Question 1

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 digital music files to be shared directly between users without going through a centralized server?

Accepted Answer

A)  There was no evidence that the defendants profited from the site allowing file sharing and,therefore,the district court properly dismissed the lawsuit.
B)  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.
C)  The defendants had no responsibility to develop filtering tools or other mechanisms to diminish infringing activity and the district court properly dismissed the lawsuit.
D)  The defendants' peer-to-peer file sharing service was struck down by the Supreme Court.
E)  The district court properly dismissed the suit because the system at issue had both legal and illegal uses.F) A) and B)
G) C) and D)

Question 2

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

Accepted Answer

A) True 
 B)False

Question 3

Saya claims Ramona's patent is invalid because Ramona sold the product before filing her patent application.Is Saya correct?

Accepted Answer

A)  Yes,because Ramona must receive the patent before offering the product for sale.
B)  Yes,because Ramona must file the patent application within six months of offering the product for sale.
C)  No,because Ramona had two years to file the patent application after offering the product for sale.
D)  No,because Ramona filed the patent application within a year after offering the product for sale.
E)  Yes,because Ramona must file the patent application before offering the product for sale.F) C) and D)
G) A) and D)

Question 4

[Grooming Dispute] Marcus has a successful dog grooming business called "Bark & Bath." He registered the business name for trademark protection.Jonah noticed how well Marcus was doing and opened his own business called "Bark & Bath II." Marcus is unhappy about Jonah's use of the name.He is also unhappy because Jonah is copying Marcus's practice of tying a bright orange bandana around each dog's neck immediately after grooming.Marcus sues Jonah for trademark infringement based upon the name and the use of the orange bandana.Jonah replies that one reason Marcus should not prevail is that he is involved primarily in the sale of dog grooming products while Marcus is involved in the grooming of dogs.Jonah claims that his use of the orange bandana is very rare because he does very little grooming.Jonah also defends on the basis that actual confusion among consumers does not exist.Marcus insists that he should prevail and notes that he is considering expanding into the product sales area.
-Regarding Marcus' claim of trademark infringement involving the color of the bandana,which statement is accurate?

Accepted Answer

A)  Color can be a trademark regardless of whether it identifies goods with their source.
B)  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.
D)  Color may not be a trademark.
E)  Color can be considered in a trademark infringement case only if another primary trademark infringement has been established.F) B) and C)
G) A) and D)

Question 5

________ occurs when a mark is used without permission on completely unrelated goods,potentially diminishing the value of the mark.

Accepted Answer

A)  Bridging the gap
B)  Trademark dilution
C)  Trademark theft
D)  Impermissible use
E)  Unfair useF) C) and E)
G) C) and D)

Question 6

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

Accepted Answer

A)  Certification mark
B)  Collective mark
C)  Physical activity mark
D)  Product trademark
E)  Service markF) B) and C)
G) A) and B)

Question 7

A[n] ________ mark identifies a significant characteristic of the product but is not the common name of the product.

Accepted Answer

A)  Common
B)  Arbitrary or fanciful
C)  Suggestive
D)  Generic
E)  DescriptiveF) C) and D)
G) A) and B)

Question 8

China's lax enforcement of intellectual property laws have created tension between the United States and China.

Accepted Answer

A) True 
 B)False

Question 9

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

Accepted Answer

A)  The 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights
B)  The Geneva Convention of 1860
C)  The Paris Convention of 1883
D)  The Berne Convention of 1886
E)  The Universal Copyright Convention of 1952,as revised in 1971F) B) and C)
G) B) and E)

Question 10

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?

Accepted Answer

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

Question 11

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?

Accepted Answer

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 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.
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 erred in refusing to require proof that the defendant had actual access to the trophy design at issue.
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.F) C) and D)
G) A) and E)

Question 12

In order to succeed on a claim of trade-dress infringement,what must a party prove?

Accepted Answer

A party must prove the following three e...

Question 13

Typically,a plaintiff does not need to show consumer confusion in a trademark dilution action.

Accepted Answer

A) True 
 B)False

Question 14

Aleem properly filed for a patent on a new machine with the U.S.Patent and Trademark Office.Erin,who had been working on the same type of machine was furious when she learned about Aleem'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 Aleem'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?

Accepted Answer

A)  Under the America Invents Act,Erin will control rights to the patent because she was the first to invent.
B)  Aleem 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,Erin and Aleem will share rights to the patent on a 50-50 basis.
D)  Erin will win and possess all rights to the patent under common law because she first invented the machine.
E)  Under the America Invents Act,Aleem will control rights to the patent because he was the first to file.F) A) and E)
G) A) and B)

Question 15

Which of the following is true about the requirements for trademark dilution and trademark infringement?

Accepted Answer

A)  Both require the mark be famous and a showing of consumer confusion.
B)  Only infringement requires the mark be famous;only dilution requires a showing of consumer confusion
C)  Only dilution requires the mark be famous;only infringement requires a showing of consumer confusion.
D)  Both require the mark be famous.
E)  Both require a showing of consumer confusion.F) B) and E)
G) A) and B)

Question 16

Which of the following was the result on appeal in In Re Simon Shiao Tam,the case in the text involving a challenge to the Lanham Act's requirement that a mark not be disparaging?

Accepted Answer

A)  The court found the disparagement requirement to be constitutional under the First Amendment,but because the mark was derogatory,affirmed the government's denial of the "Slants" mark.
B)  The court found the disparagement requirement to be unconstitutional under the First Amendment,but affirmed the government's denial of the "Slants" mark.
C)  The court found the disparagement requirement did not violate the First Amendment,but refused to comment on whether or not the "Slants" mark was disparaging.
D)  The court found the disparagement requirement to be unconstitutional under the First Amendment,thus the denial of the "Slants" mark was vacated.
E)  The court found the disparagement requirement to be constitutional under the First Amendment,thus the denial of the "Slants" mark was affirmed.F) All of the above
G) C) and E)

Question 17

Which of the following is true regarding the No Electronic Theft Act?

Accepted Answer

A)  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.
B)  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.
C)  It provides that it is legal for a person to infringe a copyright so long as financial gain is not involved.
D)  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.
E)  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.F) D) and E)
G) C) and D)

Question 18

The address of an organization website ends with ________.

Accepted Answer

A)  .net
B)  .gov
C)  .com
D)  .edu
E)  .orgF) C) and E)
G) A) and E)

Question 19

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.

Accepted Answer

A) True 
 B)False

Question 20

A trademark does not encompass ideas such as storefront design and shelves in a store.

Accepted Answer

A) True 
 B)False

Exam 12: Intellectual Property

Correct Answer
verified

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

Correct Answer
verified

Typically,a plaintiff does not need to show consumer confusion in a trademark dilution action.

Correct Answer
verified

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

Correct Answer
verified

In order to succeed on a claim of trade-dress infringement,what must a party prove?

Correct Answer
verified
A party must prove the following three e...
View Answer

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.

Correct Answer
verified

________ occurs when a mark is used without permission on completely unrelated goods,potentially diminishing the value of the mark.

Correct Answer
verified

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

Correct Answer
verified

A[n] ________ mark identifies a significant characteristic of the product but is not the common name of the product.

Correct Answer
verified

Which of the following was the result on appeal in In Re Simon Shiao Tam,the case in the text involving a challenge to the Lanham Act's requirement that a mark not be disparaging?

Correct Answer
verified

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?

Correct Answer
verified

China's lax enforcement of intellectual property laws have created tension between the United States and China.

Correct Answer
verified

Saya claims Ramona's patent is invalid because Ramona sold the product before filing her patent application.Is Saya correct?

Correct Answer
verified

The address of an organization website ends with ________.

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Which of the following is true about the requirements for trademark dilution and trademark infringement?

Correct Answer
verified

A trademark does not encompass ideas such as storefront design and shelves in a store.

Correct Answer
verified

Which of the following is true regarding the No Electronic Theft Act?

Correct Answer
verified

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?

Correct Answer
verified

Exam 12: Intellectual Property

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Typically,a plaintiff does not need to show consumer confusion in a trademark dilution action.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

In order to succeed on a claim of trade-dress infringement,what must a party prove?

Correct AnswerverifiedA party must prove the following three e...View AnswerShow Answer

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.

Correct AnswerverifiedShow Answer

________ occurs when a mark is used without permission on completely unrelated goods,potentially diminishing the value of the mark.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

A[n] ________ mark identifies a significant characteristic of the product but is not the common name of the product.

Correct AnswerverifiedShow Answer

Which of the following was the result on appeal in In Re Simon Shiao Tam,the case in the text involving a challenge to the Lanham Act's requirement that a mark not be disparaging?

Correct AnswerverifiedShow Answer

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?

Correct AnswerverifiedShow Answer

China's lax enforcement of intellectual property laws have created tension between the United States and China.

Correct AnswerverifiedShow Answer

Saya claims Ramona's patent is invalid because Ramona sold the product before filing her patent application.Is Saya correct?

Correct AnswerverifiedShow Answer

The address of an organization website ends with ________.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which of the following is true about the requirements for trademark dilution and trademark infringement?

Correct AnswerverifiedShow Answer

A trademark does not encompass ideas such as storefront design and shelves in a store.

Correct AnswerverifiedShow Answer

Which of the following is true regarding the No Electronic Theft Act?

Correct AnswerverifiedShow Answer

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?

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
A party must prove the following three e...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified