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.

Accepted Answer

Cross-licensing occurs when two patent holders license each other to use their patents, but it does not inherently allow other patent holders to join the agreement at any time; such terms would need to be specifically negotiated.

Question 2

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

Accepted Answer

Intellectual property laws are designed to protect creations of the mind, such as inventions, literary and artistic works, designs, symbols, names, and images used in commerce, which are primarily the result of mental creativity rather than physical effort.

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.

Accepted Answer

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 certification mark, not a service mark. A service mark is used to identify services offered by a particular entity, distinguishing them from services provided by others.

Question 4

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

Accepted Answer

The answer of The organization responsible for registering domain names...

Question 5

Copyrights protect the expression of creative ideas.

Accepted Answer

Copyrights protect the expression of ideas in tangible forms such as writings, music, and artworks, not the ideas themselves.

Question 6

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

Accepted Answer

Trade dress can be protected under trademark law if it serves the source-identifying function, distinguishing a product or service from those of others.

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.

Accepted Answer

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) requires member countries to provide the same level of protection for intellectual property rights to nationals of other signatory countries as they provide to their own nationals, adhering to the principle of non-discrimination.

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.

Accepted Answer

The answer of Which of the following was the result...

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.

Accepted Answer

The four factors courts evaluate for fair use do not include how long the copyright has been in existence. The factors are the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use on the market for 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.

Accepted Answer

Copyright protection is granted to original works of authorship that are fixed in a tangible form of expression, covering both published and unpublished works, as long as they are creative and original.

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.

Accepted Answer

The America Invents Act changed the U.S. patent system from a "first to invent" to a "first to file" system, meaning that the rights to a patent are granted to the first person to file a patent application, regardless of who was the first to invent. Therefore, Aleem, who filed first, will control the rights to the patent.

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.

Accepted Answer

An invention must be non-obvious, meaning it cannot be something that a person with ordinary skill in the relevant field could easily have discovered, in order to be patentable. This is one of the key criteria for patentability, along with novelty and utility.

Question 13

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

Accepted Answer

A trademark can encompass a variety of elements including logos, names, and even the distinctive design and layout of a storefront, known as trade dress, if it signifies the source of the goods or services to consumers.

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.

Accepted Answer

The answer of Lillian made a new song and shared...

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.

Accepted Answer

The jury found that Samsung infringed Apple's patents related to the design of the iPhone and iPad, but Apple did not infringe Samsung's patents.

Question 16

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

Accepted Answer

In a trademark dilution action, the plaintiff typically needs to show that their mark is famous and that the defendant's use of a similar mark is likely to dilute the plaintiff's mark, either through blurring or tarnishment, rather than proving actual consumer confusion, which is more commonly required in trademark infringement cases.

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.

Accepted Answer

Evidence of actual confusion is not a prerequisite for a plaintiff to recover in a trademark infringement action. Courts consider actual confusion as strong evidence of likelihood of confusion, but the plaintiff can still prevail by demonstrating that the defendant's use of the mark is likely to cause confusion among consumers about the source of the goods or services.

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.

Accepted Answer

The answer of Konua is a teacher and therefore cannot...

Question 19

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

Accepted Answer

A trade secret can be lawfully discovered through any means that do not involve improper actions or breaches of agreements, such as reverse engineering or, as mentioned, attending a public plant tour where no confidentiality agreements are violated.

Question 20

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

Accepted Answer

Trademark dilution laws are designed to protect famous or distinctive trademarks from use that would lessen their uniqueness, even if there's no likelihood of confusion among consumers.

Quiz 12: Intellectual Property