Question 1

Give an account of trademark dilution.

Accepted Answer

The answer of Give an account of trademark dilution....

Question 2

John Crichton had applied for a trademark logo at the U.S.Patent and Trademark Office for his new startup company, stating that he would use the logo in commerce within the next six months.But even after six months he had not yet used the logo.Which of the following recourses does trademark law allow John Crichton so that he can retain his logo till he uses it in commerce?
A)Apply for a six-month extension for the logo.
B)Change the logo slightly, and reapply for the newly altered logo.
C)Pay a fine so that the trademark gets registered immediately.
D)Cancel the current application and apply for the same logo again.

Accepted Answer

Trademark law allows John Crichton to file for an extension of his trademark registration for a period of up to six months if he hasn't used the logo in commerce. This gives him additional time to begin using the logo and to establish a basis for his trademark rights. Choosing B, C, or D is not the best option since changing the logo slightly would require a new trademark application, paying a fine is not a valid option to register a trademark, and canceling the current application and reapplying would require additional fees and time-consuming formalities.

Question 3

A ________ mark is mark that confirms that a seller of a product or service has met certain geographical location requirements, quality standards, material standards, or mode of manufacturing standards established by the owner of the mark.
A)sellers
B)certification
C)service
D)collective membership

Accepted Answer

The description given perfectly fits the definition of a certification mark, which is used to confirm that a product or service meets specific standards established by the owner of the mark.

Question 4

Which of the following accurately describes the fair use doctrine with reference to copyrighted material?
A)It stipulates the time period for which a copyright holder can retain his copyright.
B)It permits certain limited use of a copyright by someone other than the copyright holder without the permission of the copyright holder.
C)It permits use of copyright material by someone other than the copyright holder at a fixed fee.
D)It guides the U.S.Copyright Office in determining what works require copyrights based on the works' validity.

Accepted Answer

The fair use doctrine allows for limited use of copyrighted material without obtaining permission from the copyright holder, for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. The specific circumstances for fair use are determined through a balancing test of various factors, such as the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect on the market for the original work. The fair use doctrine does not stipulate the time period for retaining copyright, does not require a fixed fee for use, and does not guide the Copyright Office in determining which works require copyright.

Question 5

"Just Do It" is a famous tagline used by the Nike Corporation.Which of the following types of intellectual property would this tagline come under?
A)patent
B)trade secret
C)trademark
D)copyright

Accepted Answer

"Just Do It" is a well-known slogan associated with Nike's products and services. As such, it functions as a trademark, identifying the origin of the goods, and distinguishing them from those of other companies. Patent refers to protecting an invention or process, trade secret refers to confidential business information, and copyright refers to the original expression of ideas.

Question 6

________ is any trade name, symbol, word, logo, design, or device used to identify and distinguish goods of a manufacturer or seller or services of a provider from those of other manufacturers, sellers, or providers.
A)Trade secret
B)Trademark
C)Patent
D)Copyright

Accepted Answer

A trademark is a symbol or design used by a company to distinguish its products from those of other companies. It is a form of intellectual property that helps consumers identify and choose products that meet their needs.

Question 7

Explain the process of copyright registration.

Accepted Answer

The answer of Explain the process of copyright registration....

Question 8

What is acquiring secondary meaning in trademark terms?
A)when a mark that resembles a mark already registered with the federal PTO is used for a new product or service
B)when descriptive words are used that have no direct relevance to a product or service
C)when ordinary words establish new meaning due to its attachment to a product or service
D)when a distinctive mark or design is created for a new product or service

Accepted Answer

Acquiring secondary meaning refers to when ordinary words establish a new meaning due to their attachment to a product or service. This can happen when a word or phrase becomes so closely associated with a particular brand that it no longer just describes the product or service, but instead has come to represent that brand specifically. This is why secondary meaning is often used to help protect trademarks that might otherwise be considered too generic or descriptive to be eligible for protection.

Question 9

Which of the following intellectual properties is protected by the Lanham Act?
A)trademark
B)trade secret
C)copyright
D)patent

Accepted Answer

The Lanham Act primarily protects trademarks by regulating the registration, use, and enforcement of trademarks in commerce.

Question 10

In terms of copyright law, the use of copyrighted material in a satire or parody would be an example of ________.
A)copyright infringement
B)application of fair use doctrine
C)piracy
D)copyright sharing

Accepted Answer

The fair use doctrine allows for the limited use of copyrighted material in certain circumstances, such as for commentary, criticism, news reporting, teaching, scholarship, or research. Satire and parody are also considered to fall under the category of commentary or criticism, and therefore may be protected under fair use. However, the extent to which such use is allowed is subjective and could be subject to legal interpretation.

Question 11

Uploading copyrighted material to an unauthorized web site by a non-copyright holder would count as an act of copyright infringement under the ________.
A)Digital Millennium Copyright Act
B)Berne Convention Act
C)Sonny Bono Copyright Term Extension Act
D)No Electronic Theft Act

Accepted Answer

The answer of Uploading copyrighted material to an unauthorized web...

Question 12

Give an account of the Economic Espionage Act and its importance in combating cyber piracy.

Accepted Answer

The answer of Give an account of the Economic Espionage...

Question 13

How is a copyright different from a patent?
A)Copyrights are applied for inventions, while a patent is applied for tangible writings.
B)Patents have a limited term period, while copyrights carry lifelong terms.
C)Patents fall under the federal law, while copyrights fall under state law.
D)Copyrights should be novel, and useful, while patents need not be so.

Accepted Answer

Patents have a limited term, typically 20 years from the filing date for utility and plant patents, while copyrights generally last for the life of the author plus an additional 70 years for works created after January 1, 1978. This distinction highlights the different durations of protection offered by each type of intellectual property right.

Question 14

What is a provisional patent application?

Accepted Answer

The answer of What is a provisional patent application?...

Question 15

A company logo would be an example of a ________.
A)trade secret
B)patent
C)trademark
D)copyright

Accepted Answer

A company logo is a symbol, design, or word that identifies and distinguishes a company's products or services from those of other companies. This is known as a trademark. A trade secret refers to confidential business information that a company keeps secret to maintain a competitive advantage. A patent is a form of legal protection for inventions or innovations. Copyright refers to the legal rights granted to the creator of an original work, such as a book, song, or piece of art.

Question 16

A ________ is a term for a mark that has become a common term for a product line or type of service and therefore has lost its trademark protection.
A)service mark
B)orphan work
C)generic name
D)private brand

Accepted Answer

A generic name is a term for a mark that has become a common term for a product line or type of service and, as a result, has lost its trademark protection.

Question 17

Which one of the following would constitute a copyright infringement?
A)a brief quotation in a news report
B)use of copyrighted material in a spoof or satire
C)using several clips from a movie in a documentary
D)reproduction by a teacher or student of a small part of the work to illustrate a lesson

Accepted Answer

Using several clips from a movie in a documentary without permission or license would constitute copyright infringement.

Question 18

Explain what a generic name is with reference to trademarks.

Accepted Answer

The answer of Explain what a generic name is with...

Question 19

________ is a type of trademark dilution where a famous mark is linked to products of inferior quality or is portrayed in an unflattering, immoral, or reprehensible context likely to evoke negative beliefs about the mark's owner.
A)Blurring
B)Tarnishment
C)Trolling
D)Astroturfing

Accepted Answer

Tarnishment is the type of trademark dilution where a famous mark is linked to products of inferior quality or is portrayed in an unflattering, immoral, or reprehensible context likely to evoke negative beliefs about the mark's owner.

Question 20

A mark that indicates that a person has met the standards set by an organization and is a member of that organization is known as a(n)________ mark.
A)collective membership
B)certification
C)service
D)ownership

Accepted Answer

A collective membership mark indicates that the person using the mark is a member of a particular organization and has met its standards.

Quiz 7: Intellectual Property and Cyber Piracy

Give an account of trademark dilution.

A ________ mark is mark that confirms that a seller of a product or service has met certain geographical location requirements, quality standards, material standards, or mode of manufacturing standards established by the owner of the mark.

Which of the following accurately describes the fair use doctrine with reference to copyrighted material?

"Just Do It" is a famous tagline used by the Nike Corporation.Which of the following types of intellectual property would this tagline come under?

________ is any trade name, symbol, word, logo, design, or device used to identify and distinguish goods of a manufacturer or seller or services of a provider from those of other manufacturers, sellers, or providers.

Explain the process of copyright registration.

What is acquiring secondary meaning in trademark terms?

Which of the following intellectual properties is protected by the Lanham Act?

In terms of copyright law, the use of copyrighted material in a satire or parody would be an example of ________.

Uploading copyrighted material to an unauthorized web site by a non-copyright holder would count as an act of copyright infringement under the ________.

Give an account of the Economic Espionage Act and its importance in combating cyber piracy.

How is a copyright different from a patent?

What is a provisional patent application?

A company logo would be an example of a ________.

A ________ is a term for a mark that has become a common term for a product line or type of service and therefore has lost its trademark protection.

Which one of the following would constitute a copyright infringement?

Explain what a generic name is with reference to trademarks.

________ is a type of trademark dilution where a famous mark is linked to products of inferior quality or is portrayed in an unflattering, immoral, or reprehensible context likely to evoke negative beliefs about the mark's owner.

A mark that indicates that a person has met the standards set by an organization and is a member of that organization is known as a(n) ________ mark.