BLAW FINAL STUDY GUIDE TRUE FALSE UPDATED
ACTUAL QUESTIONS AND CORRECT ANSWERS
Question:
1. A trademark is any word name symbol device or
combination of these used to identify a product.
Answer:
T
Question:
2. Trademarks may be used to protect the exclusive right to
identify either products or services.
Answer:
F
Question:
3. Once a mark is registered in accordance with federal law
the holder of the mark has the exclusive right to use the
mark in perpetuity.
Answer:
F
Question:
4. Trademarks and service marks are recorded with the
Register of Copyrights
Answer:
F
Question:
5. Descriptive terms such as locations and colors are never
subject to trademark protections.
Answer:
F
Question:
6. Generic terms that refer to a type or class of goods are
never subject to trademark protection.
Answer:
T
,Question:
7. Trade dress refers to the packaging look and overall
image of a product.
Answer:
T
Question:
8. Protection for trade dress is available under the Lanham
Act
Answer:
T
Question:
9. o prevail in an action for trade dress infringement a
plaintiff must prove that its trade dress is distinctive and
nonfunctional and the defendant's trade dress is
confusingly similar to the plaintiff's.
Answer:
T
Question:
10. Cybersquatters are individuals who register and set up
domain names on the Internet that are identical or
confusingly similar to existing trademarks in the hopes
they can sell the name to the trademark owner.
Answer:
T
Question:
11. A copyright prevents the copying of an idea.
Answer:
F
Question:
12. A copyright is the exclusive right given by federal
statutes to the creator of a literary or an artistic work to
use reproduce and display the work.
Answer:
T
, Question:
13. Under the Berne Convention Implementation Act of 1988
it is no longer mandatory that works published after
March 1 1989 contain a notice of copyright.
Answer:
T
Question:
14. An owner of a copyright may license some of his or her
rights to another in exchange for royalty payments.
Answer:
T
Question:
15. Under the United States Supreme Court's "doctrine of
equivalents" infringers may not avoid liability for patent
infringement by substituting insubstantial differences for
some of the elements of the patented product or
process.
Answer:
T
Question:
16. To be patentable an invention must be new and not
obvious to a person of ordinary knowledge and skill in
the art or technology to which the invention is related.
Answer:
T
Question:
17. The typical U.S. copyright now runs for 28 years with a
right of renewal for an additional 28 years.
Answer:
F
Question:
18. Copyright of a "work made for hire" runs for the life of the
creator of the work plus 50 years.
Answer:
F
ACTUAL QUESTIONS AND CORRECT ANSWERS
Question:
1. A trademark is any word name symbol device or
combination of these used to identify a product.
Answer:
T
Question:
2. Trademarks may be used to protect the exclusive right to
identify either products or services.
Answer:
F
Question:
3. Once a mark is registered in accordance with federal law
the holder of the mark has the exclusive right to use the
mark in perpetuity.
Answer:
F
Question:
4. Trademarks and service marks are recorded with the
Register of Copyrights
Answer:
F
Question:
5. Descriptive terms such as locations and colors are never
subject to trademark protections.
Answer:
F
Question:
6. Generic terms that refer to a type or class of goods are
never subject to trademark protection.
Answer:
T
,Question:
7. Trade dress refers to the packaging look and overall
image of a product.
Answer:
T
Question:
8. Protection for trade dress is available under the Lanham
Act
Answer:
T
Question:
9. o prevail in an action for trade dress infringement a
plaintiff must prove that its trade dress is distinctive and
nonfunctional and the defendant's trade dress is
confusingly similar to the plaintiff's.
Answer:
T
Question:
10. Cybersquatters are individuals who register and set up
domain names on the Internet that are identical or
confusingly similar to existing trademarks in the hopes
they can sell the name to the trademark owner.
Answer:
T
Question:
11. A copyright prevents the copying of an idea.
Answer:
F
Question:
12. A copyright is the exclusive right given by federal
statutes to the creator of a literary or an artistic work to
use reproduce and display the work.
Answer:
T
, Question:
13. Under the Berne Convention Implementation Act of 1988
it is no longer mandatory that works published after
March 1 1989 contain a notice of copyright.
Answer:
T
Question:
14. An owner of a copyright may license some of his or her
rights to another in exchange for royalty payments.
Answer:
T
Question:
15. Under the United States Supreme Court's "doctrine of
equivalents" infringers may not avoid liability for patent
infringement by substituting insubstantial differences for
some of the elements of the patented product or
process.
Answer:
T
Question:
16. To be patentable an invention must be new and not
obvious to a person of ordinary knowledge and skill in
the art or technology to which the invention is related.
Answer:
T
Question:
17. The typical U.S. copyright now runs for 28 years with a
right of renewal for an additional 28 years.
Answer:
F
Question:
18. Copyright of a "work made for hire" runs for the life of the
creator of the work plus 50 years.
Answer:
F