Question 1

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?

Accepted Answer

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

Question 2

Which of the following is a mark identifying the producers as belonging to a larger group, such as a trade union?

Accepted Answer

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

Question 3

How are people and businesses 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

Question 4

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

Accepted Answer

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 5

[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?

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

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

Accepted Answer

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 7

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?

Accepted Answer

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 8

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 9

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 ________.

Accepted Answer

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

Question 10

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

Accepted Answer

A) True 
 B)False

Question 11

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?

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 12

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?

Accepted Answer

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 13

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

Accepted Answer

A) True 
 B)False

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?

Accepted Answer

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

Copyrights protect the expression of creative ideas.

Accepted Answer

A) True 
 B)False

Question 16

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?

Accepted Answer

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 17

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.

Accepted Answer

A) True 
 B)False

Question 18

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?

Accepted Answer

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 19

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?

Accepted Answer

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 20

[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:

Accepted Answer

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.

Exam 12: Intellectual Property

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?

Which of the following is a mark identifying the producers as belonging to a larger group, such as a trade union?

How are people and businesses located on the web?

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

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

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?

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

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?

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

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?

Copyrights protect the expression of creative ideas.

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.