ACC 324 Chapter 12 Questions

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

90

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

The Fair Use Doctrine

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

Through domain names

A _____ is a process, product, method of operation, or compilation of information that gives a businessperson an advantage over his or her competitors

trade secret

Tying arrangements are illegal.

true

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

Reference: Grooming Dispute. Joshua has a successful dog grooming business called Tub & Dog. He registered the business name for trademark protection. Sandy noticed how well Joshua was doing and opened his own business called Tub & Dog II. Joshua is unhappy about Sandy's use of the name. He is also unhappy because Sandy is copying Joshua's practice of tying a bright orange bandana around each dog's neck immediately after grooming. Joshua sued Sandy for trademark infringement based upon the name and the use of the orange bandana. Sandy replies that one reason Joshua should not prevail is that he is involved primarily in the sale of dog grooming products while Joshua is involved in the grooming of dogs. Sandy claims that his use of the orange bandana is very rare because he does very little grooming. Sandy also defends on the basis that actual confusion among consumers does not exist. Joshua insists that he should prevail and notes that he is considering expanding into the product sales area. Which of the following is true regarding Joshua's claim that the name Sandy chose violates his trademark protection?

A key inquiry is whether a similarity exists which is likely to cause confusion applied from the perspective of prospective purchasers.

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

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

Which of the following was the result in the Case Opener involving the lawsuit brought by Papa John's International, Inc. against former franchises?

All claims were allowed to proceed except for claims of copyright infringement which were dismissed with leave to replead the claim.

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

The World Intellectual Property Organization

Assuming the subject matter of a proposed patent is patentable, which of the following criteria must be satisfied in order for a non-design patent to be granted?

The object of the patent must be novel, useful, and non-obvious. - Assuming the subject matter is patentable, in order for a patent to be granted, the object of the patent must be novel, or new. No one else must have previously made or published the plans for this object. The object must be useful, unless it is a design. It must provide some utility to society. Also, the object must be non-obvious. The invention must not be one that a person of ordinary skill in the trade could have easily discovered.

Reference: "Scuba diving." Marcy invented a new type of mask for scuba divers that was not subject to fogging. She agrees to allow Jenny to manufacture and sell the mask. She receives a sum of money for every mask that Jenny sells. Marcy also entered into an agreement with Frank to allow him to sell the masks but only if he also purchased non-patented diving suits from Marcy. All parties proceeded to do very well with their sales. Marcy's agreement with Jenny allowing Jenny to sell the mask is referred to as which of following?

a license

The protection independent of protection in the country of origin principle of the Berne Convention of 1886:

allows nationals of nonsignatory countries to protect works if they are created in a member country.

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

A _____ mark identifies the producers as belonging to a larger group, such as a trade union.

collective

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

com

_____ protect the expression of creative ideas.

copyrights

A(n) _______________ mark identifies a significant characteristic of the product but is not the common name of the product

descriptive

The _____ doctrine provides that others may reproduce a portion of a copyrighted work for purposes of "criticism, comment, news reporting, teaching, scholarship, and research."

fair-use

. A teacher cannot be held liable for copyright infringement under the fair-use doctrine so long as copies are only used for educational purposes

false

A service mark 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."

false

As discussed in the case in the text, Toys R Us, Inc. v. Canarsie Kiddie Shop, Inc., evidence of actual confusion is a prerequisite for the plaintiff to recover in a trademark infringement action

false

Copyrights protect ideas themselves

false

Property that is primarily the result of mental creativity rather than physical effort is often called:

intellectual property

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 Office under the Lanham Act of 1947

interstate

The _____ principle requires that each member nation protect artists of all signatory nations equally

national treatment

A distinctive mark affixed to a good, its packaging, or its labeling, with a product for identifying the product with the producer such as the Nike "swoosh" is a:

product trademark

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

product trademark

A patent:

protects a product, process, invention, machine, or plant produced by asexual reproduction.

Reference: "Scuba diving." Marcy invented a new type of mask for scuba divers that was not subject to fogging. She agrees to allow Jenny to manufacture and sell the mask. She receives a sum of money for every mask that Jenny sells. Marcy also entered into an agreement with Frank to allow him to sell the masks but only if he also purchased non-patented diving suits from Marcy. All parties proceeded to do very well with their sales. Payments that Marcy would receive from Jenny for the sale of the mask are referred to as which of the following?

royalties

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

service mark

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

suggestive

The main focus of a case of trade-dress infringement is usually on:

the likelihood of consumer confusion

The term _____ means the overall appearance and image of a product

trade dress

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

A person who applies for a domain name on the Internet will be granted the domain name so long as no one else holds that name.

true

Copyrights protect the expression of creative ideas.

true

Network Solutions, Inc. is funded by the National Science Foundation and is responsible for registering domain names on the Internet.

true

The laws of intellectual property protect property that is primarily the result of mental creativity rather than physical effort.

true

Trade dress is entitled to the same protection as a trademark.

true

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

A _____ occurs when the holder issues a license to use the patented object only if the licensee agrees to buy some nonpatented product from the holder

tying arrangement

One criteria for a work to be copyrightable, is

when it is original and creative - A copyright will be granted when a work is set out in a tangible medium of expression, is original, and is creative. Titles and short phrases may not be copyrighted. It is only the expression of the idea that is protected by copyright law, and not the underlying idea.

An invention may be considered a trade secret

True

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 identifying the producers as belonging to a larger group, such as a trade union?

Collective mark

Reference: Grooming Dispute. Joshua has a successful dog grooming business called Tub & Dog. He registered the business name for trademark protection. Sandy noticed how well Joshua was doing and opened his own business called Tub & Dog II. Joshua is unhappy about Sandy's use of the name. He is also unhappy because Sandy is copying Joshua's practice of tying a bright orange bandana around each dog's neck immediately after grooming. Joshua sued Sandy for trademark infringement based upon the name and the use of the orange bandana. Sandy replies that one reason Joshua should not prevail is that he is involved primarily in the sale of dog grooming products while Joshua is involved in the grooming of dogs. Sandy claims that his use of the orange bandana is very rare because he does very little grooming. Sandy also defends on the basis that actual confusion among consumers does not exist. Joshua insists that he should prevail and notes that he is considering expanding into the product sales area. Which of the following is true regarding Joshua's claim of trademark infringement involving the color of the bandana?

Color may be a trademark if it identifies goods with their source

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.

Reference: "Wedding photos." Bobby took a number of wedding photos at Jill's wedding. He was paid as the photographer. On all of the photographs, he appropriately noted in the bottom right-hand corner information showing that he was claiming copyright protection. Jill came to see Bobby three years after the initial photographs were taken and requested that he grant her permission to run off as many copies as she wanted at the local photo shop from the pictures that she initially purchased. The photo shop had refused to reproduce the photographs without his permission. When he refused to give her permission to do so, Jill started a heated argument. She told Bobby that photographs are not entitled to copyright protection. She also told him that even if he was correct that there was some copyright protection, it only lasted for two years and that, in any event, damages for copyright infringement are unavailable. Which of the following is correct regarding Jill's statement pertaining to damages?

Damages are available, but a copyrighted work must be registered in order for the creator to recover damages from infringement

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

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

Generic, descriptive, suggestive, arbitrary or fanciful

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

Every ten years

. Reference: "Grooming Dispute." Joshua has a successful dog grooming business called "Tub & Dog." He registered the business name for trademark protection. Sandy noticed how well Joshua was doing and opened his own business called "Tub & Dog II." Joshua is unhappy about Sandy's use of the name. He is also unhappy because Sandy is copying Joshua's practice of tying a bright orange bandana around each dog's neck immediately after grooming. Joshua sued Sandy for trademark infringement based upon the name and the use of the orange bandana. Sandy replies that one reason Joshua should not prevail is that he is involved primarily in the sale of dog grooming products while Joshua is involved in the grooming of dogs. Sandy claims that his use of the orange bandana is very rare because he does very little grooming. Sandy also defends on the basis that actual confusion among consumers does not exist. Joshua insists that he should prevail and notes that he is considering expanding into the product sales area. What is the effect of Sandy's claim that actual confusion among consumers did not exist?

Evidence of actual confusion is not a prerequisite for the plaintiff to recover

Reference: "Wedding photos." Bobby took a number of wedding photos at Jill's wedding. He was paid as the photographer. On all of the photographs, he appropriately noted in the bottom right-hand corner information showing that he was claiming copyright protection. Jill came to see Bobby three years after the initial photographs were taken and requested that he grant her permission to run off as many copies as she wanted at the local photo shop from the pictures that she initially purchased. The photo shop had refused to reproduce the photographs without his permission. When he refused to give her permission to do so, Jill started a heated argument. She told Bobby that photographs are not entitled to copyright protection. She also told him that even if he was correct that there was some copyright protection, it only lasted for two years and that, in any event, damages for copyright infringement are unavailable. If Bobby decides to register the photographs for copyright protection, how would he go about doing so?

He would register by filing a form with the Register of Copyright and providing two copies of the copyrighted materials to the Library of Congress

Under which of the following is a trademark protected under state common law?

If it is used intrastate

Reference: "Scuba diving." Marcy invented a new type of mask for scuba divers that was not subject to fogging. She agrees to allow Jenny to manufacture and sell the mask. She receives a sum of money for every mask that Jenny sells. Marcy also entered into an agreement with Frank to allow him to sell the masks but only if he also purchased non-patented diving suits from Marcy. All parties proceeded to do very well with their sales. Which of the following describes the agreement between Marcy and Frank?

It is an illegal tying arrangement.

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.

The holder of the patent may license, or allow others to manufacture and sell, the patented object

National treatment

Which of the following is responsible for registering domain names for Internet use?

Network Solutions, Inc.

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.

To obtain trademark protection, a descriptive term must have attained ______________.

Secondary meaning

Reference: "Wedding photos." Bobby took a number of wedding photos at Jill's wedding. He was paid as the photographer. On all of the photographs, he appropriately noted in the bottom right-hand corner information showing that he was claiming copyright protection. Jill came to see Bobby three years after the initial photographs were taken and requested that he grant her permission to run off as many copies as she wanted at the local photo shop from the pictures that she initially purchased. The photo shop had refused to reproduce the photographs without his permission. When he refused to give her permission to do so, Jill started a heated argument. She told Bobby that photographs are not entitled to copyright protection. She also told him that even if he was correct that there was some copyright protection, it only lasted for two years and that, in any event, damages for copyright infringement are unavailable. Which of the following is correct regarding Jill's claim regarding copyright protection on a photograph only extending for a maximum of two years?

She is incorrect, and a copyrighted work that is reproduced with the appropriate notice affixed is protected for the life its creator plus seventy years.

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

Reference: "Wedding photos." Bobby took a number of wedding photos at Jill's wedding. He was paid as the photographer. On all of the photographs, he appropriately noted in the bottom right-hand corner information showing that he was claiming copyright protection. Jill came to see Bobby three years after the initial photographs were taken and requested that he grant her permission to run off as many copies as she wanted at the local photo shop from the pictures that she initially purchased. The photo shop had refused to reproduce the photographs without his permission. When he refused to give her permission to do so, Jill started a heated argument. She told Bobby that photographs are not entitled to copyright protection. She also told him that even if he was correct that there was some copyright protection, it only lasted for two years and that, in any event, damages for copyright infringement are unavailable. Which of the following is correct regarding Jill's claim that photographs are not subject to copyright protection?

She is incorrect. Photographs may be the subject of copyright protection

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

The Berne Convention of 1886

Reference: Grooming Dispute. Joshua has a successful dog grooming business called Tub & Dog. He registered the business name for trademark protection. Sandy noticed how well Joshua was doing and opened his own business called "Tub & Dog II." Joshua is unhappy about Sandy's use of the name. He is also unhappy because Sandy is copying Joshua's practice of tying a bright orange bandana around each dog's neck immediately after grooming. Joshua sued Sandy for trademark infringement based upon the name and the use of the orange bandana. Sandy replies that one reason Joshua should not prevail is that he is involved primarily in the sale of dog grooming products while Joshua is involved in the grooming of dogs. Sandy claims that his use of the orange bandana is very rare because he does very little grooming. Sandy also defends on the basis that actual confusion among consumers does not exist. Joshua insists that he should prevail and notes that he is considering expanding into the product sales area. To what concept is the issue of whether Joshua intends to expand into the area of dog grooming product sales relevant in a consideration of trademark infringement?

The possibility of bridging the gap

Which of the following is one of the basic principles of the Paris Convention of 1883?

The right of priority

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.

Sally, a friend of yours who just finished college and was hired at the local high school, wants to copy a number of articles from her class. She heard that you are taking business law and asks if you see any problem with her copying the articles. Based on the case in the text, Princeton University Press v. Michigan Document Services, Inc., what would you tell her?

There are federal Classroom Guidelines on the issue and that you need to know more before you can advise her

Which of the following is true of trademark dilution laws?

Trademark dilution laws prohibit the use of "distinctive" or "famous" trademarks, even in the absence of consumer confusion.