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Exam 12: Intellectual Property

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Question 31

True/False

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Copyrights protect the expression of creative ideas.

A) True
B) False

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Question 32

Multiple Choice

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If a trademark is registered, what may the owner obtain in the event of infringement from a person who used the trademark to pass off goods as being those of the mark owner?

A) Damages only.
B) An injunction prohibiting the infringer from using the mark only.
C) An additional amount of damages computed as a multiplier of 5 times the original damages but nothing else.
D) Damages, an injunction prohibiting the infringer from using the mark, and additional damages based on a multiplier of 5 times the original damages.
E) Damages and an injunction prohibiting the infringer from using the mark.

F) D) and E)
G) C) and D)

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Question 33

Multiple Choice

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Which of the following is a mark identifying the producers as belonging to a larger group, such as a trade union?

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 copyright protection on a photograph only extends for a maximum of two years, which statement is accurate?

Which of the following was the result at the U.S. Supreme Court level in Metro-Goldwyn-Mayer Studios v. Grokster, Ltd, the case in the text in which the Court addressed the legality of the defendants allowing digital music files to be shared directly between users without going through a centralized server?

Ramona has an idea for an electric animal brush that vacuums the animal hair and transforms it into usable sewing thread. Ramona calls her device the Hair-2-Thread and begins selling the device in January. Later that year, she decides the device would sell better if she had a patent, and she files the patent application in December. After finally receiving the patent the following year, Ramona discovers a similar device, the HairSew, is being sold by Saya and files a patent infringement lawsuit. -If Ramona is successful in her patent infringement action, what type of result could she be entitled to receive?

What is the effect of actual confusion when trademark infringement is alleged?

[Scuba Diving] Felicia invented a new type of mask that was not subject to fogging for scuba divers and obtained a patent on it. She agrees to allow Mei to manufacture and sell the mask. She receives a sum of money for every mask that Mei sells. Felicia also entered into an agreement with Evan to allow him to sell the masks, but only if he also purchased non-patented diving suits from Felicia. All parties proceeded to do very well with their sales. -In determining whether a mark infringes on a registered trademark, which of the following factors would the court be least likely to consider:

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?

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

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

Lillian made a new song and shared it with her thousands of viewers on her public Facebook page. She was so excited that everyone liked it, until Barbeen used the song in a new commercial. Can she sue for copyright infringement?

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. -Guriny decides to use a trademark of a famous shoe company on his mountain bike head gear without the company's permission. He has most likely committed ________.

A mark that requires imagination, thought, and perception to reach a conclusion as to the nature of the goods is known as which kind of mark?

Konua is a teacher and therefore cannot be held liable for copyright infringement under the Fair Use Doctrine for the copies he makes for use in his science class.

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?

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

How are people and businesses located on the web?

In order to be patentable, an invention must not be one that a person of ordinary skill in the trade could have easily discovered.

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. -Do both state and federal law protect against trademark dilution?