Question 1

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 common term used to describe a type of vehicle and cannot be monopolized for that purpose. However, it could potentially be used as a trademark for a completely unrelated product, such as designer jeans.

Question 2

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 protection extends to original works of authorship, which includes literary and artistic works such as magazine and television ads. T-J can apply for copyright protection for its ad campaign to prevent its competitors from using or copying it without permission.

Question 3

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 4

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 5

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 6

Russ would violate the Federal Trademark Act by passing off his product as Kristy's, but not by passing off Kristy's product as his (reverse passing off).

Accepted Answer

The answer of Russ would violate the Federal Trademark Act...

Question 7

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

Accepted Answer

According to the United States Trademark Law, goods bearing a counterfeit mark may be subject to seizure and destruction without compensation to the owner of the goods.

Question 8

Injunctive relief is a common remedy under the Lanham Act.

Accepted Answer

This statement is true. Injunctive relief, which orders a party to stop certain behavior, is a common remedy for trademark infringement under the Lanham Act.

Question 9

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 even if the mark is not registered. However, the symbol ® (registered trademark) can only be used if the mark is registered with the appropriate government agency.

Question 10

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

Accepted Answer

The union mark is a collective mark that represents a group of individuals or organizations associated with a particular product or service. It is registered with the United States Patent and Trademark Office and indicates that the product or service meets certain standards set by the union.

Question 11

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 is a type of acquired distinctiveness that allows a descriptive or generic term to be protected as a trademark under certain conditions. This means that the mark has become associated with a particular source or product in the minds of consumers, making it distinctive enough to warrant trademark protection. The Lanham Act recognizes the importance of secondary meaning and allows for registration of these types of marks.

Question 12

The owner of a collective mark must produce the goods it seeks to mark.

Accepted Answer

The owner of a collective mark does not produce goods themselves, but instead, the mark is used by multiple producers who are members of the collective organization.

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

Microorganisms can be patented under US law, provided that they are new, non-obvious, and useful. The corporation can file a patent application for their genetically engineered microorganism to secure exclusive rights to make, use, and sell the invention.

Question 14

Design patents grant the holder a 14-year monopoly.

Accepted Answer

Design patents in the United States grant the holder a 14-year monopoly from the date of grant.

Question 15

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 16

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 17

"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 and is prohibited in many countries' laws and regulations. It refers to the act of passing off one's goods or services as those of another, thereby deceiving or confusing customers.

Question 18

Copyright protection lasts for the period of an author's life plus an additional seventy years.

Accepted Answer

This is in line with the standard copyright law in countries such as the United States and United Kingdom. However, copyright laws may vary in different countries.

Question 19

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 20

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...

Quiz 41: Intellectual Property