Deck 9: Intellectual Property

Question 1

More than a half-million copyrights are issued annually.

Answer 1

True

Question 2

Wrongful use of intellectual property may produce a suit in tort for infringement.

Answer 2

True

Question 3

Intellectual property is also called intangible property.

Answer 3

True

Question 4

Traditionally, trademark protection was created by priority of use.

Question 5

If a trademark is registered with the Trademark Office, a dispute may be tried in federal court.

Question 6

Intellectual property is also called tangible property.

Question 7

Intellectual property includes patents and copyrights.

Question 8

About half of all copyrights are issued for music.

Question 9

Intellectual property must be convertible to "practical use."

Question 10

Intellectual property must show some evidence of labor having been provided to create it for protection to be granted.

Question 11

Wrongful use of intellectual property usually results in a tort suit for conversion.

Question 12

Trademarks are due absolute protection under federal law, even if not used in commerce, once they are registered.

Question 13

The Lanham Act essentially made common law trademark protection a part of federal law.

Question 14

Copyrights, trademarks and trade names are examples of intellectual property.

Question 15

About 200,000 patents are issued annually; half go to Americans.

Question 16

Intellectual property violations must be taken to the U.S. Attorney for prosecution.

Question 17

About 20,000 patents are issued annually.

Question 18

Intellectual property must "show evidence of original effort."

Question 19

The Lanham Act helps provide trademark protection.

Question 20

The Trademark Protection Act of 1963 established modern trademark law.

Question 21

Suggestive trademarks receive the highest level of legal protection for marks.

Question 22

Registration of a trademark helps in the process of obtaining protection in other countries.

Question 23

Once issued by the Trademark Office, trademarks are registered forever.

Question 24

"Exxon" is an arbitrary and fanciful trademark.

Question 25

Once a word is registered as a trademark, it may not be used in commerce for any other good.

Question 26

"Clorox" is a generic mark.

Question 27

To register a trademark you have to pay a fee and submit a copy of the mark, along with a description of the goods that will use the mark.

Question 28

Since Holiday Inn is a descriptive mark, it receives no protection.

Question 29

Arbitrary and fanciful trademarks receive the strongest legal protection.

Question 30

Anything not already registered may be used as a trademark, including a list of words that describe the product or its uses.

Question 31

"Zipper" is an arbitrary and fanciful mark.

Question 32

"Raisin Bran" is not a trademark because it uses descriptive words for the product.

Question 33

You discover that the word "wheelbarrow" has not been registered as a trademark. You can register the word as your trademark so long as you are a producer of wheelbarrows and apply it to that product.

Question 34

If the holder of a trademark does not put a notice of the registration, such as ® or TM, by the mark, it loses protection since there is no notice.

Question 35

"Thermos" is a generic mark.

Question 36

Trademark registration is good for ten years at which point it must be renewed.

Question 37

Trademarks must be registered physically, not over the Internet.

Question 38

"Chicken of the Sea" is an example of a suggestive trademark.

Question 39

If you register a trademark under the Lanham Act, the registration of the mark will last for twenty years, and then registration may be renewed.

Question 40

If a trademark is registered, it is easier to get help from the Customs Service in fighting imported counterfeits.

Question 41

For domain names on the Internet, the rule is first come-first serve, among legitimate (real) users of the name.

Question 42

In case of infringement of a trademark, suit may be brought under the Lanham Act.

Question 43

Once the shoe company Nike obtained a trademark for a line of shoes called Shox, no other company was allowed to use that name for any product.

Question 44

Descriptive trademarks are not favored at law, but can receive protection.

Question 45

The sale of counterfeit goods is estimated at about $20 billion a year in the U.S.

Question 46

A generic trademark receives no legal protection.

Question 47

"Chicken of the Sea" is an example of a suggestive trademark.

Question 48

"Chicken of the Sea" is an example of a suggestive trademark.

Question 49

Colleges may not trademark their sports team name or logos because they are non-profit institutions.

Question 50

"Chicken of the Sea" is an example of a suggestive trademark.

Question 51

Under the rules of the World Intellectual Property Organization, registration of a trademark in one country applies to all nations that belong to the Organization.

Question 52

Colleges sports teams can obtain trademarks for their name.

Question 53

Dilution means a seller causes confusion about the origins of a product by improper use of any trademark.

Question 54

Since Delta Airlines is larger and better known than the company named Delta that makes water faucets, Delta Airlines would be granted priority rights to the domain name www.delta.com.

Question 55

Infringement means a seller causes confusion about the origins of a product by improper use of a trademark.

Question 56

The extent of trademark protection depends on how well known a mark is.

Question 57

A generic trademark is licensed to all firms in the same industry.

Question 58

If you invent a fictional character such as the Hulk, you have the right to obtain a trademark for the Hulk and sell the right to use the name and character for advertising purposes.

Question 59

It would not be infringement of the adidas trademark to sell shoes under the name addidas, since it is a different word.

Question 60

Suggestive trademarks are provided no legal protection.

Question 61

In Audi AG v. D'Amato the appeals court held that Audi's name suffered infringement by D'Amato's use of the name Audi in his website advertising.

Question 62

In Audi AG v. D'Amato the appeals court held that Audi's name suffered conversion by D'Amato's use of the name Audi in his website advertising.

Question 63

If a trademark is used in a news story, permission for use must be received first.

Question 64

Companies that suffer from sales of counterfeit goods may take action to seize the goods.

Question 65

There is a fair use defense for infringement that covers news or educational use.

Question 66

Cybersquatting occurs when a trademark is used improperly in a domain name.

Question 67

To use a competitor's trademark in an ad that is critical of the product would be infringement, since it would be unauthorized use of the name.

Question 68

There is a fair use defense for use of a trademark for parody purposes.

Question 69

Counterfeiting of trademarks causes companies to lose money and reputation.

Question 70

The Lanham Act allows victims of counterfeiting to have the good seized.

Question 71

The shape and color of a product may be protected by trademark law.

Question 72

In Audi AG v. D'Amato the appeals court held that Audi could stop D'Amato's use of the domain name audisport.com.

Question 73

Goods may be sold that imitate a trademark so long as they are identified as not genuine; that is, they are not "passed off" as if the original thing.

Question 74

To make a product that imitates a trademarked good, such as Nike shoes, is called counterfeiting.

Question 75

In Audi AG v. D'Amato the appeals court held that Audi's name suffered dilution by D'Amato's use of the name Audi in his website advertising.

Question 76

In case of counterfeiting, the only remedy is monetary damages.

Question 77

Dilution as a trademark violation applies primarily to famous marks.

Question 78

Companies that suffer from sales of counterfeit goods may request assorted federal authorities take action against the sellers of the goods, but may do nothing directly.

Question 79

A charge of dilution would apply to a company that sold guitars named Nike, even though Nike does not make or sell guitars.

Question 80

In Audi AG v. D'Amato the appeals court held that Audi did not have the ability to limit D'Amato's use of Audi trademarks on his website, where he sold Audi products.