Question 1

The duration of a copyright is the same whether the copyright is owned by the author or if it is a work for hire.

Accepted Answer

The duration of copyright differs between works created by an individual author and works made for hire. For works created by an individual author, copyright generally lasts for the life of the author plus 70 years. For works made for hire, copyright lasts for 95 years from publication or 120 years from creation, whichever is shorter.

Question 2

Two years of nonuse raises a presumption of abandonment and loss of a federally protected trademark.

Accepted Answer

The answer of Two years of nonuse raises a presumption...

Question 3

The union mark attached to many goods in the United States is a collective mark.

Accepted Answer

The union mark is a symbol used by organizations or unions to indicate that the product has been made by union workers. It is considered a type of collective mark, which is a mark used by a group of individuals or organizations to identify their goods or services.

Question 4

"Palming off" was one of the earliest forms of unfair competition, but it is not found today.

Accepted Answer

"Palming off" still occurs today, often in the form of selling counterfeit goods or services under the guise of another brand, misleading consumers and harming the original brand's reputation.

Question 5

The owner of a collective mark is the producer of the goods it seeks to mark.

Accepted Answer

The owner of a collective mark is typically an organization or association that represents a group of producers or sellers, not an individual producer of the goods.

Question 6

Federal trademark protection may be obtained for the symbol of the U.S. flag.

Accepted Answer

Federal law prohibits the registration of any mark that consists of or comprises the flag or coat of arms or other insignia of the United States, or of any State or municipality, or of any foreign nation.

Question 7

Goods bearing a counterfeit mark may be destroyed without compensation to the owner of the goods.

Accepted Answer

According to the U.S. Lanham Act, goods bearing a counterfeit mark may be seized and destroyed without compensation to the owner of the goods.

Question 8

A corporation in the business of developing genetically engineered pharmaceutical products has developed a new genetically engineered microorganism that it would like to protect. The corporation may patent the microorganism.

Accepted Answer

The U.S. Supreme Court case Diamond v. Chakrabarty (1980) established that genetically engineered organisms, including microorganisms, can be patented because they represent a human-made invention that is not naturally occurring.

Question 9

A collective mark is used in connection with goods or services to certify their regional origin.

Accepted Answer

A collective mark is used to indicate that the goods or services bearing the mark originate from members of a collective group, not specifically to certify their regional origin. Certification marks, not collective marks, are used for this purpose.

Question 10

In most cases, copyright protection lasts for the period of a person's life plus an additional seventy years.

Accepted Answer

Copyright protection generally lasts for the life of the author plus an additional 70 years after their death, according to laws in many countries, including the United States.

Question 11

Design patents grant the holder a 14-year monopoly.

Accepted Answer

Design patents do grant the holder a 14-year monopoly.

Question 12

Injunctive relief is a common remedy under the Lanham Act.

Accepted Answer

Injunctive relief is a common remedy available under the Lanham Act, which is a federal law that governs trademarks and other intellectual property. Injunctive relief is a court order that requires the defendant to stop engaging in the infringing activity and can be a powerful tool for protecting intellectual property rights.

Question 13

The author of a creative work does not own the entire copyright.

Accepted Answer

The author of a creative work automatically owns the copyright to their work from the moment it is created and fixed in a tangible form that is perceptible either directly or with the aid of a machine or device, unless the work is created as a work for hire or the rights are assigned or transferred to someone else.

Question 14

The effect of a "secondary meaning" is that it may make a mark distinctive enough to allow it to be protected by the Lanham Act.

Accepted Answer

A "secondary meaning" occurs when a term that is not inherently distinctive becomes distinctive through its use in the marketplace, allowing it to be protected under the Lanham Act as it has acquired distinctiveness associated with the goods or services provided under the mark.

Question 15

The designation "TM" or "SM" cannot be used until and unless the mark is registered.

Accepted Answer

The designation "TM" (trademark) is used for goods and can be used with a mark even before it is registered to indicate that it is being claimed as a trademark. The "SM" (service mark) serves the same purpose but is used for services. Registration is not required to use either designation.

Question 16

Unlike other types of intellectual property, which are primarily protected under state law, trade secrets historically have been protected by federal law.

Accepted Answer

Trade secrets have historically been protected under state law, primarily through the Uniform Trade Secrets Act adopted by most states, although the Defend Trade Secrets Act of 2016 added a layer of federal protection.

Question 17

A professor photocopies fifty copies of a copyrighted chart to distribute to his students in class. This is a clear violation of the Copyright Act.

Accepted Answer

The answer of A professor photocopies fifty copies of a...

Question 18

A person is a direct infringer if he knowingly sells or supplies a part or component of a patented invention.

Accepted Answer

A person is a direct infringer if they make, use, sell, or offer to sell a patented invention without permission. Supplying a part or component may lead to contributory infringement, not direct infringement.

Question 19

The word "truck" cannot be a trademark for trucks, although it could be a trademark for a new brand of designer jeans.

Accepted Answer

The term "truck" is a generic term for vehicles used for transporting goods and cannot be exclusively used to distinguish one brand of truck from another. However, it could be used as a trademark for a non-related product, such as clothing.

Question 20

The Digital Millennium Copyright Act of 1998 amended the Copyright Act to create limitations on the liability of online providers for copyright infringement when they are engaging in certain activities.

Accepted Answer

The DMCA indeed amended the Copyright Act to provide safe harbors for online service providers, limiting their liability for copyright infringement when they perform specific activities, such as hosting user-generated content, provided they comply with certain requirements.

Quiz 40: Intellectual Property