Question 1

Injunctive relief is a common remedy under the Lanham Act.

Accepted Answer

Injunctive relief is a common remedy under the Lanham Act, which is a federal law that provides for the registration of trademarks and service marks to protect the rights of businesses and their customers. Injunctive relief is a court order that prohibits a party from engaging in certain activities that may cause harm or confusion to another party's trademark rights. It is often sought by trademark owners to halt the use of infringing marks by competitors or to force them to modify their branding or advertising practices.

Question 2

Integrative Technologies Company may copyright a new and innovative magazine and television ad campaign that it would like to protect from use by its competitors.

Accepted Answer

Companies are entitled to copyright their original creative works, such as magazines and advertisements, to prevent their competitors from copying or using them without permission.

Question 3

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

Accepted Answer

The author of a creative work is typically considered the original owner of the copyright for that work, assuming it is an original creation and falls within the scope of copyright law.

Question 4

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

Accepted Answer

Federal law prohibits the registration of marks that consist of or comprise the flag of the United States, or any simulation thereof, as trademarks.

Question 5

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

Accepted Answer

"Palming off" is still a form of unfair competition today, where one business tries to pass off their product or service as that of another business.

Question 6

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 can differ significantly between works created by an individual author and works made for hire. For works created by individual authors, copyright generally lasts for the life of the author plus 70 years. In contrast, for works made for hire, copyright lasts for 95 years from publication or 120 years from creation, whichever is shorter.

Question 7

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

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

Under the U.S. patent law, a genetically engineered microorganism can be patented as it is considered a manufactured product or composition of matter. Therefore, the corporation can apply for a patent to protect their newly developed microorganism.

Question 9

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

Accepted Answer

This is generally true for works created after 1977 in the US. The exact duration of copyright protection may vary depending on the country and the nature of the work.

Question 10

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 a group or association of producers of the goods or services that the mark represents, not just one individual producer.

Question 11

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

Accepted Answer

The union mark is a type of collective mark often used by labor unions to indicate that goods were produced or handled by union members.

Question 12

Design patents grant the holder a 14-year monopoly.

Accepted Answer

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

Question 13

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

Accepted Answer

The designation "TM" or "SM" can be used even if the mark is not registered. However, the use of the ® symbol is reserved for registered marks.

Question 14

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 15

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 refers to a situation where a term or mark that would normally be descriptive or generic becomes distinctive over time due to the public associating it with a particular product or service. This can allow the mark to be protected under the Lanham Act as a trademark, as it has gained a secondary meaning that sets it apart from similar terms or marks in the same industry.

Question 16

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 word "truck" is a generic term that describes a type of vehicle and cannot be trademarked for that purpose. However, it could potentially be trademarked for use in a different industry, such as fashion for designer jeans.

Question 17

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

Accepted Answer

According to US law (15 U.S. Code § 1118), goods bearing a counterfeit mark may be seized and destroyed without compensation to the owner of the goods, as long as certain procedures are followed.

Question 18

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

Accepted Answer

The answer of A person is a direct infringer if...

Question 19

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 20

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...

Quiz 40: Intellectual Property