. Trade Dress Act

b. Lanham Act

In Bowman v. Monsanto, where Bowman used Monsanto's patented Roundup Ready seeds and, in violation of the contract provided by Monsanto, kept seeds from his crop to use next year so that the seeds had the genetic composition of the Monsanto seeds. The Supreme Court held that: a. Monsanto's patent only extended to seeds it sold so there was no infringement b. Monsanto's patented product could be sold with restrictions, which Bowman violated c. Monsanto's patent had expired by the time of the litigation, so the case was moot d. none of the other choices are correct

b. Monsanto's patented product could be sold with restrictions, which Bowman violated

The orange exterior of Home Depot stores is an example of: a. a patent b. a trade dress c. a service mark d. a certification mark e. none of the other choices are correct

b. a trade dress

Which is not a form of intellectual property? a. trademarks b. buildings c. copyrights d. trade secrets e. patents

b. buildings

As long as the owner continues to use and protect the trademark, the trademark's exclusive use: a. can last up to 5 years b. can be perpetual c. can be used by others in non-profit endeavors d. can last up to, but not more than, 25 years e. none of the other choices are correct

b. can be perpetual

Which of the following factors is not relevant in considering whether a use of copyrighted material is fair use not requiring payment? a. the purpose of the copying b. if the copyright is owned by a non-profit organization c. the extent of the copying d. the effect of the copying on the market for the work e. none of the other choices; all are relevant

b. if the copyright is owned by a non-profit organization

Adidas is a famous trademark. If another company sold shoes called addidas that would be: a. cybersquatting b. infringement c. conversion d. defamation e. none of the other choices; there is no legal problem

b. infringement

Intellectual property owners can sue for if their intellectual property is used without authorization. a. battery b. infringement c. slander d. hearsay e. emotional distress

b. infringement

Intellectual property is created by: a. physical labor b. intellectual effort c. standard industry processes d. strictly unwritten methods e. when groups of more than three individuals agree on an idea

b. intellectual effort

The International Silk Association uses the motto "Only silk is silk." That is a: a. trademark b. service mark c. trade dress d. certification mark e. trade name

b. service mark

Suppose a company steals a commercial trade secret from another company: a. there may be criminal prosecution under the Federal Trade Secrets Act b. there may be criminal prosecution under the Economic Espionage Act c. there may be criminal prosecution under the Trade Secret Protection Act d. there may be criminal prosecution under the American Economic Data Act e. none of the other choices

b. there may be criminal prosecution under the Economic Espionage Act

The law of copyright gives a copyright owner all of the following rights except the right: a. to reproduce the work b. to claim public domain works c. to perform the work in public d. to display the work e. to publish the work

b. to claim public domain works

The Lanham Act does not protect: a. trademarks b. trade names c. copyrights d. all of the other specific choices are correct e. none of the other specific choices are correct

b. trade names

The Copyright Office registers more than copyrights annually. a. 1 million b. 2 million c. 600,000 d. 900.000 e. there are no statistics kept on how many copyrights are registered

c. 600,000

Most copyrighted materials now have protection for the life of the author plus: a. 20 years, the same as the European Union b. 50 years, the same as the European Union c. 70 years, the same as the European Union d. 50 years, the same as the UN Convention e. 75 years, the same as the UN Convention

c. 70 years, the same as the European Union

Private parties can obtain search-and-seizure orders to grab counterfeit goods under the: a. Sherman Act b. Counterfeit Goods Act c. Lanham Act d. Copyright Infringement Act e. Fifth Amendment

c. Lanham Act

In Bohnsack v. Varco, inventor Bohnsack discussed selling an invention to Varco for it produce but no agreement was reached. Bohnsack later claimed Varco stole the idea and filed for a patent on the idea. He sued. The courts held that: a. Varco's patent was invalid due to possible theft of information b. Bohnsack's invention was public information so was not a secret and could not be patented c. Varco owed Bohnsack damages for misappropriation of a trade secret d. Bohnsack would collect treble damages under Wisconsin's Uniform Trade Secrets Act e. none of the other choices

c. Varco owed Bohnsack damages for misappropriation of a trade secret

The formula for Coca-Cola is: a. patented b. copyrighted c. a trade secret d. trade dress e. none of these

c. a trade secret

Which of the following is an example of intangible property: a. computers b. furniture c. copyrights d. land e. all of the other specific choices are correct

c. copyrights

Nike does not sell televisions, but suppose some company began to market televisions called Nike. That would be: a. cybersquatting b. slander of title c. dilution d. trespass e. none of the other choices; there is no legal problem

c. dilution

Which of the following is a legal protection associated with registering a trademark: a. state payment of court fees associated with suing for infringement b. legal assistance by Trademark Office in case of challenge to mark c. federal court jurisdiction, if desired d. all of the other specific choices are correct e. none of the other specific choices are correct

c. federal court jurisdiction, if desired

Which of the following is a legal protection associated with registering a trademark: a. state payment of court fees associated with suing for infringement b. legal assistance by Trademark Office in case of challenge to mark c. forming the basis for obtaining registration in other nations d. all of the other specific choices are correct e. none of the other specific choices are correct

c. forming the basis for obtaining registration in other nations

The benefit or advantage of having an established business and secured customers is: a. trade dress b. trade secret c. goodwill d. brand name e. none of the other choices

c. goodwill

In Wal-Mart v. Samara Brothers, where Wal-Mart was accused of copying the design of children's clothing, the Supreme Court held that for trade dress protection to exist, the good or service must: a. be registered with the Trademark office b. be "original" c. have secondary meaning d. all of the other specific choices e. none of the other choices

c. have secondary meaning

In Audi AG v. D'Amato, where Audi sued D'Amato for trademark violations for selling Audi logo goods on his website audisport.com, the appeals court held that D'Amato: a. did not engaged in cybersquatting due to active use of the name b. sold stolen Audi goods c. infringed on Audi's trademark d. had a right to the domain name e. all of the other choices

c. infringed on Audi's trademark

The law provides protection to intellectual property owners through which legal action? a. malicious prosecution b. assault c. infringement d. slander e. infliction of emotional distress

c. infringement

One advantage of a patent is that: a. the owner has exclusive rights to its use for the length of his life b. it never expires c. it provides strong legal protection for its life d. the owner may not be sued for 15 years e. it is automatically registered worldwide

c. it provides strong legal protection for its life

Which of the following is a legal protection associated with registering a trademark: a. state payment of court fees associated with suing for infringement b. legal assistance by Trademark Office in case of challenge to mark c. nationwide notice of the trademark owner's claim

c. nationwide notice of the trademark owner's claim

Many historians believe that the U.S. system of inexpensive, reliable patents: a. were detrimental to the U.S.'s efforts to become a major industrial power b. had no role in turning the country into a major industrial power c. played a major role in turning the country into a major industrial power d. were influential in bring about the two party political system e. none of the other choices are correct

c. played a major role in turning the country into a major industrial power

The registration of a trademark does not include which legal protection? a. better coverage in other nations b. federal court jurisdiction c. preventing imported fake goods d. nationwide notice e. all of these are part of legal protection provided

c. preventing imported fake goods

Traditionally, the right to trademark protection was determined by: a. federal statute b. administrative regulation c. priority of use d. national registration e. by the U.S. Trademark Office

c. priority of use

When registering a trademark the applicant must submit a copy of the mark, which is referred to as a(n): a. trademark b. sample c. specimen d. description e. example

c. specimen

In New York Times Co. v. Tasini, involving the electronic database reproduction of previously published newspaper articles, the Supreme Court held that: a. the publisher newspaper had the reproduction rights as derivative works b. the publisher newspaper had the reproduction rights since they were "works for hire" c. the article authors had the reproduction rights d. electronic reproduction is not subject to the Copyright Act e. none of the other choices

c. the article authors had the reproduction rights

Which of the following is true of a trade secret: a. it is known by the competition b. it is copyrighted c. the owner has taken reasonable steps to protect the secret from disclosure d. all of the other specific choices are correct e. none of the other specific choices are correct

c. the owner has taken reasonable steps to protect the secret from disclosure

In Two Pesos, Inc. v. Taco Cabana, Inc. the Supreme Court held that a Mexican-style restaurant could not copy the decor of a competitor because of the law protecting: a. copyrights b. patents c. trade dress d. trade names e. trade secrets

c. trade dress

Infringement is: a. using legally obtained intellectual property for criminal activity b. wrongful use of intellectual property with the owner's permission c. wrongful, unauthorized use of intellectual property in violation of the owner's rights d. wrongful, authorized use of intellectual property in violation of the owner's rights e. none of the other choices are correct

c. wrongful, unauthorized use of intellectual property in violation of the owner's rights

Musical compositions make up about what percent of the copyrights issued each year: a. 25% b. 90% c. 100% d. 50% e. 10%

d. 50%

The motto "Union Made in the USA" is a: a. trademark b. service mark c. trade dress d. certification mark e. trade name

d. certification mark

The is responsible for registering copyrights. a. Patent Office b. Commissioner of Patents and Trademarks c. Commissioner of Patents and Copyrights d. Copyright Office e. Intellectual Property Office

d. Copyright Office

Under the "whoever, with intent to convert a trade secret that is related to or included in a product that is produced for or placed in interstate or foreign commerce to the economic benefit of anyone other than the owner thereof, and intending or knowing that the offense will injure any owner of that trade secret" is subject to prosecution. a. Trade Secret Protection Act b. Economic Protection Act c. International Patent Protection Act d. Economic Espionage Act e. none of the other choices are correct

d. Economic Espionage Act

A patent may not be issued for: a. a process b. a manufacture c. a composition of matter d. a theory e. it may be issued for any of the other choices

d. a theory

In Wal-Mart v. Samara Brothers, where Wal-Mart was accused of copying the design of children's clothing, the Supreme Court held that for trade dress protection to exist, the good or service must: a. be distinctive b. be identified as to origin c. have secondary meaning d. all of the other specific choices e. none of the other choices

d. all of the other specific choices

Which of the following is a defense in a suit involving violation of a trademark: a. fair use, such as to mention a mark in comparative advertising b. noncommercial uses, such as parody or editorial commentary c. news reporting or educational use d. all of the other specific choices are correct e. none of the other specific choices are correct

d. all of the other specific choices are correct

Which of the following could be a trade secret? a. a mathematical formula b. a cake recipe c. list of clients d. all of the specific choices could be a trade secret e. none of the other choices could be a trade secret

d. all of the specific choices could be a trade secret

The Copyright Act allows fair use of copyrighted material in which of the following: a. to produce a news report about the material b. to criticize the material c. for teaching or scholarship d. for all of the other specific choices e. for none of the other choices unless permission is received

d. for all of the other specific choices

The owners of trademarks often know there are counterfeit goods being sold with real-looking trademarks. To obtain relief the mark owners often: a. get permission from the Trademark Office to seize the counterfeits b. convince the Trademark Office to send its agents to seize the goods c. sue in federal court for damages and an injunction; the sales may not be stopped before the court considers the issue at trial d. get a warrant to seize the goods, which may be done by a private investigator with police help e. none of the other choices

d. get a warrant to seize the goods, which may be done by a private investigator with police help

Of the approximately 190,000 patents issued annually by the Commissioner of Patents and Trademarks: a. two-thirds are to Americans and one-third is to foreigners b. all are to Americans c. all are to foreigners d. half are to Americans and half are to foreigners e. two-fifths are to Americans and three-fifths are to foreigners

d. half are to Americans and half are to foreigners

The registration of a trademark does not include which legal protection? a. better coverage in other nations b. federal court jurisdiction c. helping prevent imported fakes d. legal assistance by Trademark Office in case of challenge to mark e. all of these are part of legal protection provided

d. legal assistance by Trademark Office in case of challenge to mark

In Feist Publications v. Rural Telephone Service Co., involving the copying of white-page telephone listings, the Supreme Court held that: a. the copying violated the valid copyright of the telephone company b. the copying violated the valid copyright of the telephone company only if there was commercial gain by the copier c. copyright owners have moral rights in their copyrighted material that cannot be changed without permission d. public facts not presented in an original manner cannot be copyrighted, so no violation e. none of the other choices

d. public facts not presented in an original manner cannot be copyrighted, so no violation

A commercial symbol that concerns the "look and feel" of a product is known as: a. trademark b. trade name c. service mark d. trade dress e. appearance mark

d. trade dress

Which of the following is an example of intangible property: a. computers b. furniture c. land d. trade secrets e. all of the other specific choices are correct

d. trade secrets

The term of copyright protection is: a. 10 years b. 17 years c. the life of the author d. the life of the author plus 21 years e. 95 years for a work for hire

e. 95 years for a work for hire

A trademark may be a: a. logo b. word c. design d. phrase e. all of the other choices

e. all of the other choices

Which is not a form of intellectual property? a. trademarks b. copyrights c. trade secrets d. patents e. all of the other choices are forms of intellectual property

e. all of the other choices are forms of intellectual property

In Audi AG v. D'Amato, where Audi sued D'Amato for trademark violations for selling Audi logo goods on his website audisport.com, the appeals court held that it would consider certain factors about possible infringement. Which of the following is a factor considered when determining whether there is a "likelihood of confusion": a. strength of plaintiff's mark b. relatedness of the goods c. similarity of the marks d. evidence of actual confusion e. all of the other specific choices are correct

e. all of the other specific choices are correct

Which of the following is an example of intangible property: a. computers b. furniture c. land d. patents e. all of the other specific choices are correct

e. all of the other specific choices are correct

Which of the following is an example of intangible property: a. trademarks b. copyrights c. patents d. trade secrets e. all of the other specific choices are correct

e. all of the other specific choices are correct

In New York Times Co. v. Tasini, involving the electronic database reproduction of previously published newspaper articles, the Supreme Court held that: a. the publisher newspaper had the reproduction rights as derivative works b. the publisher newspaper had the reproduction rights since they were "works for hire" c. the publisher newspaper had the reproduction rights under the Copyright Term Extension Act of 1998 d. electronic reproduction is not subject to the Copyright Act e. none of the other choices

e. none of the other choices

Intellectual property is created by: a. physical labor b. when groups of more than three individuals agree on an idea c. standard industry processes d. strictly unwritten methods e. none of the other choices are correct

e. none of the other choices are correct

Unlike in the United States, in Europe patents for surgery methods: a. expire in 10 years b. are very common c. can be obtained only after a 5 year waiting period d. cost more than other types of patents e. none of the other choices are correct

e. none of the other choices are correct