Question 1

Which of the following was developed by the United Nations as an alternative for countries who wanted to participate in some form of multilateral protection of copyrights,but did not want to agree to the terms of the Berne Convention?

Accepted Answer

A)The Universal Copyright Convention UCC)was developed by the United
Nations as an alternative for countries that wanted to participate in some form of multilateral protection of copyrights but did not want to agree to the terms of the Berne Convention.
B)The Universal Copyright Convention UCC)was developed by the United Nations as an alternative for countries that wanted to participate in some form of multilateral protection of copyrights but did not want to agree to the terms of the Berne Convention.

Question 2

The address of a government website ends with ________.

Accepted Answer

A)Most web sites have two domains.The first-level domain,the one the address
ends with,generally identifies the type of site.For example,if it is a government site,it will end in gov.
B)Most web sites have two domains.The first-level domain,the one the address ends with,generally identifies the type of site.For example,if it is a government site,it will end in gov.
C)Most web sites have two domains.The first-level domain,the one the address ends with,generally identifies the type of site.For example,if it is a government site,it will end in gov.
D)Most web sites have two domains.The first-level domain,the one the address ends with,generally identifies the type of site.For example,if it is a government site,it will end in gov.
E)Most web sites have two domains.The first-level domain,the one the address ends with,generally identifies the type of site.For example,if it is a government site,it will end in gov.

Question 3

The address of a business website ends with ________.

Accepted Answer

A)Most web sites have two domains.The first-level domain,the one the address
ends with,generally identifies the type of site.For example,a business website ends in com.
B)Most web sites have two domains.The first-level domain,the one the address ends with,generally identifies the type of site.For example,a business website ends in com.
C)Most web sites have two domains.The first-level domain,the one the address ends with,generally identifies the type of site.For example,a business website ends in com.
D)Most web sites have two domains.The first-level domain,the one the address ends with,generally identifies the type of site.For example,a business website ends in com.
E)Most web sites have two domains.The first-level domain,the one the address ends with,generally identifies the type of site.For example,a business website ends in com.

Question 4

Which of the following is a principle of The Paris Convention of 1883?

Accepted Answer

A)The Paris Convention of 1883 has three basic principles: 1)national treatment,
as defined under the Berne Convention,2)the right of priority,which allows a national of a member state,12 months after filing in his or her home nation,to file an application in any other member state and have the date of application be the date of the filing in the home nation,and 3)common rules,which set out minimum standards of protection in all states.
B)The Paris Convention of 1883 has three basic principles: 1)national treatment,as defined under the Berne Convention,2)the right of priority,which allows a national of a member state,12 months after filing in his or her home nation,to file an application in any other member state and have the date of application be the date of the filing in the home nation,and 3)common rules,which set out minimum standards of protection in all states.
C)The Paris Convention of 1883 has three basic principles: 1)national treatment,as defined under the Berne Convention,2)the right of priority,which allows a national of a member state,12 months after filing in his or her home nation,to file an application in any other member state and have the date of application be the date of the filing in the home nation,and 3)common rules,which set out minimum standards of protection in all states.

Question 5

Which of the following administers international treaties pertaining to the protection of intellectual property?

Accepted Answer

A)The primary international protection for intellectual property is offered through
multilateral conventions.These treaties are generally administered by the World Intellectual Property Organization,a specialized agency of the United Nations.
B)The primary international protection for intellectual property is offered through multilateral conventions.These treaties are generally administered by the World Intellectual Property Organization,a specialized agency of the United Nations.
C)The primary international protection for intellectual property is offered through multilateral conventions.These treaties are generally administered by the World Intellectual Property Organization,a specialized agency of the United Nations.
D)The primary international protection for intellectual property is offered through multilateral conventions.These treaties are generally administered by the World Intellectual Property Organization,a specialized agency of the United Nations.
E)The primary international protection for intellectual property is offered through multilateral conventions.These treaties are generally administered by the World Intellectual Property Organization,a specialized agency of the United Nations.

Question 6

Which of the following is true regarding what may be the subject of a patent?

Accepted Answer

A)A patent protects a product,process,invention,machine,or plant produced by asexual reproduction.
B)A patent protects a product,process,invention,machine,or plant produced by asexual reproduction.
C)A patent protects a product,process,invention,machine,or plant produced by asexual reproduction.
D)A patent protects a product,process,invention,machine,or plant produced by asexual reproduction.
E)A patent protects a product,process,invention,machine,or plant produced by asexual reproduction.

Question 7

The address of an organization website ends with ________.

Accepted Answer

A)Most web sites have two domains.The first-level domain,the one the address
ends with,generally identifies the type of site.For example,an organization site will end in org.
B)Most web sites have two domains.The first-level domain,the one the address ends with,generally identifies the type of site.For example,an organization site will end in org.
C)Most web sites have two domains.The first-level domain,the one the address ends with,generally identifies the type of site.For example,an organization site will end in org.
D)Most web sites have two domains.The first-level domain,the one the address ends with,generally identifies the type of site.For example,an organization site will end in org.
E)Most web sites have two domains.The first-level domain,the one the address ends with,generally identifies the type of site.For example,an organization site will end in org.

Question 8

A registrant may lose registration of a domain name for Internet usage by not using it for more than ________ days.

Accepted Answer

A)A registrant may lose registration of a domain name by not using it for more than 90 days.
B)A registrant may lose registration of a domain name by not using it for more than 90 days.
C)A registrant may lose registration of a domain name by not using it for more than 90 days.
D)A registrant may lose registration of a domain name by not using it for more than 90 days.
E)A registrant may lose registration of a domain name by not using it for more than 90 days.

Question 9

Which of the following is true regarding the No Electronic Theft Act?

Accepted Answer

A)The No Electronic Theft Act makes it illegal for a person not only to infringe a copyright for commercial purposes or financial gain but also to reproduce or distribute,for no financial gain,the copyrighted work of another.Criminal penalties for violating the act include fines of up to $250,000 and imprisonment for up to five years.

Question 10

Which of the following is false regarding trade secret protection?

Accepted Answer

A)Competitors may discover a trade secret by any lawful means,such as by doing
reverse engineering or by going on a public plant tour and observing its use.
B)Competitors may discover a trade secret by any lawful means,such as by doing reverse engineering or by going on a public plant tour and observing its use.
C)Competitors may discover a trade secret by any lawful means,such as by doing reverse engineering or by going on a public plant tour and observing its use.
D)Competitors may discover a trade secret by any lawful means,such as by doing reverse engineering or by going on a public plant tour and observing its use.
E)Competitors may discover a trade secret by any lawful means,such as by doing reverse engineering or by going on a public plant tour and observing its use.

Question 11

Regarding Jonah's claim that actual confusion among consumers did not exist,which statement is accurate?

Accepted Answer

A)Evidence of actual confusion is a strong indication that there is a likelihood of
confusion.It is not,however,a prerequisite for the plaintiff to recover.
B)Evidence of actual confusion is a strong indication that there is a likelihood of confusion.It is not,however,a prerequisite for the plaintiff to recover.
C)Evidence of actual confusion is a strong indication that there is a likelihood of confusion.It is not,however,a prerequisite for the plaintiff to recover.
D)Evidence of actual confusion is a strong indication that there is a likelihood of confusion.It is not,however,a prerequisite for the plaintiff to recover.
E)Evidence of actual confusion is a strong indication that there is a likelihood of confusion.It is not,however,a prerequisite for the plaintiff to recover.

Question 12

[Grooming Dispute] Marcus has a successful dog grooming business called "Bark & Bath." He registered the business name for trademark protection.Jonah noticed how well Marcus was doing and opened his own business called "Bark & Bath II." Marcus is unhappy about Jonah's use of the name.He is also unhappy because Jonah is copying Marcus's practice of tying a bright orange bandana around each dog's neck immediately after grooming.Marcus sues Jonah for trademark infringement based upon the name and the use of the orange bandana.Jonah replies that one reason Marcus should not prevail is that he is involved primarily in the sale of dog grooming products while Marcus is involved in the grooming of dogs.Jonah claims that his use of the orange bandana is very rare because he does very little grooming.Jonah also defends on the basis that actual confusion among consumers does not exist.Marcus insists that he should prevail and notes that he is considering expanding into the product sales area.
-Regarding Marcus' claim of trademark infringement involving the color of the bandana,which statement is accurate?

Accepted Answer

A)In Qualitex Co.v.Jacobson Products Co. ,Justice Breyer,writing for a majority of the Supreme Court,recognized that a color,if unusual enough in the context,could in fact come to identify goods with their source,just as descriptive words on a product could.
B)In Qualitex Co.v.Jacobson Products Co. ,Justice Breyer,writing for a majority of the Supreme Court,recognized that a color,if unusual enough in the context,could in fact come to identify goods with their source,just as descriptive words on a product could.
C)In Qualitex Co.v.Jacobson Products Co. ,Justice Breyer,writing for a majority of the Supreme Court,recognized that a color,if unusual enough in the context,could in fact come to identify goods with their source,just as descriptive words on a product could.
D)In Qualitex Co.v.Jacobson Products Co. ,Justice Breyer,writing for a majority of the Supreme Court,recognized that a color,if unusual enough in the context,could in fact come to identify goods with their source,just as descriptive words on a product could.
E)In Qualitex Co.v.Jacobson Products Co. ,Justice Breyer,writing for a majority of the Supreme Court,recognized that a color,if unusual enough in the context,could in fact come to identify goods with their source,just as descriptive words on a product could.

Question 13

Regarding Marcus' claim that the name Jonah chose violates his trademark protection,which statement is accurate?

Accepted Answer

A)In Toys "R" Us,Inc. ,v.Canarsie Kiddie Shop,Inc. ,the court explained that "[T]he key inquiry is…whether a similarity exists which is likely to cause confusion.This test must be applied from the perspective of prospective purchasers.Thus,it must be determined whether the impression which the infringing [mark] makes upon the consumer is such that he is likely to believe the product is from the same source as the one he knows under the trade-mark."
B)In Toys "R" Us,Inc. ,v.Canarsie Kiddie Shop,Inc. ,the court explained that "[T]he key inquiry is…whether a similarity exists which is likely to cause confusion.This test must be applied from the perspective of prospective purchasers.Thus,it must be determined whether the impression which the infringing [mark] makes upon the consumer is such that he is likely to believe the product is from the same source as the one he knows under the trade-mark."
C)In Toys "R" Us,Inc. ,v.Canarsie Kiddie Shop,Inc. ,the court explained that "[T]he key inquiry is…whether a similarity exists which is likely to cause confusion.This test must be applied from the perspective of prospective purchasers.Thus,it must be determined whether the impression which the infringing [mark] makes upon the consumer is such that he is likely to believe the product is from the same source as the one he knows under the trade-mark."
D)In Toys "R" Us,Inc. ,v.Canarsie Kiddie Shop,Inc. ,the court explained that "[T]he key inquiry is…whether a similarity exists which is likely to cause confusion.This test must be applied from the perspective of prospective purchasers.Thus,it must be determined whether the impression which the infringing [mark] makes upon the consumer is such that he is likely to believe the product is from the same source as the one he knows under the trade-mark."
E)In Toys "R" Us,Inc. ,v.Canarsie Kiddie Shop,Inc. ,the court explained that "[T]he key inquiry is…whether a similarity exists which is likely to cause confusion.This test must be applied from the perspective of prospective purchasers.Thus,it must be determined whether the impression which the infringing [mark] makes upon the consumer is such that he is likely to believe the product is from the same source as the one he knows under the trade-mark."

Question 14

When a patent is issued for an object,it gives its holder the exclusive right to produce,sell,and use the object of the patent for ________ years from the date of application.

Accepted Answer

A)When a patent is issued for an object,it gives its holder the exclusive right to
produce,sell,and use the object of the patent for 20 years from the date of application.
B)When a patent is issued for an object,it gives its holder the exclusive right to produce,sell,and use the object of the patent for 20 years from the date of application.
C)When a patent is issued for an object,it gives its holder the exclusive right to produce,sell,and use the object of the patent for 20 years from the date of application.
D)When a patent is issued for an object,it gives its holder the exclusive right to produce,sell,and use the object of the patent for 20 years from the date of application.
E)When a patent is issued for an object,it gives its holder the exclusive right to produce,sell,and use the object of the patent for 20 years from the date of application.

Question 15

Which of the following provides that a portion of a copyrighted work may be reproduced for purposes of criticism,comment,news reporting,teaching,scholarship,and research?

Accepted Answer

A)The fair use doctrine provides that others may reproduce a portion of a
copyrighted work for purposes of criticism,comment,news reporting,teaching including multiple copies for classroom use),scholarship,and research.
B)The fair use doctrine provides that others may reproduce a portion of a copyrighted work for purposes of criticism,comment,news reporting,teaching including multiple copies for classroom use),scholarship,and research.
C)The fair use doctrine provides that others may reproduce a portion of a copyrighted work for purposes of criticism,comment,news reporting,teaching including multiple copies for classroom use),scholarship,and research.
D)The fair use doctrine provides that others may reproduce a portion of a copyrighted work for purposes of criticism,comment,news reporting,teaching including multiple copies for classroom use),scholarship,and research.
E)The fair use doctrine provides that others may reproduce a portion of a copyrighted work for purposes of criticism,comment,news reporting,teaching including multiple copies for classroom use),scholarship,and research.

Question 16

The question of whether Marcus intends to expand into the area of dog grooming product sales is relevant to which concept in a consideration of trademark infringement?

Accepted Answer

A)Bridging the gap refers to two distinct possibilities;first,that the senior user presently intends to expand his sales efforts to compete directly with the junior user,thus creating the likelihood that the two products will be directly competitive;second,that while there is no present intention to bridge the gap,consumers will assume otherwise and conclude,in this era of corporate diversification,that the parties are related companies.
B)Bridging the gap refers to two distinct possibilities;first,that the senior user presently intends to expand his sales efforts to compete directly with the junior user,thus creating the likelihood that the two products will be directly competitive;second,that while there is no present intention to bridge the gap,consumers will assume otherwise and conclude,in this era of corporate diversification,that the parties are related companies.
C)Bridging the gap refers to two distinct possibilities;first,that the senior user presently intends to expand his sales efforts to compete directly with the junior user,thus creating the likelihood that the two products will be directly competitive;second,that while there is no present intention to bridge the gap,consumers will assume otherwise and conclude,in this era of corporate diversification,that the parties are related companies.
D)Bridging the gap refers to two distinct possibilities;first,that the senior user presently intends to expand his sales efforts to compete directly with the junior user,thus creating the likelihood that the two products will be directly competitive;second,that while there is no present intention to bridge the gap,consumers will assume otherwise and conclude,in this era of corporate diversification,that the parties are related companies.
E)Bridging the gap refers to two distinct possibilities;first,that the senior user presently intends to expand his sales efforts to compete directly with the junior user,thus creating the likelihood that the two products will be directly competitive;second,that while there is no present intention to bridge the gap,consumers will assume otherwise and conclude,in this era of corporate diversification,that the parties are related companies.

Question 17

Tomas took a number of wedding photos at Maura's wedding.He was paid as the photographer.On all of the photographs,he appropriately noted in the bottom right-hand corner information showing that he was claiming copyright protection.Maura came to see Tomas three years after the initial photographs were taken and requested that he grant her permission to run off as many copies as she wanted at the local photo shop from the pictures that she initially purchased.The photo shop had refused to reproduce the photographs without his permission.When he refused to give her permission to do so,Maura started a heated argument.She told Tomas that photographs are not entitled to copyright protection.She also told him that even if he was correct that there was some copyright protection,it only lasted for two years and that,in any event,damages for copyright infringement are unavailable.
-Regarding Maura's claim that photographs are not subject to copyright protection,which statement is accurate?

Accepted Answer

A)Photographs may be the subject of copyright protection.It is not always easy,
however,to determine whether a copyright has been infringed,even when two works are similar.For example,in regard to photographs of a famous scene,two people might independently take very similar pictures at completely different times and without even knowing of each other's work.
B)Photographs may be the subject of copyright protection.It is not always easy,however,to determine whether a copyright has been infringed,even when two works are similar.For example,in regard to photographs of a famous scene,two people might independently take very similar pictures at completely different times and without even knowing of each other's work.
C)Photographs may be the subject of copyright protection.It is not always easy,however,to determine whether a copyright has been infringed,even when two works are similar.For example,in regard to photographs of a famous scene,two people might independently take very similar pictures at completely different times and without even knowing of each other's work.
D)Photographs may be the subject of copyright protection.It is not always easy,however,to determine whether a copyright has been infringed,even when two works are similar.For example,in regard to photographs of a famous scene,two people might independently take very similar pictures at completely different times and without even knowing of each other's work.
E)Photographs may be the subject of copyright protection.It is not always easy,however,to determine whether a copyright has been infringed,even when two works are similar.For example,in regard to photographs of a famous scene,two people might independently take very similar pictures at completely different times and without even knowing of each other's work.

Question 18

Regarding trade secret protection,which statement is accurate?

Accepted Answer

A)A trade secret is protected by the common law from unlawful appropriation by
competitors as long as it is kept secret and consists of elements not generally known in the trade.
B)A trade secret is protected by the common law from unlawful appropriation by competitors as long as it is kept secret and consists of elements not generally known in the trade.
C)A trade secret is protected by the common law from unlawful appropriation by competitors as long as it is kept secret and consists of elements not generally known in the trade.
D)A trade secret is protected by the common law from unlawful appropriation by competitors as long as it is kept secret and consists of elements not generally known in the trade.
E)A trade secret is protected by the common law from unlawful appropriation by competitors as long as it is kept secret and consists of elements not generally known in the trade.

Question 19

The address of a network website ends with ________.

Accepted Answer

A)Most web sites have two domains.The first-level domain,the one the address
ends with,generally identifies the type of site.For example,a network site will end in net.
B)Most web sites have two domains.The first-level domain,the one the address ends with,generally identifies the type of site.For example,a network site will end in net.
C)Most web sites have two domains.The first-level domain,the one the address ends with,generally identifies the type of site.For example,a network site will end in net.
D)Most web sites have two domains.The first-level domain,the one the address ends with,generally identifies the type of site.For example,a network site will end in net.
E)Most web sites have two domains.The first-level domain,the one the address ends with,generally identifies the type of site.For example,a network site will end in net.

Question 20

Which of the following is the oldest treaty designed to protect artistic rights?

Accepted Answer

A)As of September 2013,167 states are signatories of the Berne Convention of
1886,the oldest treaty designed to protect artistic rights.
B)As of September 2013,167 states are signatories of the Berne Convention of 1886,the oldest treaty designed to protect artistic rights.
C)As of September 2013,167 states are signatories of the Berne Convention of 1886,the oldest treaty designed to protect artistic rights.
D)As of September 2013,167 states are signatories of the Berne Convention of 1886,the oldest treaty designed to protect artistic rights.
E)As of September 2013,167 states are signatories of the Berne Convention of 1886,the oldest treaty designed to protect artistic rights.

Quiz 12: Intellectual Property