Question 1

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

Accepted Answer

A)  Evidence of actual confusion is not a prerequisite for the plaintiff to recover.
B)  Evidence of actual confusion among consumers is a necessary predicate to recovery only if secondary meaning cannot be established.
C)  Evidence of actual confusion is unnecessary if the plaintiff's sales have decreased at least 10% since the use of the alleged offending product began.
D)  Evidence of actual confusion is necessary to recover only if secondary meaning is relied upon as a theory of recovery.
E)  Evidence of actual confusion among consumers is a necessary predicate to recovery.F) None of the above
G) B) and E)

Question 2

In which district courts do patent owners tend to file a patent infringement case?

Accepted Answer

A)  There are no particular courts that patent owners tend to prefer.
B)  Northern District of California,the District of Delaware,and the Eastern District of Texas
C)  The District of Delaware
D)  The Southern District of New York
E)  The District of ColumbiaF) B) and D)
G) C) and D)

Question 3

Which of the following is true about software piracy in China?

Accepted Answer

A)  Although China has imposed fines for piracy,no one has been imprisoned for such an offense.
B)  Since 1999,progress on software piracy in China has not been made.
C)  Since 1999,progress on software piracy in China has been made,though slowly.
D)  China has strict intellectual property laws.
E)  The Universal Copyright Convention of 1952,as revised in 1971F) B) and D)
G) All of the above

Question 4

When must a trademark be renewed for the first time once a trademark is registered?

Accepted Answer

A)  Between the fourth and fifth year.
B)  Between the second and third year.
C)  Between the fifth and sixth year.
D)  Between the third and fourth year.
E)  Between the first and second year.F) A) and B)
G) C) and D)

Question 5

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 Signatory Agreement
B)  The US-Soviet Agreement
C)  The Universal Copyright Convention
D)  The Paris Convention
E)  The Agreement on Trade-Related Aspects of Intellectual Property RightsF) B) and D)
G) None of the above

Question 6

Natalia owns Balloon Heaven,a popular restaurant in which patrons sit in faux hot air balloons and the walls and ceiling are painted like the sky.Natalia registered her mark,which consists of the restaurant name in the basket of a rainbow-colored hot air balloon.After Natalia's success,Benji opened a restaurant called Heavenly Balloons on the other side of town.The décor of Heavenly Balloons is similarly crafted to give the patron the impression of eating in the basket of a hot air balloon,with similar tables and paintings.Benji's logo,which appeared on billboards and local advertisements,depicts a rainbow-colored hot air balloon with the restaurant's name in the balloon.Several customers have congratulated Natalia on opening a second restaurant and on the billboards appearing around town.
-To succeed on a claim of trade-dress infringement,what must Natalia prove?

Accepted Answer

A)  Likelihood of confusion.
B)  The trade dress is primarily nonfunctional,inherently distinctive or has secondary meaning,and the alleged infringement creates a likelihood of confusion.
C)  The trade dress is primarily nonfunctional,has secondary meaning,and the alleged infringement creates a likelihood of confusion.
D)  The trade dress is inherently distinctive,has secondary meaning,and the alleged infringement creates a likelihood of confusion.
E)  The trade dress is inherently distinctive or has secondary meaning,and the alleged infringement creates a likelihood of confusion.F) A) and E)
G) C) and D)

Question 7

Payments that Felicia would receive from Mei for the sale of the mask are referred to as which of the following?

Accepted Answer

A)  Receipts
B)  Profits
C)  Royalties
D)  Illegal
E)  PayoffsF) A) and E)
G) B) and D)

Question 8

Paige is unhappy because a play she wrote and has a copyright on has been placed on the Internet.She hears that you are taking business law and asks what she can do in remedying the situation and suing Internet service providers.What would you tell her? Reference the federal law involved and its pertinent provisions.

Accepted Answer

The Digital Millennium Copyright Act lim...

Question 9

What was the finding of the jury at the trial court level in the Case Opener involving Apple's claim that Samsung copied Apple's design of the iPhone and iPad and Samsung's claim that Apple infringed Samsung's patents?

Accepted Answer

A)  That Apple infringed Samsung's patents but that Samsung did not infringe Apple's patents.
B)  That Samsung infringed Apple's patents but that Apple did not infringe Samsung's patents.
C)  That Apple infringed Samsung's patents,that Samsung infringed Apple's patents,and that damages would be awarded to both parties.
D)  That Samsung did not infringe Apple's patents and that Apple did not infringe Samsung's patents.
E)  That Samsung infringed Apple's patents,that Apple infringed Samsung's patents,but that no damages would be awarded to either party because they were both guilty of misconduct.F) A) and B)
G) D) and E)

Question 10

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

Accepted Answer

A)  The United Nations Intellectual Property Association
B)  The National and World Intellectual Protection Agency
C)  The World Intellectual Property Organization
D)  The Federal Intellectual Property Organization
E)  There is no organization or agency with that responsibilityF) All of the above
G) A) and B)

Exam 12: Intellectual Property

Which of the following is true about software piracy in China?

Correct Answer
verified

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

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

Correct Answer
verified

Correct Answer
verified
The Digital Millennium Copyright Act lim...
View Answer

Payments that Felicia would receive from Mei for the sale of the mask are referred to as which of the following?

Correct Answer
verified

When must a trademark be renewed for the first time once a trademark is registered?

Correct Answer
verified

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?

Correct Answer
verified

In which district courts do patent owners tend to file a patent infringement case?

Correct Answer
verified

What was the finding of the jury at the trial court level in the Case Opener involving Apple's claim that Samsung copied Apple's design of the iPhone and iPad and Samsung's claim that Apple infringed Samsung's patents?

Correct Answer
verified

Exam 12: Intellectual Property

Which of the following is true about software piracy in China?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Correct AnswerverifiedThe Digital Millennium Copyright Act lim...View AnswerShow Answer

Payments that Felicia would receive from Mei for the sale of the mask are referred to as which of the following?

Correct AnswerverifiedShow Answer

When must a trademark be renewed for the first time once a trademark is registered?

Correct AnswerverifiedShow Answer

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?

Correct AnswerverifiedShow Answer

In which district courts do patent owners tend to file a patent infringement case?

Correct AnswerverifiedShow Answer

What was the finding of the jury at the trial court level in the Case Opener involving Apple's claim that Samsung copied Apple's design of the iPhone and iPad and Samsung's claim that Apple infringed Samsung's patents?

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
The Digital Millennium Copyright Act lim...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
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