Question 1

The standard that must be met for a plaintiff to win a trademark infringement claim is likelihood of confusion.

Accepted Answer

This is the standard used in United States trademark law. In order for a plaintiff to win a trademark infringement claim, they must prove that the defendant's use of the trademark is likely to cause confusion among consumers about the source of the goods or services.

Question 2

An essentially minimal improvement to an existing invention that is not worthy of patent protection is called a[n] _______ improvement and is considered relatively obvious.

Accepted Answer

de minimus

Question 3

Illegal acquisition of a company's trade secret constitutes _______.

Accepted Answer

misappropriation

Question 4

"After Tan" is an example of a[n] _______ trademark.

Accepted Answer

The answer of "After Tan" is an example of a[n]...

Question 5

When an invention is shown to be new and unique,the invention has met the _______ standard.

Accepted Answer

The answer of When an invention is shown to be...

Question 6

When a copyright owner can prove that she or he has legal ownership of the work and that the infringer copied the work without permission,this is called _______ infringement.

Accepted Answer

The answer of When a copyright owner can prove that...

Question 7

Allen calls PepsiCo,the makers of Pepsi Cola,saying that he is an employee of Coca-Cola and he has the Coca-Cola secret recipe.The recipe is legendary as a closely guarded secret supposedly known to only a handful of people in the world.They arrange a meeting.Allen begins the meeting by stating that he acquired the recipe legally,and the PepsiCo representative says that she believes him and PepsiCo will buy it.Allen in fact stole the recipe.Since PepsiCo does not know specifically that the recipe was acquired improperly by Allen,the company cannot be guilty of misappropriation.

Accepted Answer

PepsiCo would be guilty of misappropriation if they had knowledge that the recipe was acquired improperly, even if they believed Allen's claim that it was acquired legally. Since Allen stole the recipe, it was acquired improperly and PepsiCo could potentially be found guilty of misappropriation if it is discovered that they knew or should have known that the recipe was not lawfully obtained.

Question 8

Philip has reproduced a patented device,leaving out an insignificant function.He would still be violating the original patent according to the doctrine of _______.

Accepted Answer

The answer of Philip has reproduced a patented device,leaving out...

Question 9

All trade secrets are protectable by either patent or copyright laws.

Accepted Answer

Trade secrets are a type of intellectual property that are not protected by either patent or copyright laws. Instead, they are protected by laws and agreements that prohibit unauthorized disclosure or use of confidential information.

Question 10

"Uber" is an example of a[n] _______ trademark.

Accepted Answer

The answer of "Uber" is an example of a[n] _______...

Question 11

When a trademark has become representative of a broad type of products as opposed to being descriptive of a particular brand,the trademark has become _______ and the holder has lost the right to enforce the mark against competitors.

Accepted Answer

The answer of When a trademark has become representative of...

Question 12

Suggestive trademarks gain trademark protection only if they have acquired a secondary meaning.

Accepted Answer

Suggestive trademarks are inherently distinctive and can be protected without proving secondary meaning, unlike descriptive trademarks which require secondary meaning for protection.

Question 13

"Tweet" is a descriptive mark that has acquired a secondary meaning and is afforded protection.

Accepted Answer

This is true. "Tweet" is a term that originally referred to the sound made by a bird, but it has also come to refer to short messages sent on social media platforms like Twitter. As a result, "Tweet" has acquired a secondary meaning in the context of social media, and can be considered a descriptive mark that is eligible for trademark protection.

Question 14

If an item has been patented but has not been marked as patented and infringement occurs,the patent holder is generally barred from collecting damages.

Accepted Answer

If an item has been patented but has not been marked as patented and infringement occurs, the patent holder is generally barred from collecting damages because the public is not on notice of the patent and cannot be held liable for infringement.

Question 15

Satires and parodies have generally been deemed not to be copyright infringement due to the fair use defense.

Accepted Answer

Satires and parodies are often protected under the fair use defense, as they are considered transformative works that comment on or criticize the original work. However, it is important to note that there is no set formula for determining fair use, and each case is evaluated on a case-by-case basis.

Question 16

The visitor's bureau in your school's county has a website with a section titled "Education." This section of the site has hyperlinks to each elementary through high school as well as links to colleges and universities with campuses in the county.If the link to your school's home page was placed on the bureau's site,without your school's consent,the travel bureau is guilty of infringement.

Accepted Answer

Linking to another website, including a school's homepage, without consent is generally not considered infringement as long as the content is not copied or presented in a misleading manner.

Question 17

A patent pertaining to an invention is called a[n] _______ patent.

Accepted Answer

The answer of A patent pertaining to an invention is...

Question 18

If a written work has been completed but has not been put into the public domain,fair use can never be used as a defense if the work is copied or used by another.

Accepted Answer

Fair use may still be a defense even if the work is not in the public domain, as long as the use falls under one of the four factors of fair use (purpose and character of the use, nature of the copyrighted work, amount and substantiality of the portion used, and effect on the market for the original work). However, the lack of being in the public domain may limit the scope of fair use.

Question 19

"Under Armour" is an example of a[n] _______ trademark.

Accepted Answer

The answer of "Under Armour" is an example of a[n]...

Question 20

The rule of omission applies when someone creates something that replicates an item already patented but deletes a feature included in the original product.The new product will not be considered a patent infringement if the deleted feature was a significant element of the original.

Accepted Answer

The rule of omission allows for the creation of a new product that is similar to a patented item but with a deleted feature. This new product will not be considered a patent infringement if the deleted feature was not a significant element of the original.

Quiz 24: Intellectual Property