BLS 342 Chapter 12 Intellectual Property

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

A. .gov

Marcy's agreement with Jenny allowing Jenny to sell the mask is referred to as which of following? A. A license B. A patent agreement C. A trade agreement D. An illegal agreement E. A franchise agreement

A. A license

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. 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 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. Competitors may not discover trade secrets by doing reverse engineering.

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

Which of the following is correct regarding Jill's statement pertaining to damages? A. Damages are available, but a copyrighted work must be registered in order for the creator to recover damages from infringement. B. It is not necessary that a copyrighted work be registered in order for the creator to obtain damages. C. It is necessary for a photograph to be registered before the creator may obtain damages, but that is not true for other materials subject to copyright. D. Some material that is subject to copyright must be registered before its creator may recover damages for infringement, but that is not true for photographs. E. She is correct that damages are unavailable in copyright infringement actions.

A. 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? 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. Generic terms are not eligible for protection as trademarks.

If Bobby decides to register the photographs for copyright protection, how would he go about doing so? A. 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. B. He only has to register by filing a form with Register of Copyright. C. He only has to provide two copies of the copyrighted materials to the Library of Congress. D. He would register by affixing the appropriate symbol at the bottom of the photograph followed by the first date of publication and his name. E. He would register by filing notice with the Copyright Protection Office.

A. 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.

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. Interstate

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

A. National treatment

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

A. Secondary meaning

Which of the following is correct regarding Jill's claim regarding copyright protection on a photograph only extending for a maximum of two years? A. She is incorrect, and a copyrighted work that is reproduced with the appropriate notice affixed is protected for the life of its creator plus seventy years. B. She is incorrect, and a copyrighted work that is reproduced with the appropriate notice affixed is protected for the life of its creator plus fifty years. C. She is incorrect, and a copyrighted work that is reproduced with the appropriate notice affixed is protected for the life of its creator plus thirty years. D. She is incorrect, and a copyrighted work that is reproduced with the appropriate notice affixed is protected for the life of its creator plus ten years. E. She is correct.

A. She is incorrect, and a copyrighted work that is reproduced with the appropriate notice affixed is protected for the life of 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? 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. The Universal Copyright Convention

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? A. The possibility of bridging the gap B. The possibility of twin competition C. The possibility of building the bridge D. The possibility of sweeping the product E. The possibility of actual confusion

A. The possibility of bridging the gap

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. Collective mark

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. Every ten years.

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. Only an injunction prohibiting the infringer from using the mark.

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

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

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. Twenty

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

C. .net

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. 90

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. Certification mark

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

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. Intellectual property

Which of the following describes the agreement between Marcy and Frank? A. It is a legal tying arrangement. B. It is a legal cross-licensing agreement. C. It is an illegal tying arrangement. D. It is an illegal cross-licensing agreement. E. A legal contractual agreement.

C. It is an illegal tying arrangement.

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. 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.

Payments that Marcy would receive from Jenny for the sale of the mask are referred to as which of the following? A. Profits B. Receipts C. Royalties D. Payoffs E. Illegal

C. Royalties

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. Suggestive

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. 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 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. The Fair Use Doctrine

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. Through domain names

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

D. .org

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. Descriptive

What is the effect of Sandy's claim that actual confusion among consumers did not exist? A. Evidence of actual confusion among consumers is a necessary predicate to recovery. B. Evidence of actual confusion among consumers is a necessary predicate to recovery only if secondary meaning cannot be established. C. Evidence of actual confusion is necessary to recover only if secondary meaning is relied upon as a theory of recovery. D. Evidence of actual confusion is not a prerequisite for the plaintiff to recover. E. Evidence of actual confusion is unnecessary if the plaintiff's sales have decreased at least 10% since the use of the alleged offending product began.

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

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. Generic, descriptive, suggestive, arbitrary or fanciful.

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. Service mark

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. The Berne Convention of 1886

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. The World Intellectual Property Organization

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

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. Trademark

Which of the following is correct regarding Jill's claim that photographs are not subject to copyright protection? A. She is correct. Photographs are not subject to copyright protection even if taken by a professional photographer. B. She is correct but only because family pictures are involved. Family pictures may not be the subject of copyright, but landscape photographs may be the subject of copyright protection. C. She is partially correct. Bobby was entitled to copyright protection on the first picture. After Jill purchased the first picture, however, she could make as many copies as she wanted. D. She is correct only because Bobby had not registered the photographs for copyright protection. E. She is incorrect. Photographs may be the subject of copyright protection.

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

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

E. .com

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

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. Between the fifth and sixth year.

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. Damages and an injunction prohibiting the infringer from using the mark.

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

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

"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.

Scenario Given

"Scuba Diving." Marcy invented a new type of mask that was not subject to fogging for scuba divers and obtained a patent on it. 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.

Scenario Given

"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.

Scenario Given

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