business law chapter 12

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 ____________. A. Secondary meaning B. Primary meaning C. Primary application D. Secondary application E. Secondary acknowledgement

A

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? A. Generic terms are not eligible for protection as trademarks. B. The rule that generic terms are ineligible for protection as trademarks does not apply to words that designate an entire species of products. C. The rule that generic terms are ineligible for protection as trademarks does not apply to sub-classifications or varieties of goods. D. Generic terms are eligible for protection as trademarks only if they have been used for at least ten years. E. Generic terms are eligible for protection as trademarks only if they have been used for at least seven years.

A

Which of the following is a principle of The Paris Convention of 1883? A. National treatment B. Nonconditional protection C. Complex treatment D. Enforcement priority E. Treaty affirmation

A

With which of the following does a government website address end? A. .gov B. .edu C. .net D. .org E. .com

A

To be protected in ____________ use, a trademark must be registered with the U.S. Patent and Trademark Office under the Lanham Act of 1947. A. Interstate B. Intrastate C. Interstate and intrastate D. Commercial E. Interstate, intrastate, and commercial

A

When trademark infringement is alleged, what is the effect of actual confusion? A. It is not a prerequisite for the plaintiff to recover but it is a strong indication that there is a likelihood of confusion. B. It is a prerequisite for the plaintiff to recover. C. It is a weak indication that there is a likelihood of confusion. D. It is a strong indication that the plaintiff will bridge the gap. E. It is a strong indication that there is a likelihood of confusion and also that the plaintiff will bridge the gap.

A

Which of the following is a mark affixed to a good, its packaging, or its labeling? A. Product trademark B. Collective mark C. Certification mark D. Service mark E. Physical activity mark

A

Which of the following is an example of a product developing secondary meaning? A. Customers identify a certain color as identifying a company's product. B. Customers hear of the term through a secondary source such as media advertising. C. A company has illegally misappropriated a trademark and has used it in second place to identify a product. D. A company has agreed to only use a trademark secondarily after the primary user has abandoned it. E. A product has secondary meaning in the minds of consumers as to usefulness.

A

Which of the following is false regarding trade secret protection? A. Competitors may not discover trade secrets by doing reverse engineering. B. Competitors may discover secrets by going on public tours of plants and observing the use of the trade secret. C. Lawful discovery of a trade secret means there is no longer a trade secret to be protected. D. A company's client list may be considered a trade secret. E. There is no registration of trade secrets.

A

Which of the following is true regarding trade secret protection? A. 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. B. A trade secret is protected from unlawful appropriation by competitors for ten years. C. A trade secret is protected from unlawful appropriation by competitors for twenty years. D. A trade secret is protected from unlawful appropriation by competitors for thirty years as long as it is kept secret and consists of elements not generally known in the trade. E. A trade secret is protected from unlawful appropriation by competitors for seventy years.

A

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? A. The Universal Copyright Convention B. The Agreement on Trade-Related Aspects of Intellectual Property Rights C. The Paris Convention D. The Signatory Agreement E. The US-Soviet Agreement

A

After the initial renewal, assuming a trademark was initially registered after 1990, how often must the trademark be renewed? A. Every nine years. B. Every ten years. C. Every eleven years. D. Every twelve years. E. Every thirteen years.

B

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? A. Only damages. B. Only an injunction prohibiting the infringer from using the mark. C. An additional amount of damages computed as a multiplier of 5 times the original damages. D. Damages, an injunction prohibiting the infringer from using the mark, and additional damages based on a multiplier of 5 times the original damages. E. Damages and an injunction prohibiting the infringer from using the mark.

B

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. A. Ten B. Twenty C. Thirty D. Forty E. Fifty

B

Which of the following is a mark identifying the producers as belonging to a larger group, such as a trade union? A. Product trademark B. Collective mark C. Certification mark D. Service mark E. Physical activity mark

B

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? A. That the defendants had no responsibility to develop filtering tools or other mechanisms to diminish infringing activity and that the district court properly dismissed the lawsuit. B. That there was no evidence that the defendants acted to promote infringement and that, therefore, the district court properly dismissed the lawsuit. C. That there was no evidence that the defendants profited from the site allowing file sharing and that, therefore, the district court properly dismissed the lawsuit. D. That the district court properly dismissed the suit because the system at issue had both legal and illegal uses. E. That the district court improperly dismissed the suit because a distributor who promotes infringement and takes steps to foster infringement is liable for infringement by third parties.

B

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? A. That Apple infringed Samsung's patents but that Samsung did not infringe Apple's patents. B. That Samsung infringed Apple's patents but that Apple did not infringe Samsung's patents. C. That Samsung did not infringe Apple's patents and that Apple did not infringe Samsung's patents. D. That Apple infringed Samsung's patents, that Samsung infringed Apple's patents, and that damages would be awarded to both parties. E. That Samsung infringed Apple's patents, that Apple infringed Samsung's patents, but that no damages would be awarded to either party because they were both guilty of misconduct.

B

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

Copyrights protect ideas themselves

false

In the case of, 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

A person who applies for a domain name on the Internet must state in the application that the name will not infringe on anyone else's intellectual property rights.

true

A teacher cannot be held liable for copyright infringement under the Fair Use Doctrine so long as copies are used only for educational purposes

true

A tying arrangement occurs when the holder issues a license to use a patented object only if the licensee agrees to buy some non-patented product from the holder

true

An invention might be considered a trade secret.

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

A registrant may lose registration of a domain name for Internet usage by not using it for more than ___________ days. A. 30 B. 60 C. 90 D. 120 E. 180

C

A[n] ____________ mark is one that requires imagination, thought, and perception to reach a conclusion as to the nature of the goods. A. Generic B. Descriptive C. Suggestive D. Conclusory E. Artful

C

Which of the following consists of the fruits of one's mind? A. Theoretical property B. Cognitive property C. Intellectual property D. Protected property E. Tradable property

C

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"? A. Product trademark B. Collective mark C. Certification mark D. Service mark E. Physical activity mark

C

Which of the following is the way people and businesses are located on the web? A. Through product names B. Through Internet names C. Through domain names D. Through trademark names E. Through search engines

C

Which of the following is true regarding Joshua's claim of trademark infringement involving the color of the bandana? A. Color may not be a trademark. B. Color can be a trademark regardless of whether it identifies goods with their source. C. Color may be a trademark if it identifies goods with their source. D. Color can be considered in a trademark infringement case only if another primary trademark infringement has been established. E. Color can be a consideration in a trademark infringement case only if a primary additional infringement has been established and secondary meaning has been established in regards to the color.

C

Which of the following is a mark used in conjunction with a service? A. Product trademark B. Collective mark C. Certification mark D. Service mark E. Physical activity mark

D

Which of the following is the oldest treaty designed to protect artistic rights? A. The Universal Copyright Convention of 1952, as revised in 1971 B. The Paris Convention of 1883 C. The 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights D. The Berne Convention of 1886 E. The Geneva Convention of 1860

D

Which of the following is true regarding the No Electronic Theft Act? A. It provides that it is legal for a person to infringe a copyright so long as financial gain is not involved. B. It provides that it is illegal for a person to reproduce, even for no financial gain, the copyrighted work of another; but there are only civil damages available, no criminal penalties. C. 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. D. It provides that it is illegal for a person to reproduce, even for no financial gain, the copyrighted work of another; and criminal penalties in the form of fines, but not imprisonment, may be imposed. E. It provides that it is illegal for a person to reproduce, even for no financial gain, the copyrighted work of another; but the only remedy available would be an injunction requiring that the offender cease the infringement.

C

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? A. The Limited Use Doctrine B. The Copyright Use Doctrine C. The Fair Use Doctrine D. The Trade Use Doctrine E. The Approved Use Doctrine

C

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? A. That the defendant was entitled to a judgment in its favor because the defendant's product was not identical to the plaintiff's product. B. That the trial court erred in refusing to require proof that the defendant had actual access to the trophy design at issue. C. 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. D. That the trial court correctly found that proof of actual access to the infringed product was required, that actual access was established, and that the defendant's product was an exact copy of the plaintiff's product, thereby entitling the plaintiff to a judgment in its favor. E. That the trial court correctly found that the defendant had access to the product but that copying was allowed because the plaintiff had not properly protected its work.

C

With which of the following does a network website address end? A. .gov B. .edu C. .net D. .org E. .com

C

Which of the following is true regarding Joshua's claim that the name Sandy chose violates his trademark protection? A. In order to constitute trademark violation, Sandy's store would need to have been called the exact same thing as Joshua's store without the "II." B. A key inquiry is whether a similarity exists which is likely to cause confusion applied from the perspective of the defendant. C. The key inquiry is whether a similarity exists which is likely to cause confusion from the perspective of the plaintiff meaning that the plaintiff has acted willfully. D. The key inquiry is whether a similarity exists which is likely to cause confusion applied from the perspective of prospective purchasers. E. A key inquiry is whether the defendant sold goods or services to customers that likely would have been customers of the plaintiff were the defendant not in business.

D

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. A. Copyright B. Patent C. Trade secret D. Trademark E. Intellectual Property

D

A[n] _______________ mark identifies a significant characteristic of the product but is not the common name of the product. A. Suggestive B. Arbitrary or fanciful C. Generic D. Descriptive E. Common

D

In which of the following orders of ascending strength may marks fall? A. Generic, suggestive, descriptive, arbitrary or fanciful. B. Descriptive, generic, suggestive, arbitrary or fanciful. C. Arbitrary or fanciful, generic, descriptive, suggestive. D. Generic, descriptive, suggestive, arbitrary or fanciful. E. Suggestive, generic, descriptive, arbitrary or fanciful.

D

Which of the following administers international treaties pertaining to the protection of intellectual property? A. The United Nations Intellectual Property Association B. The Federal Intellectual Property Organization C. The National and World Intellectual Protection Agency D. The World Intellectual Property Organization E. There is no organization or agency with that responsibility

D

Which of the following is true regarding whether the shape of a product or package may be a trademark? A. The shape of a product may be a trademark if it is nonfunctional but the shape of a package may not be a trademark. B. The shape of a product may be a trademark if it is functional but the shape of a package may not be a trademark. C. The shape of a product or package may be a trademark if it is functional. D. The shape of a product or package may be a trademark if it is nonfunctional. E. The shape of a package may be a trademark if it is nonfunctional, but the shape of a product may not be a trademark.

D

With which of the following does an organization website address end? A. .gov B. .edu C. .net D. .org E. .com

D

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? A. Alice will win and possess all rights to the patent under common law because she first invented the machine. B. Bob will win and possess all rights to the patent under common law because he was the first to file for a patent. C. Under common law, Alice and Bob will share rights to the patent on a 50-50 basis. D. Under the America Invents Act, Alice will control rights to the patent because she was the first to invent. E. Under the America Invents Act, Bob will control rights to the patent because he was the first to file.

E

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? A. Damages only. B. An injunction prohibiting the infringer from using the mark only. C. An additional amount of damages computed as a multiplier of 5 times the original damages but nothing else. D. Damages, an injunction prohibiting the infringer from using the mark, and additional damages based on a multiplier of 5 times the original damages. E. Damages and an injunction prohibiting the infringer from using the mark.

E

Once a trademark is registered today, when must it be renewed for the first time? A. Between the first and second year. B. Between the second and third year. C. Between the third and fourth year. D. Between the fourth and fifth year. E. Between the fifth and sixth year.

E

Which of the following is true regarding what may be the subject of a patent? A. Only products may be the subject of patents. B. Only processes may be the subject of patents. C. Only inventions may be the subject of patents. D. An invention may be the subject of a patent, but a plant produced by asexual reproduction may not be the subject of a patent. E. A product, a process, an invention, or a plant produced by asexual reproduction may be the subject of a patent.

E

With which of the following does a business website address end? A. .gov B. .edu C. .net D. .org E. .com

E