Question 1

One of the conditions that must be satisfied for a mark to be registered is that the mark must not be clearly descriptive or deceptively misdescriptive of the character or quality of the wares or services, or their place of origin.

Accepted Answer

This is true according to Section 12(1)(b) of the Canadian Trade-marks Act.

Question 2

Features in an industrial design that are solely functional or utilitarian are not protected under the Industrial Design Act.

Accepted Answer

The Industrial Design Act protects the visual features of shape, configuration, pattern, or ornament applied to a finished article, but it does not protect features that are solely dictated by a utilitarian function of the article.

Question 3

Jack starts a music store called MusicHill. The store specializes in hiphop and other popular music for teenagers. Later, Mary also sets up her own music store and calls it Musichills. To protect his trademark, Jack may register his mark under the Trademarks Act.

Accepted Answer

The answer of Jack starts a music store called MusicHill....

Question 4

Mary makes a photocopy of a textbook she is required to review for a class. Which of the following is true?

Accepted Answer

Mary is protected by the principle of fair dealing, which allows for the reproduction of a copyrighted work for the purpose of criticism, review, or education.

Question 5

Copyright arises automatically simply by the act of creation.

Accepted Answer

Copyright is an automatic right that arises when an original work is created. No formal registration or application is required for copyright protection to apply.

Question 6

Registration alone does not make a person the owner of a trademark.

Accepted Answer

Registration is not the only factor in determining ownership of a trademark. Use in commerce and establishing a strong brand reputation are also important factors in ownership.

Question 7

The best way to protect a business name is by incorporating under that name.

Accepted Answer

Incorporating a business provides some protection, but the best way to protect a business name is through trademark registration, which offers exclusive rights to use the name in commerce.

Question 8

Section 2 of the Trademarks Act defines a trademark to include a distinguishing guise.

Accepted Answer

Section 2 of the Trademarks Act does define a trademark to include a distinguishing guise, along with any word, symbol, design, or combination of these used by a person for their goods or services.

Question 9

Which of the following is not a work in which copyright exists?

Accepted Answer

Copyright does not exist for furniture designs. However, they may be protected under other forms of intellectual property such as design patents or trade dress.

Question 10

Trademark and copyright are the creation of both the common law and statute.

Accepted Answer

Trademark and copyright are primarily governed by statute, although common law can play a role in trademark rights through the doctrine of "passing off."

Question 11

A mark will only be registered when the applicant establishes beyond a shadow of a doubt that it is the owner of the mark it seeks to register.

Accepted Answer

In trademark registration, the applicant must demonstrate a likelihood of ownership and use, not beyond a shadow of a doubt, which is a much higher standard typically used in criminal law.

Question 12

What constitutes infringement of copyright?

Accepted Answer

The answer of What constitutes infringement of copyright?...

Question 13

The only features of an industrial design that are protected under the Industrial Design Act, are features of shape, configuration, pattern or ornament, and combinations of these, that are appealing to the eye and judged in that regard only.

Accepted Answer

The statement correctly describes the scope of protection for industrial designs under the Industrial Design Act. The Act does not protect functional aspects of a design, but only those features that are visually appealing.

Question 14

There is no copyright of ideas.

Accepted Answer

Copyright protects the expression of an idea but not the idea itself. Ideas are considered to be in the public domain and can be used freely. However, if someone expresses that idea in a tangible form, such as a written work or a photograph, that expression may be protected by copyright.

Question 15

A trademark does not have to be registered to be protected.

Accepted Answer

A trademark is automatically protected even without registration, as long as it is being used in commerce. However, registering a trademark provides stronger protection and makes it easier to enforce the rights to the trademark.

Question 16

Jack invents a small portable fan. To protect the fruits of his invention Jack has to register a copyright.

Accepted Answer

Copyright law protects original works of authorship such as literary, musical, and artistic works. It does not protect inventions or functional items such as Jack's portable fan. To protect an invention, one would need to apply for a patent.

Question 17

One of the elements of the tort of passing off is that the plaintiff must establish beyond a reasonable doubt that the misrepresentation has taken place.

Accepted Answer

The statement is incorrect. In order to succeed in a passing off claim, it is not necessary to establish misrepresentation beyond a reasonable doubt. Rather, the plaintiff must show that there is a likelihood of confusion among potential customers as to the origin of the goods or services in question.

Question 18

A mark will only be registered when the applicant provides supporting statements from witnesses that it is the owner of the mark.

Accepted Answer

While supporting statements from witnesses may be helpful in establishing ownership of a mark, they are not a requirement for registration. The applicant can also provide other evidence, such as proof of prior use or ownership of related marks.

Question 19

Alice invents a kayak rudder that is virtually identical to one for which Jim has a patent in Canada. Alice did not know of Jim's rudder and did not copy it. Alice should not produce and market her rudder in Canada because she could be liable for patent infringement.

Accepted Answer

Even if Alice did not intentionally copy Jim's rudder and came up with the invention independently, she could still be liable for patent infringement if her invention is virtually identical to Jim's patented rudder. Therefore, she should not produce and market her rudder in Canada without obtaining a license or permission from Jim.

Question 20

A registered trademark may be infringed by the tort of passing off.

Accepted Answer

Passing off is a common law tort that can be used to protect unregistered trademarks and also applied to registered trademarks. If a third party uses a mark in a way that deceives the public into believing that their goods or services are associated with the trademark owner, then they may be liable for passing off.

Quiz 22: Intellectual Property