Question 1

Which of the following are generic terms?

Accepted Answer

All of the above terms have become generic over time due to common usage, despite originally being trademarked.

Question 2

Which of these has an indefinite duration (assuming proper processes are followed)? 
I. Trademarks
II. Patents
III. Copyrights
IV. Trade secrets

Accepted Answer

Trademarks and trade secrets can have an indefinite duration if they are properly maintained and protected. Trademarks require renewal and continued use, while trade secrets must remain confidential.

Question 3

What of the following could be protected as a trade secret?

Accepted Answer

Trade secrets can include a wide range of confidential business information that provides a competitive edge, such as chemical formulas, supply chain management systems, and customer lists.

Question 4

The Digital Millennium Copyright Act:

Accepted Answer

The DMCA makes it illegal to create or distribute technology that circumvents measures protecting copyrighted works.

Question 5

Yanni's Yachts has created a specially designed awning for its boats. Yanni's did not patent the awning. Dream Boats purchased one of Yanni's boats and then copied the awning from the boat it purchased from Yanni.

Accepted Answer

Since Yanni's Yachts did not patent the awning, Dream Boats did not violate any patent rights by copying it. Additionally, without a patent or trade secret protection, there is no legal misappropriation.

Question 6

Written product disparagement is known as:

Accepted Answer

Trade libel refers to the written defamation or disparagement of a product or service, which can harm the reputation or sales of the product.

Question 7

The EU's one-stop trademark registration is called the:

Accepted Answer

The EU's one-stop trademark registration system is called the Community Trademark (CTM), which allows for trademark protection across all EU member states with a single application.

Question 8

What organization is responsible for the registration of Internet domain names?

Accepted Answer

The Internet Corporation for Assigned Names and Numbers (ICANN) is responsible for the coordination and management of the domain name system, including the registration of Internet domain names.

Question 9

The Sonny Bono Copyright Extension Act:

Accepted Answer

The Sonny Bono Copyright Extension Act, also known as the Copyright Term Extension Act of 1998, extended the duration of copyright protection for works created by individuals to 70 years after the death of the author.

Question 10

Trade dress:

Accepted Answer

Trade dress can be protected if it is distinct and if there is a likelihood of confusion among consumers.

Question 11

At Anne's Beauty Emporium, Della operates a small store-within-a-store in which she sells bags that appear to be designer Prada and Gucci handbags. The bags are priced at Della's at between $65 and $190 each. The price for the same Prada and Gucci bags in department stores would be between $325 and $900. Della is probably selling:

Accepted Answer

The answer of At Anne's Beauty Emporium, Della operates a...

Question 12

Which of the following does not require public registration?

Accepted Answer

Trade secrets do not require public registration as they are protected through confidentiality measures and agreements rather than formal registration.

Question 13

Which of the following would clearly be a fair use of a copyrighted work?

Accepted Answer

Quoting a paragraph in a review article is likely fair use because it is transformative, uses a small portion, and is for commentary/criticism.

Question 14

Professor Winona Wright has just read an article in Fortune magazine about issues in the Enron bankruptcy. She wishes to share it with her class that morning and makes 50 copies to distribute to them. Professor Wright:

Accepted Answer

The answer of Professor Winona Wright has just read an...

Question 15

The "likelihood of confusion" standard is used:

Accepted Answer

The "likelihood of confusion" standard is used in trademark infringement cases to determine if consumers are likely to be confused about the source of goods or services due to the use of similar trademarks.

Question 16

Which of the following is a generic term?

Accepted Answer

"Cola" is a generic term used to describe a type of carbonated soft drink, whereas the other options are specific brand names.

Question 17

Copying an article from a computer science journal that sells subscriptions and then distributing it to 25 employees at your company:

Accepted Answer

Copying and distributing an article from a subscription-based journal without permission typically constitutes copyright infringement, as it violates the exclusive rights of the copyright holder.

Question 18

The Trademark Dilution Act provides a remedy for:

Accepted Answer

The Trademark Dilution Act provides a remedy for the commercial use of another's trademark that diminishes its uniqueness or harms its reputation, even without causing confusion.

Question 19

Ted's Red Hots is a hot dog restaurant that has the shape of a hot dog in a bun, with the hot dog wearing a white chef's hat at one end. Wally's is a new hot dog restaurant that has a wiener dog shape with the wiener dog wearing a white chef's hat. Ted's probably has an infringement claim based on:

Accepted Answer

Trade dress appropriation involves the visual appearance of a product or its packaging that signifies the source of the product to consumers. Ted's Red Hots could claim that Wally's is infringing on their trade dress by using a similar design that could confuse consumers.

Question 20

Trade secrets:

Accepted Answer

The answer of Trade secrets:
...

Quiz 14: Business and Intellectual Property Law