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 answer of The word "truck" cannot be a trademark...

Question 2

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

Accepted Answer

This is commonly known as the "life plus seventy" rule and is in line with international copyright law.

Question 3

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 create limitations on the liability of online providers for copyright infringement when they are engaging in certain activities.

Question 4

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 certain conditions, as they are considered to be inventions in the field of biotechnology.

Question 5

Injunctive relief is a common remedy under the Lanham Act.

Accepted Answer

Injunctive relief is a commonly sought remedy in Lanham Act cases, as it allows a court to order a defendant to stop engaging in certain infringing activities.

Question 6

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 7

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 but is being used to identify goods or services. However, the use of the ® symbol (registered trademark) can only be used once the mark is registered with the appropriate government agency.

Question 8

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 mark that was initially descriptive or generic has acquired a distinctive meaning among consumers through extensive use and promotion. This acquired distinctiveness can make the mark eligible for protection under the Lanham Act.

Question 9

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

Accepted Answer

This is true for the United States, where the Trademark Counterfeiting Act allows for the destruction of goods bearing a counterfeit mark without compensating the owner of the goods.

Question 10

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

Accepted Answer

"Palming off" is still found today as a form of unfair competition. It occurs when one company misrepresents its goods or services as those of another company in order to deceive customers into buying from them. This is a violation of intellectual property rights and can result in legal action.

Question 11

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 members of a labor union to identify goods they produce or services they provide. It is a type of collective mark, which is a trademark owned by a group or association rather than an individual.

Question 12

Design patents grant the holder a 14-year monopoly.

Accepted Answer

Design patents in the United States grant the holder a 14-year period of exclusivity.

Question 13

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 14

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 15

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 various forms of creative expression, including advertisements. T-J can apply for copyright protection to prevent others from using or copying its ads without permission.

Question 16

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 an association, cooperative or other collective group, which may include producers of goods but is not limited to them.

Question 17

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 18

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 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

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...

Quiz 40: Intellectual Property