Quiz Review
Which of the following is required before there is considered "use" of a trademark to give rise to trademark protection?
All of the above
A "merely descriptive" mark can never obtain trademark protection.
False
A mathematical principle can be patented so long as it can be implemented on a computer.
False
A trademark must be federally registered before the USPTO before a person obtains any rights in the trademark.
False
Although anyone with standing may bring an action for violation of their right of publicity, typically only celebrities and other similarly famous people will prevail.
False
An action for violation of the right of publicity cannot be combined with any other cause of action. Thus, for example, an action alleging appropriation could not also allege trademark infringement.
False
An award of "treble damages" refers to a party being ordered by a court to stop using a trademark in a particular way.
False
Consider the use of the term "Apple" as discussed in the video lecture and evaluate this statement: only one person or company may use the name "apple" at a time without creating a trademark infringement.
False
Federal law involving trademark is not concerned about fair competition between businesses but is instead focues on protecting new and useful invention.
False
Ideas are patentable
False
Law governing the right of publicity is found exclusively in federal statutes.
False
Patents are similar to trademarks and copyrights in that they arise from use or creation and need not be registered or applied for with any government agency to be valid.
False
Some things can never be used as trademarks, such as colors or sounds.
False
The right of publicity protects only the use of a person's name.
False
The term of protection for utility, design, and plant patents is the same.
False
The usefulness required for an invention in order to be patented is either present or future usefulness.
False
Trademark law in the United States is goverened exclusively under federal law and there is no state trademark law.
False
Unlike copyright, trademarks must be registered before a trademark owner receives any legal protection.
False
When evaluating the "likelihood of confusion," courts will never consider evidence of whether a party intended to infringe on someone else's trademark when using a mark.
False
Which of the following type of mark can never receive trademark protection?
Generic marks
Which of the following is NOT a purpose of trademark protection?
To protect creative original works of authorship
"Apple" may be a generic mark when used to refer to the fruit but an "arbitrary" mark when used to refer to consumer electronics.
True
An "arbitrary" trademark uses a common word or symbol and applies it an an uncommon way to a good or service unrelated to the mark.
True
An abstract idea cannot be patented.
True
Any public use anywhere in the world prior to the application date for a patent will preclude the granting of a patent (unless the disclosure was made by the inventor or one who derived the subject matter from the inventor).
True
As a property right, the right of publicity in most states generally can pass to one's heirs upon death.
True
Disputes between Apple Computer and Apple Records lasted an extensive period of time and resulted in Apple Computer buying trademark rights from Apple Records.
True
Examples of trademarks that have been issued include the colors used for a John Deere tractor and the color brown used by UPS.
True
If an item is entirely functional and has no ornamental or decorative aspect, it cannot be the subject of a design patent.
True
In the case of Apple Computers versus Apple Records, Apple Records would be considered the "senior user" of the Apple mark because it used the mark first.
True
Naturally occurring substances cannot be patented.
True
One of the advantages of federal trademark registration is that additional remedies are available to the trademark holder if the mark is violated.
True
Patent law is federal in nature and is governed by federal statutes.
True
Processes are patentable
True
Substitution of one material for another in an invention or mere changes in size are ordinarily not patentable because they are obvious.
True
The federal law regarding trademark is referred to as the "Lanham Act."
True
The protections provided by trademark law are non-exclusive, meaning that under certain circumstances others can use a word or name that is trademarked by someone else.
True
Trademarks are based on the first to use the mark, which is called the "senior user."
True
Under patent law, inventors can enjoin the making, using, or selling or importing of an infringing invention even if it was independently created and does not copy the patented invention.
True
When considering whether there is a likelihood of confusion between trademarks, the courts will consider among other things the "strength" of the trademark.
True
Word marks such as "aspirin," "laundromat," "dumpster," "airshow," and "dry ice" all began as fanciful trademarks, but some of these have now become generic terms for a particular type of product.
True
