Question 1

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 descriptive mark has become distinctive of the applicant's goods or services in commerce, allowing it to be protected under the Lanham Act.

Question 2

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

Accepted Answer

In many jurisdictions, including the United States and the European Union, copyright protection typically lasts for the life of the author plus 70 years after their death.

Question 3

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

Accepted Answer

A generic term like "truck" cannot be trademarked for trucks because it directly describes the product, but it can be trademarked for unrelated products like designer jeans where it is not descriptive.

Question 4

Design patents grant the holder a 14-year monopoly.

Accepted Answer

Design patents grant the holder a 14-year monopoly on the ornamental design of a functional item.

Question 5

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

Accepted Answer

Palming off, or passing off, is still a relevant legal concept today, where one party misrepresents their goods or services as those of another, leading to consumer confusion.

Question 6

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

Accepted Answer

A collective mark is owned by an organization or association, not the individual producers of the goods. It is used by members of the organization to indicate membership or adherence to certain standards.

Question 7

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

Accepted Answer

A collective mark is used by members of a cooperative, association, or other collective group to identify their goods or services and distinguish them from those of non-members. The union mark signifies that the goods were produced by workers who are members of a union.

Question 8

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

Accepted Answer

In many jurisdictions, goods bearing a counterfeit mark can be destroyed without compensation to the owner, as they violate intellectual property laws and are considered illegal.

Question 9

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

Accepted Answer

Federal trademark protection cannot be obtained for the U.S. flag as it is a national symbol and is prohibited from being used as a trademark under the Lanham Act.

Question 10

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 established safe harbor provisions that limit the liability of online service providers for copyright infringement, provided they meet certain conditions and take specific actions when notified of infringing content.

Question 11

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 a copyright differs; for an individual author, it is typically the life of the author plus 70 years, while for a work for hire, it is 95 years from publication or 120 years from creation, whichever is shorter.

Question 12

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

Accepted Answer

The designation "TM" (trademark) or "SM" (service mark) can be used to indicate that a term, slogan, logo, or other sign is being claimed as a trademark or service mark, even if it is not registered. Only the "®" symbol is reserved for registered trademarks.

Question 13

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 microorganisms can be patented if they meet the criteria of being novel, non-obvious, and useful.

Question 14

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

Accepted Answer

A collective mark is used by members of a group or organization to indicate membership, not to certify regional origin. Certification marks are used for certifying origin.

Question 15

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 16

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

Accepted Answer

The answer of The author of a creative work does...

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. Selling or supplying a part or component may lead to contributory infringement, not direct infringement, unless it constitutes the entire patented invention.

Question 19

T-J Computer Company has developed a new and innovative magazine and television ad campaign that it would like to protect from use by its competitors. T-J may copyright its magazine and television ads.

Accepted Answer

Copyright law protects original works of authorship, including advertisements, as long as they are fixed in a tangible medium of expression.

Question 20

Injunctive relief is a common remedy under the Lanham Act.

Accepted Answer

Injunctive relief is a common remedy under the Lanham Act, which deals with trademark infringement and unfair competition, allowing courts to prevent ongoing or future violations.

Quiz 40: Intellectual Property