Question 1

A copyright prevents the copying of an idea.

Accepted Answer

Copyright protects the expression of ideas, such as written works or music, but not the ideas themselves.

Question 2

Once a mark is registered in accordance with federal law, the holder of the mark has the exclusive right to use the mark in perpetuity.

Accepted Answer

While registration does provide certain exclusive rights to the mark holder, those rights can be lost if the mark is not actively used or if it becomes a generic term. Additionally, registration must be renewed periodically to maintain its validity.

Question 3

Copyright of a "work made for hire" runs for the life of the creator of the work plus 50 years.

Accepted Answer

Copyright of a "work made for hire" runs for either 95 years after publication or 120 years after creation, whichever is shorter. It does not depend on the life of the creator.

Question 4

Cybersquatters are individuals who register and set up domain names on the Internet that are identical or confusingly similar to existing trademarks in the hopes they can sell the name to the trademark owner.

Accepted Answer

This is the definition and behavior of cybersquatters.

Question 5

Trade dress can be any word, name, symbol, device, or combination of these used to identify a product.

Accepted Answer

Trade dress refers to the visual appearance of a product or its packaging that signifies the source of the product to consumers, including features such as shape, color, graphics, and design, not words, names, symbols, or devices, which are typically protected as trademarks.

Question 6

Protection for trade dress is available under the Lanham Act.

Accepted Answer

Trade dress protection is available under Section 43(a) of the Lanham Act, which prohibits false or misleading advertising and creates a cause of action for trademark infringement. Trade dress is defined as the visual appearance and overall image of a product, including the design, shape, color, packaging, and labeling.

Question 7

If other persons are permitted to use a trademark, it will lose its exclusive character and become generic.

Accepted Answer

If a trademark becomes commonly used to refer to a product or service rather than indicating a specific brand, it becomes generic and loses its legal protection. Allowing others to use the trademark can contribute to this process of genericide.

Question 8

Descriptive terms such as locations and colors are never subject to trademark protections.

Accepted Answer

Descriptive terms such as locations and colors can be subject to trademark protections if they acquire a secondary meaning or distinctiveness through consumer recognition and association with a specific brand or product.

Question 9

Trademarks and service marks are recorded with the Register of Copyrights.

Accepted Answer

Trademarks and service marks are recorded with the United States Patent and Trademark Office (USPTO), not the Register of Copyrights, so the statement is false.

Question 10

The Berne Convention requires all works published after March 1, 1989 to contain a notice of copyright.

Accepted Answer

The Berne Convention does not require a notice of copyright for a work to be protected; protection is automatic upon creation of the work.

Question 11

To prevail in an action for trade dress infringement, a plaintiff must prove that its trade dress is distinctive and nonfunctional and the defendant's trade dress is confusingly similar to the plaintiff's.

Accepted Answer

This is the standard for trade dress infringement under the Lanham Act. The plaintiff must establish that their trade dress has secondary meaning to consumers and is not functional or necessary for the product, and that the defendant's trade dress is likely to cause confusion among consumers as to the source of the product.

Question 12

Although processes and machines are eligible for patent protection, manufactures and compositions of matter are not.

Accepted Answer

This statement is incorrect. Manufactures and compositions of matter can be eligible for patent protection.

Question 13

Trademarks may be used to protect the exclusive right to identify either products or services.

Accepted Answer

The answer of Trademarks may be used to protect the...

Question 14

The Sony Bono Copyright Extension Act of 1998 extended copyright protection to the life of the author plus 50 years.

Accepted Answer

The Sonny Bono Copyright Term Extension Act of 1998 extended copyright protection to the life of the author plus 70 years.

Question 15

Trade dress refers to the packaging look and overall image of a product.

Accepted Answer

Trade dress refers to the overall appearance and image of a product, including its packaging, label, color scheme, and other visual elements that help distinguish it from competitors.

Question 16

A copyright owner may prohibit even limited use of copyrighted material if it is used for parody or criticism.

Accepted Answer

Parody and criticism are typically protected under the fair use doctrine, which allows for limited use of copyrighted material without permission for purposes such as commentary, criticism, news reporting, teaching, scholarship, or research. However, the extent of fair use is evaluated on a case-by-case basis, and courts may consider factors such as the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect on the potential market for or value of the copyrighted work. Parody and criticism may still be protected under fair use, but it is not an absolute protection.

Question 17

A copyright is the exclusive right given by federal statutes to the creator of a literary or an artistic work to use, reproduce, and display the work.

Accepted Answer

This is the definition of a copyright as stated in the Copyright Act of 1976.

Question 18

An owner of a copyright may license some of his or her rights to another in exchange for royalty payments.

Accepted Answer

This is true. Copyright owners can grant licenses to others for certain rights related to the copyrighted work, and receive royalty payments in exchange. This allows others to use the work in certain limited ways without infringing on the owner's exclusive rights.

Question 19

In order for a work to be copyrightable, it must possess a significant amount of creativity.

Accepted Answer

The answer of In order for a work to be...

Question 20

All types of patents available under U.S. law are entitled to the same quality and duration of protection once initial filing is perfected with the Patent and Trademark Office in Washington, D.C.

Accepted Answer

Different types of patents, such as utility, design, and plant patents, have varying durations and protections under U.S. law. For example, utility patents generally last for 20 years from the application date, while design patents last for 15 years from the date of grant, and plant patents also last for 20 years from the filing date.

Quiz 9: Intellectual Property Rights and the Internet