A) In order to constitute trademark violation, Sandy's store would need to have been called the exact same thing as Joshua's store without the "II."
B) A key inquiry is whether a similarity exists which is likely to cause confusion applied from the perspective of the defendant.
C) The key inquiry is whether a similarity exists which is likely to cause confusion from the perspective of the plaintiff meaning that the plaintiff has acted willfully.
D) The key inquiry is whether a similarity exists which is likely to cause confusion applied from the perspective of prospective purchasers.
E) A key inquiry is whether the defendant sold goods or services to customers that likely would have been customers of the plaintiff were the defendant not in business.
G) B) and D)
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A) Every nine years.
B) Every ten years.
C) Every eleven years.
D) Every twelve years.
E) Every thirteen years.
G) B) and D)
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B
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A) Suggestive
B) Arbitrary or fanciful
C) Generic
D) Descriptive
E) Common
G) C) and D)
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A) A license
B) A patent agreement
C) A trade agreement
D) An illegal agreement
E) A franchise agreement
G) C) and D)
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A) Generic
B) Descriptive
C) Suggestive
D) Conclusory
E) Artful
G) A) and E)
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A) .gov
B) .edu
C) .net
D) .org
E) .com
G) D) and E)
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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 erred in refusing to require proof that the defendant had actual access to the trophy design at issue.
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 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.
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 Limited Use Doctrine
B) The Copyright Use Doctrine
C) The Fair Use Doctrine
D) The Trade Use Doctrine
E) The Approved Use Doctrine
G) A) and E)
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A) It is a legal tying arrangement.
B) It is a legal cross-licensing agreement.
C) It is an illegal tying arrangement.
D) It is an illegal cross-licensing agreement.
E) A legal contractual agreement.
G) C) and D)
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A) Generic terms are not eligible for protection as trademarks.
B) The rule that generic terms are ineligible for protection as trademarks does not apply to words that designate an entire species of products.
C) The rule that generic terms are ineligible for protection as trademarks does not apply to sub-classifications or varieties of goods.
D) Generic terms are eligible for protection as trademarks only if they have been used for at least ten years.
E) Generic terms are eligible for protection as trademarks only if they have been used for at least seven years.
G) C) and D)
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A
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A) Ten
B) Twenty
C) Thirty
D) Forty
E) Fifty
G) A) and C)
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B
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A) That the defendants had no responsibility to develop filtering tools or other mechanisms to diminish infringing activity and that the district court properly dismissed the lawsuit.
B) That there was no evidence that the defendants acted to promote infringement and that, therefore, the district court properly dismissed the lawsuit.
C) That there was no evidence that the defendants profited from the site allowing file sharing and that, therefore, the district court properly dismissed the lawsuit.
D) That the district court properly dismissed the suit because the system at issue had both legal and illegal uses.
E) That 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.
G) A) and B)
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B) False
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A) 30
B) 60
C) 90
D) 120
E) 180
G) All of the above
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B) False
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A) .gov
B) .edu
C) .net
D) .org
E) .com
G) A) and B)
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A) Theoretical property
B) Cognitive property
C) Intellectual property
D) Protected property
E) Tradable property
G) C) and D)
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A) Only damages.
B) Only an injunction prohibiting the infringer from using the mark.
C) An additional amount of damages computed as a multiplier of 5 times the original damages.
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.
G) A) and B)
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B) False
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The Digital Millennium Copyright Act lim...View Answer
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