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61. Arbitrary and fanciful, suggestive, descriptive, and generic are classifications of:
a. patents
b. torts
c. trademarks
d. copyrights
e. none of the other choices are correct
62. Arbitrary and fanciful, suggestive, descriptive, and generic are classifications of:
a. patents
b. torts
c. real property law
d. easements
e. none of the other choices are correct
63. Trademarks classified as are most favored because they are inherently distinctive:
a. descriptive
b. arbitrary and fanciful
c. suggestive
d. generic
e. none of the other choices
64. Trademarks that are inherently distinctive are classified as:
a. descriptive
b. arbitrary and fanciful
c. suggestive
d. generic
e. none of the other choices
65. Trademarks that are inherently distinctive are classified as:
a. descriptive
b. aberrant and fanciful
c. suggestive
d. generic
e. none of the other choices
66. "Apple" (computers) and "Exxon" (gasoline) are examples of what kind of trademark?
a. suggestive
b. arbitrary and fanciful
c. generic
d. descriptive
e. all of the other choices
67. "Apple" (computers) is a real word applied to a non-related product. It is what kind of mark?
a. suggestive
b. arbitrary and fanciful
c. generic
d. descriptive
e. none of the other choices
68. trademarks hint at the product.
a. suggestive
b. arbitrary and fanciful
c. generic
d. copyrighted
e. none of the other choices
69. trademarks are not favored by the law and must be shown to have acquired customer recognition to be given
legal protection.
a. suggestive
b. arbitrary and fanciful
c. generic
d. descriptive
e. none of the other choices
70. Which of the following is an example of a suggestive trademark?
a. Nike
b. Coca-Cola
c. Exxon
d. Chicken of the Sea
e. Lysol
71. Which of the following is an example of a suggestive trademark?
a. Nike
b. Coca-Cola
c. Bufferin
d. Dairy Queen
e. Lysol
72. Which of the following is an example of a successful descriptive trademark?
a. Nike
b. Coca-Cola
c. Holiday Inn
d. Chicken of the Sea
e. Lysol
e. none of the other choices
73. Which of the following is an example of a successful descriptive trademark?
a. Nike
b. Coca-Cola
c. Bufferin
d. Chicken of the Sea
e. Lysol
74. An example of a generic trademark is:
a. Clorox
b. Dairy Queen
c. Bufferin
d. Thermos
e. none of the other choices
75. An example of a generic trademark is:
a. Clorox
b. Dairy Queen
c. Bufferin
d. Zipper
e. none of the other choices
76. An example of a generic trademark is:
a. Clorox
b. Dairy Queen
c. Bufferin
d. Raisin Bran
e. none of the other choices
77. Marks become generic when:
a. the holders of marks give up protecting them
b. the Supreme Court issue an order
c. 5 years have passed since the mark was registered
d. the holders of the mark make over $1 million in profit
e. none of the other choices are correct
78. The World Customs Organization estimates that counterfeit goods account for how much in sales per year globally:
a. $6 billion b.
$50 billion c.
$100 billion d.
$500 billion
79. Counterfeit or fake goods do not create which of the following problems:
a. lost revenue to owner of genuine goods
b. lost jobs in the U.S.
c. death and injury to unsuspecting consumers
d. costly legal processes
e. all of the other choices are part of the problem
80. If a company attempts to steal the good name of another by using a well-respected name to sell their product they
could be sued for:
a. infringement
b. battery
c. assault
d. easement violation
e. patent violation
81. If a company attempts to steal the good name of another by using a well-respected name to sell their product they
could be sued for:
a. patent violation
b. battery
c. assault
d. easement violation
e. none of the other choices are correct
82. occurs when another person who, at any time after the owner's mark has become famous, commences use
of a mark or trade name in commerce that is likely to cause dilution by blurring or dilution by tarnishment of the
famous mark, regardless of the presence or absence of actual or likely confusion, of competition, or of actual
economic injury.
a. infringement
b. dilution
c. battery
d. counterfeiting
e. patent violation
83. occurs when another person who, at any time after the owner's mark has become famous, commences use
of a mark or trade name in commerce that is likely to cause dilution by blurring or dilution by tarnishment of the
famous mark, regardless of the presence or absence of actual or likely confusion, of competition, or of actual
economic injury.
a. infringement
b. patent violation
c. battery
d. counterfeiting
e. none of the other choices are correct
84. occurs when a trademark is used improperly in a domain name.
a. cyberinfringement
b. websquatting c.
cybersquatting d.
patent-squatting
e. none of the other choices are correct
85. occurs when a trademark is used improperly in a domain name.
a. cyberinfringement
b. websquatting
c. internet-squatting
d. patent-squatting
e. none of the other choices are correct
86. Cybersquatting is restricted by:
a. the Anticybersquatting Consumer Protection Act
b. the Antiwebsquatting Consumer Protection Act
c. the Sherman Act
d. the National Cybersquatting Act
e. the Bill of Rights
87. Cybersquatting is restricted by:
a. the Bill of Rights
b. the Antiwebsquatting Consumer Protection Act
c. the Sherman Act
d. the Lanham Act
e. none of the other choices are correct
88. Cybersquatters who claim domain names that include trademarks that belong to others:
a. may not register the domain name
b. may be able to sell the domain name
c. are the legitimate owners since domain names and trademarks are not related
d. must receive permission from the Trademark Office to do so
e. none of the other choices
89. Adidas is a famous trademark. If another company sold shoes called addidas that would be:
a. cybersquatting
b. infringement
c. conversion
d. defamation
e. none of the other choices; there is no legal problem
90. Adidas is a famous trademark. If another company sold shoes called addidas that would be a violation of the
Lanham Act for:
a. cybersquatting
b. trespass
c. conversion
d. defamation
e. none of the other choices
91. Nike does not sell televisions, but suppose some company began to market televisions called Nike. That would be:
a. cybersquatting
b. slander of title
c. dilution
d. trespass
e. none of the other choices; there is no legal problem
92. Nike does not sell televisions, but suppose some company began to market televisions called Nike. That would be a
violation of federal law concerning:
a. cybersquatting
b. slander of title
c. conversion
d. trespass
e. none of the other choices
93. Which of the following is a defense in a suit involving violation of a trademark:
a. fair use, such as to mention a mark in comparative advertising
b. noncommercial uses, such as parody or editorial commentary
c. news reporting or educational use
d. all of the other specific choices are correct
e. none of the other specific choices are correct
94. In Audi AG v. D'Amato, where Audi sued D'Amato for trademark violations for selling Audi logo goods on his
website audisport.com, the appeals court held that D'Amato:
a. engaged in cybersquatting
b. diluted the value of Audi's trademark
c. infringed on Audi's trademark
d. had a domain name in bad faith
e. all of the other choices
95. In Audi AG v. D'Amato, where Audi sued D'Amato for trademark violations for selling Audi logo goods on his
website audisport.com, the appeals court held that D'Amato:
a. did not engaged in cybersquatting due to active use of the name
b. sold stolen Audi goods
c. infringed on Audi's trademark
d. had a right to the domain name
e. all of the other choices
96. In Audi AG v. D'Amato, where Audi sued D'Amato for trademark violations for selling Audi logo goods on his
website audisport.com, the appeals court held that it would consider certain factors about possible infringement; the
factors do not include:
a. revenue captured by defendant
b. similarity of the marks
c. strength of plaintiff's mark
d. evidence of actual confusion by consumers
e. all of these are factors considered by the court
97. In Audi AG v. D'Amato, where Audi sued D'Amato for trademark violations for selling Audi logo goods on his
website audisport.com, the appeals court held that it would consider certain factors about possible infringement; the
factors do not include:
a. defendant's intent in selecting the mark
b. similarity of the marks
c. strength of plaintiff's mark
d. evidence of actual confusion by consumers
e. all of these are factors considered by the court
98. In Audi AG v. D'Amato, where Audi sued D'Amato for trademark violations for selling Audi logo goods on his
website audisport.com, the appeals court held that it would consider certain factors about possible infringement.
Which of the following is a factor considered when determining whether there is a "likelihood of confusion":
a. strength of plaintiff's mark
b. relatedness of the goods
c. similarity of the marks
d. evidence of actual confusion
e. all of the other specific choices are correct
99. In Audi AG v. D'Amato, where Audi sued D'Amato for trademark violations for selling Audi logo goods on his
website audisport.com, the appeals court held that it would consider certain factors about possible infringement.
Which of the following is a factor considered when determining whether there is a "likelihood of confusion":
a. marketing of channels used
b. degree of purchaser care
c. defendant's intent in selecting the mark
d. likelihood of expansion in selecting the mark
e. all of the other specific choices are correct
100. In Audi AG v. D'Amato, where Audi sued D'Amato for trademark violations for selling Audi logo goods on his
website audisport.com, D'Amato claimed that there could not be any consumer confusion because he had a
disclaimer on his website. The appeals court held that:
a. a disclaimer does not absolve D'Amato of liability for his unlawful use of marks identical to Audi's
trademarks
b. a disclaimer absolves D'Amato of liability for his unlawful use of marks identical to Audi's trademarks
c. the disclaimer would have absolved D'Amato of liability if it had been in more languages
d. the disclaimer would have absolved D'Amato of liability if it had been longer
e. the disclaimer was not legitimate because it was written by D'Amato and not by an attorney
101. In Audi AG v. D'Amato, where Audi sued D'Amato for trademark violations for selling Audi logo goods on his
website audisport.com, D'Amato claimed that there could not be any consumer confusion because he had a
disclaimer on his website. The appeals court held that:
a. the disclaimer was not legitimate because it was written by D'Amato and not by an attorney
b. a disclaimer absolves D'Amato of liability for his unlawful use of marks identical to Audi's trademarks
c. the disclaimer would have absolved D'Amato of liability if it had been in more languages
d. the disclaimer would have absolved D'Amato of liability if it had been longer
e. none of the other choices are correct
102. Which of the following statements is not true about counterfeiting of trademarks:
a. it costs major companies substantial lost profits
b. many counterfeited goods are low quality
c. if the buyer of the counterfeit goods know they are counterfeit, there is no law violation
d. counterfeiting can hurt the reputation of the trademark owner
e. all of the other choices are true
103. If people are told that counterfeit goods are counterfeit then:
a. the counterfeit goods are legal
b. the counterfeit goods may be sold as long as they are sold for less than the real thing
c. the counterfeit goods are still a violation of the law
d. the counterfeit goods may be sold in other countries
e. none of the other choices are correct
104. If people are told that counterfeit goods are counterfeit then:
a. the counterfeit goods are legal
b. the counterfeit goods may be sold as long as they are sold for less than the real thing
c. the counterfeit goods may be sold in local markets, but not national markets
d. the counterfeit goods may be sold in other countries
e. none of the other choices are correct
105. Counterfeit goods:
a. may be seized and destroyed
b. may be sold so long as identified as "not original"
c. may be sold so long as identified as "not approved"
d. may be sold so long as identified as "not genuine"
e. none of the other choices
106. Counterfeit goods:
a. may be sold with Trademark Office permission
b. may be sold so long as identified as "not original"
c. may be sold so long as identified as "not approved"
d. may be sold so long as identified as "not genuine"
e. none of the other choices
107. The owners of trademarks often know there are counterfeit goods being sold with real-looking trademarks. To
obtain relief the mark owners often:
a. get permission from the Trademark Office to seize the counterfeits
b. convince the Trademark Office to send its agents to seize the goods
c. sue in federal court for damages and an injunction; the sales may not be stopped before the court considers
the issue at trial
d. get a warrant to seize the goods, which may be done by a private investigator with police help
e. none of the other choices
108. Private parties can obtain search-and-seizure orders to grab counterfeit goods under the:
a. Sherman Act
b. Counterfeit Goods Act
c. Lanham Act
d. Copyright Infringement Act
e. Fifth Amendment
109. Private parties can obtain search-and-seizure orders to grab counterfeit goods under the:
a. Sherman Act
b. Counterfeit Goods Act
c. Fifth Amendment
d. Copyright Infringement Act
e. none of the other choices are correct
110. A commercial symbol that concerns the "look and feel" of a product is known as:
a. trademark
b. trade name
c. service mark
d. trade dress
e. appearance mark
111. A commercial symbol that concerns the "look and feel" of a product is known as:
a. trademark
b. trade name
c. service mark
d. appearance mark
e. none of the other choices
112. Trade dress refers to:
a. a commercial symbol that concerns the "look and feel" of a product
b. a commercial symbol that concerns the production of a product
c. a private symbol that concerns the heritage of a family
d. a private symbol that concerns the "look and feel" of a company's reputation
e. a company's dress code
113. Trade dress refers to:
a. a company's dress code
b. a commercial symbol that concerns the production of a product
c. a private symbol that concerns the heritage of a family
d. a private symbol that concerns the "look and feel" of a company's reputation
e. none of the other choices are correct
114. In Two Pesos, Inc. v. Taco Cabana, Inc. the Supreme Court held that a Mexican-style restaurant could not copy
the decor of a competitor because of the law protecting:
a. copyrights
b. patents
c. trade dress
d. trade names
e. trade secrets
115. In Two Pesos, Inc. v. Taco Cabana, Inc. the Supreme Court held that a Mexican-style restaurant could not copy
the decor of a competitor because of the law protecting:
a. copyrights
b. patents
c. trade names
d. trade secrets
e. none of the other choices
116. "Inherently distinctive" trade dress is protected under the:
a. Property Act
b. Lanham Act
c. Shelton Act
d. Copyright Act
e. Trade Dress Act
