Question 1

A service mark is a mark licensed by a group that has established certain criteria for use of the mark such as "U.L.Tested" or "Good Housekeeping Seal of Approval."

Accepted Answer

A certification mark is a mark licensed by a group that has established certain criteria for use of the mark such as "U.L. Tested" or "Good Housekeeping Seal of Approval."

Question 2

Copyrights protect the expression of creative ideas.

Accepted Answer

Copyrights protect the expression of creative ideas.

Question 3

Which of the following is an example of a product developing secondary meaning?

Accepted Answer

In Qualitex Co. v. Jacobson Products Co., Justice Breyer, writing for a majority of the Supreme Court, noted that a color, if unusual enough in the context, could develop secondary meaning and come to identify goods with their source, just as descriptive words on a product could.

Question 4

Trade dress is entitled to the same protection as a trademark.

Accepted Answer

Trade dress is entitled to the same protection as a trademark.

Question 5

Network Solutions Inc.,is funded by the National Science Foundation and is responsible for registering domain names on the Internet.

Accepted Answer

Network Solutions Inc., (NSI), which is funded by the National Science Foundation, is responsible for registering domain names on the Internet.

Question 6

A[n] ________ is a distinctive mark,word,design,picture,or arrangement that is used by a producer in conjunction with a product and tends to cause consumers to identify the product with the producer.

Accepted Answer

A trademark is a distinctive mark, word, design, picture, or arrangement used with a product that helps consumers identify the product with the producer.

Question 7

Which of the following is true regarding whether the shape of a product or package may be a trademark?

Accepted Answer

The shape of a product or package may be a trademark if it is nonfunctional.

Question 8

The laws of intellectual property protect property that is primarily the result of mental creativity rather than physical effort.

Accepted Answer

Intellectual property consists of the fruits of someone's mind. The laws of intellectual property protect property that is primarily the result of mental creativity rather than physical effort.

Question 9

An invention might be considered a trade secret.

Accepted Answer

Inventions and designs might be considered trade secrets.

Question 10

To be protected in ____________ use,a trademark must be registered with the U.S.Patent and Trademark Office under the Lanham Act of 1947.

Accepted Answer

To be protected in interstate use, a trademark must be registered with the U.S. Patent and Trademark Office (USPTO) under the Lanham Act of 1947.

Question 11

A person who applies for a domain name on the Internet must state in the application that the name will not infringe on anyone else's intellectual property rights.

Accepted Answer

Anyone seeking to register a domain name must now state in the application that the name will not infringe on anyone else's intellectual property rights and that the registrant intends to use it on a regular basis on the Internet.

Question 12

Which of the following was the result on appeal in Crown Awards Inc.,v.Discount Trophy & Communication Inc.,the case in the text involving whether the defendant violated the plaintiff's copyright on a type of trophy?

Accepted Answer

The appellate court concluded that the plaintiff was not required to prove actual access to its trophy design; that the facts established a "reasonable possibility" of access to the plaintiff's design; and that defendant's product, while not identical to the plaintiff's, copied protectable aesthetic decisions to an extent that the "total concept and feel" between plaintiff's trophy and defendant's trophy were the same.

Question 13

Which of the following was the result at the U.S.Supreme Court level in Metro-Goldwyn-Mayer studios Inc.,v.Grokster Ltd.,the case in the text in which the Court addressed the legality of the defendants allowing users to share digital,typical music,files?

Accepted Answer

According to the Court, "[We hold] that one who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties."

Question 14

Copyrights protect ideas themselves.

Accepted Answer

Copyrights do not protect ideas themselves but only the fixed form of expressing them, such as books, periodicals, musical compositions, plays, motion pictures, sound recordings, lectures, works of art, and computer programs.

Question 15

Which of the following was the result at the trial court level in the Case Opener involving Apple's claim that Samsung copied Apple's design of the iPhone and iPad and Samsung's claim that Apple infringed Samsung's patents?

Accepted Answer

The jury found that (1) Samsung infringed Apple's patents, (2) Apple did not infringe Samsung's patents, and (3) the trade dress of Apple's iPhone was diluted by some of Samsung's products.

Question 16

A teacher cannot be held liable for copyright infringement under the Fair Use Doctrine so long as copies are used only for educational purposes.

Accepted Answer

In determining whether the fair-use doctrine provides a valid defense to a claim of copyright infringement, Section 107 of the Copyright Act requires that the court weigh the following four factors: (1) The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes. (2) The nature of the copyrighted work. (3) The amount and substantiality of the portion used in relation to the copyrighted work as a whole, and (4) The effect of the use on the potential market for or value of the copyrighted work.

Question 17

Bob properly filed for a patent on a new machine with the U.S.Patent and Trademark Office.Alice who had been working on the same type of machine was furious when she learned about Bob's filing.She presented proof that she had actually invented the machine first but had not yet prepared the paperwork for filing at the time of Bob's filing.Assuming no wrongdoing on the part of either party and that they developed the machine independently,which of the following is the correct resolution of the dispute?

Accepted Answer

Under the America Invents Act, the first person to file a patent application in the United States for an invention will be deemed to have rights to the invention which is a change from the previous policy, where the first person to invent had the rights to the invention.

Question 18

A tying arrangement occurs when the holder issues a license to use a patented object only if the licensee agrees to buy some non-patented product from the holder.

Accepted Answer

A tying arrangement occurs when the holder issues a license to use the patented object only if the licensee agrees to buy some non-patented product from the holder.

Question 19

In the case of,Toys "R" Us Inc.,v.Canarsie Kiddie Shop Inc.,evidence of actual confusion is a prerequisite for the plaintiff to recover in a trademark infringement action.

Accepted Answer

Evidence of actual confusion is a strong indication that there is a likelihood of confusion. It is not, however, a prerequisite for the plaintiff to recover.

Question 20

Which of the following consists of the fruits of one's mind?

Accepted Answer

Intellectual property consists of the fruits of someone's mind.

Quiz 12: Intellectual Property

A service mark is a mark licensed by a group that has established certain criteria for use of the mark such as "U.L.Tested" or "Good Housekeeping Seal of Approval."

Copyrights protect the expression of creative ideas.

Which of the following is an example of a product developing secondary meaning?

Trade dress is entitled to the same protection as a trademark.

Network Solutions Inc.,is funded by the National Science Foundation and is responsible for registering domain names on the Internet.

A[n] ________ is a distinctive mark,word,design,picture,or arrangement that is used by a producer in conjunction with a product and tends to cause consumers to identify the product with the producer.

Which of the following is true regarding whether the shape of a product or package may be a trademark?

The laws of intellectual property protect property that is primarily the result of mental creativity rather than physical effort.

An invention might be considered a trade secret.

To be protected in ____________ use,a trademark must be registered with the U.S.Patent and Trademark Office under the Lanham Act of 1947.

A person who applies for a domain name on the Internet must state in the application that the name will not infringe on anyone else's intellectual property rights.

Which of the following was the result on appeal in Crown Awards Inc.,v.Discount Trophy & Communication Inc.,the case in the text involving whether the defendant violated the plaintiff's copyright on a type of trophy?

Which of the following was the result at the U.S.Supreme Court level in Metro-Goldwyn-Mayer studios Inc.,v.Grokster Ltd.,the case in the text in which the Court addressed the legality of the defendants allowing users to share digital,typical music,files?

Copyrights protect ideas themselves.

Which of the following was the result at the trial court level in the Case Opener involving Apple's claim that Samsung copied Apple's design of the iPhone and iPad and Samsung's claim that Apple infringed Samsung's patents?

A teacher cannot be held liable for copyright infringement under the Fair Use Doctrine so long as copies are used only for educational purposes.

A tying arrangement occurs when the holder issues a license to use a patented object only if the licensee agrees to buy some non-patented product from the holder.

In the case of,Toys "R" Us Inc.,v.Canarsie Kiddie Shop Inc.,evidence of actual confusion is a prerequisite for the plaintiff to recover in a trademark infringement action.

Which of the following consists of the fruits of one's mind?