Deck 12: Intellectual Property

Question 1

Cross-licensing occurs when two patent holders license each other to use their patents and can have other patent holders join the patent at any time.

Answer 1

False

Question 2

Property that is primarily the result of mental creativity rather than physical effort is protected by the laws of intellectual property.

Answer 2

True

Question 3

A mark licensed by a group that has established certain criteria for its use, such as "U.L. Tested" or "Good Housekeeping Seal of Approval," is known as a service mark.

Answer 3

False

Question 4

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

Question 5

Copyrights protect the expression of creative ideas.

Question 6

Trade dress, the overall appearance and image of a product, is not entitled to the same protection as a trademark.

Question 7

Under the Agreement on Trade-Related Aspects of Intellectual Property Rights, no country can give its own citizens better intellectual property protections than it grants to citizens of other signatory countries.

Question 8

Which of the following was the result at the U.S. Supreme Court level in Metro-Goldwyn-Mayer Studios 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?

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

Question 9

Which of the following is not one of the four factors that a court evaluates when determining if a defense to the fair-use doctrine applies?

A) The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.
B) The nature of the copyrighted work.
C) The amount and substantiality of the portion used in the relation to the copyrighted work as a whole.
D) How long the copyright has been in existence.
E) The effect of the use on the potential market for or the value of the copyrighted work.

Question 10

Copyrights will be granted when a work is set out in a tangible medium of expression, is original and is creative.

Question 11

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?

A) Erin will win and possess all rights to the patent under common law because she first invented the machine.
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) Under the America Invents Act, Erin will control rights to the patent because she was the first to invent.
E) Under the America Invents Act, Aleem will control rights to the patent because he was the first to file.

Question 12

In order to be patentable, an invention must not be one that a person of ordinary skill in the trade could have easily discovered.

Question 13

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

Question 14

Lillian made a new song and shared it with her thousands of viewers on her public Facebook page. She was so excited that everyone liked it, until Barbeen used the song in a new commercial. Can she sue for copyright infringement?

A) Yes, it is her original work.
B) Yes, but only if Barbeen receives a profit for use of the song.
C) No, because the work was freely distributed without notice of copyright.
D) No, because this is an educational purpose.
E) No, because Lillian is not a commercial entity that receives protections.

Question 15

What was the finding of the jury 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.

Question 16

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

Question 17

Evidence of actual confusion is a prerequisite for the plaintiff to recover in a trademark infringement action, as in the case of Toys "R" Us, Inc. v. Canarsie Kiddie Shop, Inc.

Question 18

Konua is a teacher and therefore cannot be held liable for copyright infringement under the Fair Use Doctrine for the copies he makes for use in his science class.

Question 19

A competitor may discover a trade secret by any lawful means such as going on a public plant tour.

Question 20

Trademark dilution laws prohibit the use of "distinctive" or "famous" marks even without showing customer confusion.

Question 21

Once a trademark has been registered, the registration must be renewed between ________.

A) the first and second year
B) the third and fourth year
C) the fifth and sixth year
D) the eighth and ninth year
E) trademarks must be renewed every five years

Question 22

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

Question 23

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

Question 24

How are people and businesses located on the web?

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

Question 25

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.

Question 26

What is the effect of actual confusion when trademark infringement is alleged?

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.

Question 27

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

Question 28

Which of the following correctly lists the categories that a mark may fall into in order of ascending strength (weakest to strongest)?

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.

Question 29

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.

Question 30

A trademark must be registered with the U.S. Patent and Trademark Office under the ________ to be protected in interstate use.

A) Patent and Trade Mark Act of 1997
B) Lanham Act of 1947
C) Interstate Patent and Trademark Act
D) Registration of Patent Act of 2000
E) Trademark Registration Protection Act of 1999

Question 31

Which statement is accurate 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.

Question 32

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

Question 33

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.

Question 34

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 illegally misappropriated a trademark and has used it 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.

Question 35

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

Question 36

________ is considered to be the fruits of one's mind.

A) Intellectual property
B) Cognitive property
C) Private property
D) Protected property
E) Tradable property

Question 37

A mark that requires imagination, thought, and perception to reach a conclusion as to the nature of the goods is known as which kind of mark?

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

Question 38

A trademark is a ________ that is used by a producer in conjunction with a product and tends to cause consumers to identify the product with the producer.

A) distinctive mark, word, design, picture, or arrangement
B) distinctive mark only
C) word or design only
D) picture or arrangement only
E) considered any mark that anyone decides that they want to trademark

Question 39

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

Question 40

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

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

Question 41

Which of the following is not a basic principle developed by the Berne Convention of 1886 that protects artistic rights?

A) The multinational corporations are covered by their home countries laws.
B) The national treatment principle requires that each member nation protect artists of all signatory nations equally.
C) The nonconditional protection principle requires that protection not be conditioned on the use of formalities.
D) The protection independent of protection in the country of origin principle allows nationals of nonsignatory countries to protect works if they are created in a member country.
E) The common rules principle establishes minimum standards for granting copyrights that all nations must meet.

Question 42

Which of the following is not a principle of The Paris Convention of 1883?

A) National treatment
B) Nonconditional protection
C) The right of priority
D) Common rules of minimum standards
E) Date of application be the date of filing in the home nation

Question 43

The address of an organization website ends with ________.

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

Question 44

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

Question 45

[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 that the name Jonah chose violates his trademark protection, which statement is accurate?

A) In order to constitute trademark violation, Jonah's store would need to have been called the exact same thing as Marcus' 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.

Question 46

[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.
The question of whether Marcus intends to expand into the area of dog grooming product sales is relevant to which concept 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

Question 47

[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 Jonah's claim that actual confusion among consumers did not exist, which statement is accurate?

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 48

Eugene received a patent that was issued for an object he invented. How long does Eugene have the exclusive right to produce, sell, and use the object of the patent from the date of application?

A) Five years
B) Ten years
C) Twenty years
D) Thirty years
E) Fifty

Question 49

The address of a government website ends with ________.

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

Question 50

The Fair Use Doctrine allows for a portion of a copyrighted work to be reproduced for purposes of ________.

A) any unlimited reason
B) news reporting only
C) research only
D) reproduction that will produce profits
E) criticism, comment, news reporting, teaching, scholarship, and research

Question 51

Argile has worked for three years to reverse engineer a process of making an over-the-counter pain-killer. Zetena Pharmaceuticals sues Argile for violation of trade secrets under their state's law. Will Zetena win?

A) Yes, competitors may not discover trade secrets by doing reverse engineering.
B) Yes, competitors may discover secrets by reverse engineering but still must pay royalties.
C) Yes, pharmaceuticals cannot be reverse engineered.
D) No, because there is no registration of trade secrets so there are no protections.
E) No, the process of reverse engineering is a lawful way of discovery.

Question 52

The primary way that the Universal Copyright Convention (UCC) of 1952, as revised in 1971, is different from the Berne Convention is that ________.

A) the UCC allows members to establish formalities for protection and make exceptions to common rules as long as they are not inconsistent with the essence of the treaty
B) the U.S. and China do not support the UCC
C) the U.S. and Russia do not support the UCC
D) the UCC requires that every nation in the United Nations support the treaty
E) the UCC overrules major portions of the Berne Convention

Question 53

The address of a network website ends with ________.

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

Question 54

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

Question 55

Tomas took a number of wedding photos at Maura'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. Maura came to see Tomas 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, Maura started a heated argument. She told Tomas 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.
Regarding Maura's claim that photographs are not subject to copyright protection, which statement is accurate?

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. Tomas was entitled to copyright protection on the first picture. After Maura purchased the first picture, however, she could make as many copies as she wanted.
D) She is correct only because Tomas had not registered the photographs for copyright protection.
E) She is incorrect. Photographs may be the subject of copyright protection.

Question 56

Xavier has developed a new secret diet soda recipe using an ingredient no one else has ever used. He keeps the secret recipe locked in a secure vault for protection. Melia, angry with Xavier for breaking off their relationship, breaks into the safe based on the pass code Xavier had hidden in his desk. Melia sells the secret formula to a competitor who had been working to reverse engineer the formula. Can Xavier sue Melia for trade secret violation?

A) Yes, 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) Yes, but only if the reverse engineering had not yet resulted in learning the secret ingredient.
C) No, because the competitor was already reverse engineering the formula to learn the ingredient.
D) No, formulas are not protected by trade secret laws but by patents.
E) No, formulas are protected by copyright laws and not trade secret laws.

Question 57

The address of a business website ends with ________.

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

Question 58

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.

Question 59

Shaun has patented a new type of hop plant. A local brewing company would like to use the new type of hop plant in their new beer formula. If Shaun licenses his patent to the new brewing company, he will receive what in exchange for each use of the patent?

A) A processing fee.
B) A royalty fee.
C) A patent user fee.
D) An invention fee.
E) A product use fee.

Question 60

[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?

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 61

Ramona has an idea for an electric animal brush that vacuums the animal hair and transforms it into usable sewing thread. Ramona calls her device the Hair-2-Thread and begins selling the device in January. Later that year, she decides the device would sell better if she had a patent, and she files the patent application in December. After finally receiving the patent the following year, Ramona discovers a similar device, the HairSew, is being sold by Saya and files a patent infringement lawsuit.
Where could Ramona file a patent infringement suit?

A) A federal court.
B) A state court.
C) The USPTO.
D) Any state or federal court.
E) Any federal court or the USPTO.

Question 62

Ramona has an idea for an electric animal brush that vacuums the animal hair and transforms it into usable sewing thread. Ramona calls her device the Hair-2-Thread and begins selling the device in January. Later that year, she decides the device would sell better if she had a patent, and she files the patent application in December. After finally receiving the patent the following year, Ramona discovers a similar device, the HairSew, is being sold by Saya and files a patent infringement lawsuit.
If Ramona is successful in her patent infringement action, what type of result could she be entitled to receive?

A) An injunction prohibiting further sale or use of the infringing product by the infringer, but not damages.
B) An injunction prohibiting further sale or use of the infringing product by the infringer and an order for destruction of the infringing property, but not damages.
C) Damages only.
D) An injunction prohibiting further sale or use of the infringing product by the infringer and also an award of damages.
E) An order for destruction of the infringing property and damages, but not an injunction.

Question 63

Ramona has an idea for an electric animal brush that vacuums the animal hair and transforms it into usable sewing thread. Ramona calls her device the Hair-2-Thread and begins selling the device in January. Later that year, she decides the device would sell better if she had a patent, and she files the patent application in December. After finally receiving the patent the following year, Ramona discovers a similar device, the HairSew, is being sold by Saya and files a patent infringement lawsuit.
Which of the following statements, if true, would best support dismissal of the lawsuit against Saya?

A) Ramona sold her product before the patent was issued.
B) Ramona sold her product before filing her patent application.
C) Saya had the idea for the product ten years ago, but did not have time to perfect it.
D) Saya's product functions more efficiently than Ramona's product.
E) Saya's product, which contained the same ideas as in Ramona's patent, was already in existence before Ramona filed her patent application.

Question 64

[Scuba Diving] Felicia 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 Mei to manufacture and sell the mask. She receives a sum of money for every mask that Mei sells. Felicia also entered into an agreement with Evan to allow him to sell the masks, but only if he also purchased non-patented diving suits from Felicia. All parties proceeded to do very well with their sales.
Payments that Felicia would receive from Mei for the sale of the mask are referred to as which of the following?

A) Profits
B) Receipts
C) Royalties
D) Payoffs
E) Illegal

Question 65

Tomas took a number of wedding photos at Maura'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. Maura came to see Tomas 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, Maura started a heated argument. She told Tomas 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.
Regarding Maura's claim that copyright protection on a photograph only extends for a maximum of two years, which statement is accurate?

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.

Question 66

Ramona has an idea for an electric animal brush that vacuums the animal hair and transforms it into usable sewing thread. Ramona calls her device the Hair-2-Thread and begins selling the device in January. Later that year, she decides the device would sell better if she had a patent, and she files the patent application in December. After finally receiving the patent the following year, Ramona discovers a similar device, the HairSew, is being sold by Saya and files a patent infringement lawsuit.
If Saya decides to ask the USPTO to reexamine Ramona's patent, what is she asking the USPTO to do?

A) To consider if Ramona's patent actually infringes on Saya's product.
B) To consider if Saya's product better qualifies for patent protection.
C) To consider whether Ramona's patent application was filed for inappropriate purposes.
D) To consider whether Ramona's patent application was timely filed.
E) To consider whether Ramona's patent invalidates prior art and whether it should have in fact been issued.

Question 67

Ramona has an idea for an electric animal brush that vacuums the animal hair and transforms it into usable sewing thread. Ramona calls her device the Hair-2-Thread and begins selling the device in January. Later that year, she decides the device would sell better if she had a patent, and she files the patent application in December. After finally receiving the patent the following year, Ramona discovers a similar device, the HairSew, is being sold by Saya and files a patent infringement lawsuit.
Saya believes the reexamination request is a good strategy because it will slow down the litigation against her. Is she correct?

A) No, reexamination requests are rare and a court will order the USPTO to make a quick determination.
B) Yes, such requests are frequently granted, a determination may take years, and courts often prefer the USPTO to complete the reexamination before litigation may proceed.
C) No, although reexamination requests are rare, the USPTO makes a determination rather quickly in such cases.
D) No, although such requests are frequently granted, the USPTO makes a determination rather quickly in such cases.
E) No, because a court will perform the reexamination, not the USPTO.

Question 68

Natalia owns Balloon Heaven, a popular restaurant in which patrons sit in faux hot air balloons and the walls and ceiling are painted like the sky. Natalia registered her mark, which consists of the restaurant name in the basket of a rainbow-colored hot air balloon. After Natalia's success, Benji opened a restaurant called Heavenly Balloons on the other side of town. The décor of Heavenly Balloons is similarly crafted to give the patron the impression of eating in the basket of a hot air balloon, with similar tables and paintings. Benji's logo, which appeared on billboards and local advertisements, depicts a rainbow-colored hot air balloon with the restaurant's name in the balloon. Several customers have congratulated Natalia on opening a second restaurant and on the billboards appearing around town.
Which of the following statements, if true, would be most likely to support a finding that Benji's mark does not infringe on Natalia's mark?

A) In the logos, Benji's rainbow is arched; Natalia's is not.
B) If Benji's establishment is not a restaurant, but a balloon store.
C) If Benji's restaurant served completely different types of food.
D) If the font in Benji's logo were smaller.
E) If customers called Benji's establishment looking for Natalia.

Question 69

[Scuba Diving] Felicia 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 Mei to manufacture and sell the mask. She receives a sum of money for every mask that Mei sells. Felicia also entered into an agreement with Evan to allow him to sell the masks, but only if he also purchased non-patented diving suits from Felicia. All parties proceeded to do very well with their sales.
The agreement between Felicia and Evan is what type of agreement?

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.

Question 70

Natalia owns Balloon Heaven, a popular restaurant in which patrons sit in faux hot air balloons and the walls and ceiling are painted like the sky. Natalia registered her mark, which consists of the restaurant name in the basket of a rainbow-colored hot air balloon. After Natalia's success, Benji opened a restaurant called Heavenly Balloons on the other side of town. The décor of Heavenly Balloons is similarly crafted to give the patron the impression of eating in the basket of a hot air balloon, with similar tables and paintings. Benji's logo, which appeared on billboards and local advertisements, depicts a rainbow-colored hot air balloon with the restaurant's name in the balloon. Several customers have congratulated Natalia on opening a second restaurant and on the billboards appearing around town.
Guriny decides to use a trademark of a famous shoe company on his mountain bike head gear without the company's permission. He has most likely committed ________.

A) trademark theft
B) bridging the gap
C) impermissible patent use
D) unfair use
E) trademark dilution

Question 71

Natalia owns Balloon Heaven, a popular restaurant in which patrons sit in faux hot air balloons and the walls and ceiling are painted like the sky. Natalia registered her mark, which consists of the restaurant name in the basket of a rainbow-colored hot air balloon. After Natalia's success, Benji opened a restaurant called Heavenly Balloons on the other side of town. The décor of Heavenly Balloons is similarly crafted to give the patron the impression of eating in the basket of a hot air balloon, with similar tables and paintings. Benji's logo, which appeared on billboards and local advertisements, depicts a rainbow-colored hot air balloon with the restaurant's name in the balloon. Several customers have congratulated Natalia on opening a second restaurant and on the billboards appearing around town.
To succeed on a claim of trade-dress infringement, what must Natalia prove?

A) The trade dress is primarily nonfunctional, inherently distinctive or has secondary meaning, and the alleged infringement creates a likelihood of confusion.
B) The trade dress is inherently distinctive or has secondary meaning, and the alleged infringement creates a likelihood of confusion.
C) The trade dress is inherently distinctive, has secondary meaning, and the alleged infringement creates a likelihood of confusion.
D) The trade dress is primarily nonfunctional, and the alleged infringement creates a likelihood of confusion.
E) Likelihood of confusion.

Question 72

Natalia owns Balloon Heaven, a popular restaurant in which patrons sit in faux hot air balloons and the walls and ceiling are painted like the sky. Natalia registered her mark, which consists of the restaurant name in the basket of a rainbow-colored hot air balloon. After Natalia's success, Benji opened a restaurant called Heavenly Balloons on the other side of town. The décor of Heavenly Balloons is similarly crafted to give the patron the impression of eating in the basket of a hot air balloon, with similar tables and paintings. Benji's logo, which appeared on billboards and local advertisements, depicts a rainbow-colored hot air balloon with the restaurant's name in the balloon. Several customers have congratulated Natalia on opening a second restaurant and on the billboards appearing around town.
Which of the following is true about the requirements for trademark dilution and trademark infringement?

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

Question 73

Ramona has an idea for an electric animal brush that vacuums the animal hair and transforms it into usable sewing thread. Ramona calls her device the Hair-2-Thread and begins selling the device in January. Later that year, she decides the device would sell better if she had a patent, and she files the patent application in December. After finally receiving the patent the following year, Ramona discovers a similar device, the HairSew, is being sold by Saya and files a patent infringement lawsuit.
Saya claims Ramona's patent is invalid because Ramona sold the product before filing her patent application. Is Saya correct?

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

Question 74

[Scuba Diving] Felicia 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 Mei to manufacture and sell the mask. She receives a sum of money for every mask that Mei sells. Felicia also entered into an agreement with Evan to allow him to sell the masks, but only if he also purchased non-patented diving suits from Felicia. All parties proceeded to do very well with their sales.
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?

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

Question 75

Tomas took a number of wedding photos at Maura'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. Maura came to see Tomas 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, Maura started a heated argument. She told Tomas 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 Tomas 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 the 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 76

Natalia owns Balloon Heaven, a popular restaurant in which patrons sit in faux hot air balloons and the walls and ceiling are painted like the sky. Natalia registered her mark, which consists of the restaurant name in the basket of a rainbow-colored hot air balloon. After Natalia's success, Benji opened a restaurant called Heavenly Balloons on the other side of town. The décor of Heavenly Balloons is similarly crafted to give the patron the impression of eating in the basket of a hot air balloon, with similar tables and paintings. Benji's logo, which appeared on billboards and local advertisements, depicts a rainbow-colored hot air balloon with the restaurant's name in the balloon. Several customers have congratulated Natalia on opening a second restaurant and on the billboards appearing around town.
Do both state and federal law protect against trademark dilution?

A) Only some states have trademark dilution laws, but there is no federal law.
B) There is a federal law, but no state law.
C) Both federal law and some states have trademark dilution laws.
D) Every state has a law against trademark dilution, but there is no federal law.
E) Every state has a law against trademark dilution and there is a federal law.

Question 77

[Scuba Diving] Felicia 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 Mei to manufacture and sell the mask. She receives a sum of money for every mask that Mei sells. Felicia also entered into an agreement with Evan to allow him to sell the masks, but only if he also purchased non-patented diving suits from Felicia. All parties proceeded to do very well with their sales.
In determining whether a mark infringes on a registered trademark, which of the following factors would the court be least likely to consider:

A) The similarity of the products or services in issue.
B) The similarity of the two marks.
C) The sophistication of consumers.
D) The intent of the defendant to palm off its product as that of another.
E) The market share of the plaintiff and defendant.

Question 78

[Scuba Diving] Felicia 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 Mei to manufacture and sell the mask. She receives a sum of money for every mask that Mei sells. Felicia also entered into an agreement with Evan to allow him to sell the masks, but only if he also purchased non-patented diving suits from Felicia. All parties proceeded to do very well with their sales.
Felicia's agreement with Mei allowing Mei 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

Question 79

Natalia owns Balloon Heaven, a popular restaurant in which patrons sit in faux hot air balloons and the walls and ceiling are painted like the sky. Natalia registered her mark, which consists of the restaurant name in the basket of a rainbow-colored hot air balloon. After Natalia's success, Benji opened a restaurant called Heavenly Balloons on the other side of town. The décor of Heavenly Balloons is similarly crafted to give the patron the impression of eating in the basket of a hot air balloon, with similar tables and paintings. Benji's logo, which appeared on billboards and local advertisements, depicts a rainbow-colored hot air balloon with the restaurant's name in the balloon. Several customers have congratulated Natalia on opening a second restaurant and on the billboards appearing around town.
If Natalia includes a claim that Heavenly Balloon's mark infringed on her trademark, how would a court most likely rule?

A) For Natalia, but only because of the similarity in color of the two marks.
B) For Natalia, but only because of the evidence that consumers were confused by the two marks.
C) For Benji, because sophisticated consumers would know the difference.
D) For Natalia, because consumers are likely to be confused by the two marks.
E) For Benji, because the restaurant names are not identical.

Question 80

Tomas took a number of wedding photos at Maura'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. Maura came to see Tomas 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, Maura started a heated argument. She told Tomas 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.
Regarding Maura's claim pertaining to damages, which statement is accurate?

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.