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Exam 12: Intellectual Property

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Question 1

Multiple Choice

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

A) National treatment
B) Nonconditional protection
C) Complex treatment
D) Enforcement priority
E) Treaty affirmation

F) None of the above
G) C) and D)

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Question 2

Multiple Choice

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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?

A) The Universal Copyright Convention
B) The Agreement on Trade-Related Aspects of Intellectual Property Rights
C) The Paris Convention
D) The Signatory Agreement
E) The US-Soviet Agreement

F) B) and E)
G) A) and D)

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Question 3

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In the case of, Toys "R" Us Inc., v. Canarsie Kiddie Shop Inc., evidence of actual confusion is a prerequisite for the plaintiff to recover in a trademark infringement action.

In which of the following orders of ascending strength may marks fall?

A person who applies for a domain name on the Internet must state in the application that the name will not infringe on anyone else's intellectual property rights.

Network Solutions Inc., is funded by the National Science Foundation and is responsible for registering domain names on the Internet.

The laws of intellectual property protect property that is primarily the result of mental creativity rather than physical effort.

Trade dress is entitled to the same protection as a trademark.

With which of the following does a network website address end?

"Wedding photos." Bobby took a number of wedding photos at Jill'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. Jill came to see Bobby 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, Jill started a heated argument. She told Bobby 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. -Which of the following is correct regarding Jill's claim that photographs are not subject to copyright protection?

Which of the following is true regarding whether the shape of a product or package may be a trademark?

If a trademark is unregistered, which of the following may the holder recover when an infringer uses the mark to pass off goods as being those of the mark owner?

"Wedding photos." Bobby took a number of wedding photos at Jill'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. Jill came to see Bobby 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, Jill started a heated argument. She told Bobby 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. -If Bobby decides to register the photographs for copyright protection, how would he go about doing so?

With which of the following does a business website address end?

After the initial renewal, assuming a trademark was initially registered after 1990, how often must the trademark be renewed?

As referenced in the case in the text, Toys "R" Us Inc., v. Canarsie Kiddie Shop Inc., which of the following is true regarding generic terms?

"Wedding photos." Bobby took a number of wedding photos at Jill'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. Jill came to see Bobby 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, Jill started a heated argument. She told Bobby 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. -Which of the following is correct regarding Jill's statement pertaining to damages?

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

Copyrights protect the expression of creative ideas.

A[n] ____________ mark is one that requires imagination, thought, and perception to reach a conclusion as to the nature of the goods.