Question 1

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 Extension Act of 1998 extended copyright protection to the life of the author plus 70 years.

Question 2

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

Accepted Answer

False

Question 3

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

Accepted Answer

This statement is false. Manufactures (i.e. physical objects) and compositions of matter (i.e. chemical compounds) are both eligible for patent protection.

Question 4

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. Utility patents generally last for 20 years from the application date, design patents last for 15 years from the grant date, and plant patents last for 20 years from the application date.

Question 5

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

Accepted Answer

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

Question 6

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 statement is true.

Question 7

Protection for trade dress is available under the Lanham Act.

Accepted Answer

Trade dress can be protected under section 43(a) of the Lanham Act, which prohibits false or misleading descriptions of a product's source or origin, including the overall image of a product or its packaging.

Question 8

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

Accepted Answer

Trade dress refers to the visual appearance of a product, including its packaging, color, shape, and overall image. It can serve as a trademark and be protected under intellectual property laws.

Question 9

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 95 years from the date of publication or 120 years from the date of creation, whichever is shorter. It does not depend on the life of the creator.

Question 10

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

Accepted Answer

This statement is true. A copyright owner may choose to grant a license to another person or entity to use their copyrighted work in exchange for royalty payments. This allows the licensee to use the work while the copyright owner retains ownership and control over the work.

Question 11

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, texture, graphics, and design, not words, names, symbols, or devices, which are typically considered trademarks.

Question 12

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

Although a federal trademark registration can last indefinitely as long as the renewal requirements are met, the exclusive right to use the mark must be continually enforced by the owner to prevent others from using similar marks that could create confusion among consumers. Additionally, the registration can be cancelled or invalidated if it is found to be invalid or in violation of certain laws or regulations.

Question 13

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 a correct statement. The plaintiff must prove the distinctiveness and nonfunctionality of their trade dress, and demonstrate that the defendant's trade dress is likely to cause confusion among consumers.

Question 14

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 protection; works are protected automatically upon creation without the need for formal registration or copyright notices.

Question 15

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 question.

Question 16

A copyright prevents the copying of an idea.

Accepted Answer

Copyright protects the expression of ideas, such as writing, music, and art, not the ideas themselves.

Question 17

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 considered fair use exceptions to copyright law, which allow limited use of copyrighted material without permission from the owner. However, there are limits to this exception and it may not always apply in certain circumstances.

Question 18

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

Accepted Answer

This is a basic principle of trademark law known as genericide. If a trademark becomes so widely used that it no longer distinguishes the source of the goods or services, it may lose its protection and become generic. Allowing others to use the trademark can contribute to this loss of distinctiveness.

Question 19

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 20

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 are used in a distinctive way that identifies the source of a particular product or service. However, they may be more difficult to protect than other types of trademarks.

Quiz 9: Intellectual Property Rights and the Internet