Question 1

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

Accepted Answer

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. 
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

Question 2

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  True

Question 3

"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?

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. 
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

Question 4

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

Accepted Answer

A) True 
 B)False

Question 5

Copyrights protect the expression of creative ideas.

Accepted Answer

A) True 
 B)False

Question 6

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

Accepted Answer

A)  Every nine years. 
B)  Every ten years. 
C)  Every eleven years. 
D)  Every twelve years. 
E)  Every thirteen years. 
A)  Every nine years. 
B)  Every ten years. 
C)  Every eleven years. 
D)  Every twelve years. 
E)  Every thirteen years.

Question 7

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

Accepted Answer

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

Question 8

"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?

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. 
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 9

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

Accepted Answer

A) True 
 B)False

Question 10

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.

Accepted Answer

A) True 
 B)False

Question 11

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?

Accepted Answer

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 
B)  The Agreement on Trade-Related Aspects of Intellectual Property Rights 
C)  The Paris Convention 
D)  The Signatory Agreement 
E)  The US-Soviet Agreement

Question 12

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

Accepted Answer

A)  Generic 
B)  Descriptive 
C)  Suggestive 
D)  Conclusory 
E)  Artful 
A)  Generic 
B)  Descriptive 
C)  Suggestive 
D)  Conclusory 
E)  Artful

Question 13

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

Accepted Answer

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 
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

Question 14

"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?

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. 
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 15

Which of the following is true regarding whether the shape of a product or package may be a trademark?

Accepted Answer

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. 
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.

Question 16

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

Accepted Answer

A) True 
 B)False

Question 17

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?

Accepted Answer

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. 
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.

Question 18

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

Accepted Answer

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

Question 19

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?

Accepted Answer

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. 
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.

Question 20

Which of the following is a principle of The Paris Convention of 1883?

Accepted Answer

A)  National treatment 
B)  Nonconditional protection 
C)  Complex treatment 
D)  Enforcement priority 
E)  Treaty affirmation 
A)  National treatment 
B)  Nonconditional protection 
C)  Complex treatment 
D)  Enforcement priority 
E)  Treaty affirmation

Exam 12: Intellectual Property

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

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.

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

Copyrights protect the expression of creative ideas.

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

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

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

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.

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[n] ____________ mark is one that requires imagination, thought, and perception to reach a conclusion as to the nature of the goods.

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

Which of the following is true regarding whether the shape of a product or package may be a trademark?

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

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?

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

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?

Which of the following is a principle of The Paris Convention of 1883?

An Introduction to Dynamic Business Law

Business Ethics

The US Legal System

Alternative Dispute Resolution

Constitutional Principles

International and Comparative Law

Crime and the Business Community

Tort Law

Negligence and Strict Liability

Product Liability

Liability of Accountants and Other Professionals

Introduction to Contracts

Agreement

Consideration

Capacity and Legality

Legal Assent

Contracts in Writing

Third-Party Rights to Contracts

Discharge and Remedies

Introduction to Sales and Lease Contracts

Title, Risk of Loss, and Insurable Interest

Performance and Obligations Under Sales and Leases

Remedies for Breach of Sales and Lease Contracts

Warranties

Negotiable Instruments: Negotiability and Transferability

Negotiation, Holder in Due Course, and Defenses

Liability, Defenses, and Discharge

Checks and Electronic Fund Transfers

Secured Transactions

Other Creditors Remedies and Suretyship

Bankruptcy and Reorganization

Agency Formation and Duties

Liability to Third Parties and Termination

Forms of Business Organization

Partnerships: Nature, Formation, and Operation

Partnerships: Termination and Limited Partnerships

Corporations: Formation and Financing

Corporations: Directors, Officers, and Shareholders

Corporations: Mergers, Consolidations, Terminations

Corporations: Securities and Investor Protection

Employment and Labor Law

Employment Discrimination

Administrative Law

Consumer Law

Environmental Law

Antitrust Law

The Nature of Property, Personal Property, and Bailments

Real Property

Landlord-Tenant Law

Insurance Law

Wills and Trusts

Filters