A) The court found the disparagement requirement to be constitutional under the First Amendment,but because the mark was derogatory,affirmed the government's denial of the "Slants" mark.
B) The court found the disparagement requirement to be unconstitutional under the First Amendment,but affirmed the government's denial of the "Slants" mark.
C) The court found the disparagement requirement did not violate the First Amendment,but refused to comment on whether or not the "Slants" mark was disparaging.
D) The court found the disparagement requirement to be unconstitutional under the First Amendment,thus the denial of the "Slants" mark was vacated.
E) The court found the disparagement requirement to be constitutional under the First Amendment,thus the denial of the "Slants" mark was affirmed.
G) All of the above
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A) Bridging the gap
B) Trademark dilution
C) Trademark theft
D) Impermissible use
E) Unfair use
G) C) and D)
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A) It provides that it is illegal for a person to reproduce,even for no financial gain,the copyrighted work of another;but there are only civil damages available,no criminal penalties.
B) It provides that it is illegal for a person to reproduce,even for no financial gain,the copyrighted work of another;and criminal penalties in the form of fines,but not imprisonment,may be imposed.
C) It provides that it is legal for a person to infringe a copyright so long as financial gain is not involved.
D) It provides that it is illegal for a person to reproduce,even for no financial gain,the copyrighted work of another;but the only remedy available would be an injunction requiring that the offender cease the infringement.
E) It provides that it is illegal for a person to reproduce,even for no financial gain,the copyrighted work of another;and criminal penalties including imprisonment for up to five years may be imposed.
G) B) and E)
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A) .net
B) .gov
C) .com
D) .edu
E) .org
G) D) and E)
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B) False
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A party must prove the following three e...View Answer
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B) False
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A) Under the America Invents Act,Erin will control rights to the patent because she was the first to invent.
B) Aleem will win and possess all rights to the patent under common law because he was the first to file for a patent.
C) Under common law,Erin and Aleem will share rights to the patent on a 50-50 basis.
D) Erin will win and possess all rights to the patent under common law because she first invented the machine.
E) Under the America Invents Act,Aleem will control rights to the patent because he was the first to file.
G) All of the above
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B) False
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A) Common
B) Arbitrary or fanciful
C) Suggestive
D) Generic
E) Descriptive
G) C) and D)
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A) Yes,because Ramona must receive the patent before offering the product for sale.
B) Yes,because Ramona must file the patent application within six months of offering the product for sale.
C) No,because Ramona had two years to file the patent application after offering the product for sale.
D) No,because Ramona filed the patent application within a year after offering the product for sale.
E) Yes,because Ramona must file the patent application before offering the product for sale.
G) B) and D)
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A) Damages only.
B) Damages,an injunction prohibiting the infringer from using the mark,and additional damages based on a multiplier of 5 times the original damages.
C) Damages and an injunction prohibiting the infringer from using the mark.
D) An injunction prohibiting the infringer from using the mark only.
E) An additional amount of damages computed as a multiplier of 5 times the original damages but nothing else.
G) B) and C)
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B) False
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A) Both require the mark be famous and a showing of consumer confusion.
B) Only infringement requires the mark be famous;only dilution requires a showing of consumer confusion
C) Only dilution requires the mark be famous;only infringement requires a showing of consumer confusion.
D) Both require the mark be famous.
E) Both require a showing of consumer confusion.
G) A) and C)
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A) That the defendant was entitled to a judgment in its favor because the defendant's product was not identical to the plaintiff's product.
B) That the trial court correctly found that proof of actual access to the infringed product was required,that actual access was established,and that the defendant's product was an exact copy of the plaintiff's product,thereby entitling the plaintiff to a judgment in its favor.
C) That the facts established a reasonable possibility that the manufacturer had access to the plaintiff's work and that considering the similarities between the works,the plaintiff was entitled to prevail.
D) That the trial court erred in refusing to require proof that the defendant had actual access to the trophy design at issue.
E) That the trial court correctly found that the defendant had access to the product but that copying was allowed because the plaintiff had not properly protected its work.
G) All of the above
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A) The 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights
B) The Geneva Convention of 1860
C) The Paris Convention of 1883
D) The Berne Convention of 1886
E) The Universal Copyright Convention of 1952,as revised in 1971
G) C) and D)
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A) Color can be a trademark regardless of whether it identifies goods with their source.
B) Color can be a consideration in a trademark infringement case only if a primary additional infringement has been established and secondary meaning has been established in regards to the color.
C) Color may be a trademark if it identifies goods with their source.
D) Color may not be a trademark.
E) Color can be considered in a trademark infringement case only if another primary trademark infringement has been established.
G) C) and D)
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A) Certification mark
B) Collective mark
C) Physical activity mark
D) Product trademark
E) Service mark
G) B) and E)
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A) There was no evidence that the defendants profited from the site allowing file sharing and,therefore,the district court properly dismissed the lawsuit.
B) The district court improperly dismissed the suit because a distributor who promotes infringement and takes steps to foster infringement is liable for infringement by third parties.
C) The defendants had no responsibility to develop filtering tools or other mechanisms to diminish infringing activity and the district court properly dismissed the lawsuit.
D) The defendants' peer-to-peer file sharing service was struck down by the Supreme Court.
E) The district court properly dismissed the suit because the system at issue had both legal and illegal uses.
G) All of the above
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B) False
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