Question 1

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 ____________.

Accepted Answer

A)   Secondary meaning
B)   Primary meaning
C)   Primary application
D)   Secondary application
E)   Secondary acknowledgement

Question 2

Which of the following is false regarding trade secret protection?

Accepted Answer

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.

Question 3

Identify where a trademark is registered,what one should do when requesting registration,and what the governmental office involved would then do.Identify circumstances under which a trademark will not be accepted for registration.

Accepted Answer

Trademarks are registered with the U.S.P...

Question 4

What must a party show in order to succeed on a claim of trade-dress infringement?

Accepted Answer

A party must prove the following three e...

Question 5

What is the effect of Sandy's claim that actual confusion among consumers did not exist?

Accepted Answer

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.

Question 6

If Bobby decides to register the photographs for copyright protection,how would he go about doing so?

Accepted Answer

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.

Question 7

Copyrights protect ideas themselves.

Accepted Answer

A) True 
 B)False

Question 8

Which of the following is correct regarding Jill's claim that photographs are not subject to copyright protection?

Accepted Answer

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.

Question 9

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?

Accepted Answer

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.

Question 10

Once a trademark is registered today,when must it be renewed for the first time?

Accepted Answer

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.

Question 11

With which of the following does an organization website address end?

Accepted Answer

A)   .gov
B)   .edu
C)   .net
D)   .org
E)   .com

Question 12

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?

Accepted Answer

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

Question 13

Which of the following is true regarding Joshua's claim of trademark infringement involving the color of the bandana?

Accepted Answer

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.

Question 14

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)   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.

Question 15

Which of the following is correct regarding Jill's statement pertaining to damages?

Accepted Answer

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.

Question 16

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

Accepted Answer

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

Question 17

An invention might be considered a trade secret.

Accepted Answer

A) True 
 B)False

Question 18

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

Accepted Answer

A)   .gov
B)   .edu
C)   .net
D)   .org
E)   .com

Question 19

Which of the following is true regarding what may be the subject of a patent?

Accepted Answer

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.

Question 20

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

Accepted Answer

A)   Through product names
B)   Through Internet names
C)   Through domain names
D)   Through trademark names
E)   Through search engines

Exam 12: Intellectual Property

Once a trademark is registered today,when must it be renewed for the first time?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

An invention might be considered a trade secret.

Correct AnswerverifiedShow Answer

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 ____________.

Correct AnswerverifiedShow Answer

Identify where a trademark is registered,what one should do when requesting registration,and what the governmental office involved would then do.Identify circumstances under which a trademark will not be accepted for registration.

Correct AnswerverifiedTrademarks are registered with the U.S.P...View AnswerShow Answer

Which of the following is true regarding Joshua's claim of trademark infringement involving the color of the bandana?

Correct AnswerverifiedShow Answer

What must a party show in order to succeed on a claim of trade-dress infringement?

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

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

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

Which of the following is correct regarding Jill's statement pertaining to damages?

Correct AnswerverifiedShow Answer

Which of the following is false regarding trade secret protection?

Correct AnswerverifiedShow Answer

What is the effect of Sandy's claim that actual confusion among consumers did not exist?

Correct AnswerverifiedShow Answer

If Bobby decides to register the photographs for copyright protection,how would he go about doing so?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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?

Correct AnswerverifiedShow Answer

Which of the following is correct regarding Jill's claim that photographs are not subject to copyright protection?

Correct AnswerverifiedShow Answer

With which of the following does an organization website address end?

Correct AnswerverifiedShow Answer

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?

Correct AnswerverifiedShow Answer

Copyrights protect ideas themselves.

Correct AnswerverifiedShow Answer

Which of the following is true regarding what may be the subject of a patent?

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
Trademarks are registered with the U.S.P...
View Answer

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