Deck 18: Development and Protection of Intellectual Property

Question 1

Which of the following describes a circumstance where a non-rights holder is permitted to use a protected trademark of another without permission?

A) Unfair Competition
B) Fair Use
C) Secondary meaning
D) None of the above

Answer 1

B

Question 2

An individual's common law right to control and profit from the commercial use of their name, likeness and persona draws from which of the following?

A) Invasion of Privacy
B) Misappropriation
C) Right to Publicity
D) All of the above

Answer 2

D

Question 3

Property is a "bundle of rights" in relation to things. Which of the following best describes the bundle of rights?

A) Right to exclude
B) Right to transfer
C) Right to use and possess
D) All of the above

Answer 3

D

Question 4

A business puts a product, with a non-distinctive mark, into the marketplace. Through continued use of the mark over time, a vast majority of consumers exclusively associate the non-distinct mark with the owner's business. Which of the following best describes this circumstance?

A) Suggestive mark
B) Secondary meaning
C) Generic
D) Arbitrary or Fanciful

Question 5

An unauthorized sneaker manufacturer uses three stripes as the logo on its sneaker, exactly like that on an Adidas sneaker. This is an example of which type of infringement?

A) Counterfeiting
B) Dilution
C) Unfair Competition
D) None of the above

Question 6

Which of the following describes the Digital Millennium Copyright Act?

A) Makes it illegal to infringe willfully upon the copyrighted material on the Internet for financial gain.
B) Ensure the holder of a copyright cannot have its copyrighted material posted on the Internet without authorization.
C) Prevent the deliberate and bad-faith registration of Internet domain names in violation of trademark rights.
D) A and B

Question 7

What is the rationale for not allowing copyright protection for reporting real-time sports scores?

A) Impairs competition
B) Does not constitute original works of authorship
C) Information is in the public domain and therefore there is no free riding
D) None of the above

Question 8

Which of the following is not true about Right to Publicity?

A) Only applies to celebrities
B) Right to control and profit from the commercial use of one's name, likeness and persona.
C) Use of likeness for news purposes does not violate right to publicity
D) Derives from Right to Privacy

Question 9

A service mark is used to advertise and identify the source and quality of goods offered for sale to the public.

Question 10

A collective trademark is used to advertise and identify the source and quality of products and services offered for sale to the public.

Question 11

A trade name is any name used to identify one's business or vocation.

Question 12

An example of a generic mark would be "Coke".

Question 13

The unauthorized use of a registered trademark is call infringement.

Question 14

Before a trademark is protected under the Trademark Dilution Act, it must have acquired secondary meaning.

Question 15

Tarnishment occurs when a similar mark is used in such a way as to disparage the reputation of the protected trademark.

Question 16

Congress extended trademark protection to the word "Olympic" with the United States Olympic Protection Act (USOPA).

Question 17

The law of copyrights originates in the United States Constitution.

Question 18

The creative work of an employee is presumed to be a work for hire unless the employee has an express agreement reserving their copyright rights.

Question 19

A trademark can serve serval functions. Name and describe a function of a trademark.

Question 20

Name and describe one type of inherently distinctive mark.

Question 21

Name two types of non-distinctive marks. Explain what type of protection is provided for each under the Lanham Act, if any.

Question 22

What does a plaintiff have to prove in order to establish a claim for trademark infringement?

Question 23

Name three defenses to a trademark infringement claim.

Question 24

What factors will the court consider in determining likelihood of confusion?

Question 25

There are three types of Fair Use defenses? Name and describe one.

Question 26

Name three rights to which the owner of a copyright has exclusive rights.

Question 27

Would copyright law protect the Nike catch phrase "Just Do It"? Explain. Would trademark law protect the catch phrase? Explain.