Cyber Law Text & Cases Week 3 Quiz

1.

Question :

Network Solutions, Inc. is the registry for domain names.

2.

Question :

In the Web address , the word amazon is an example of a second-level domain name.

3.

Question :

Which of the following types of marks cannot be protected under the Lanham Act? generic marks

4.

Question :

Acme Waterproofing Company adopts the Web address . The word watershield can best be described as a suggestive mark.

5.

Question :

A colored design or shape associated with a product is best described as a tradedress.

6.

Question :

Under the Lanham Act, a descriptive mark will receive protection under either a or b.

7.

Question :

To qualify for trademark protection from the USPTO, a companys mark must not already be in use by someone else.

8.

Question :

If a mark is not inherently distinctive and has not obtained a secondary meaning, the best way to proceed for a company that is seeking to have the mark protected is to place the mark on USPTOs Supplemental Register for 5 years.

9.

Question :

The likelihood of consumer confusion is a necessary element in which of the following type(s) of cases? trademark infringement

10.

Question :

That a trademark be famous is a necessary element in which of the following type(s) of cases? both a and b

11.

Question :

Assume that the Union of Public Speakers, founded in 1990, established a Web site with the address . Which of the following

Cyber Law Text & Cases Week 3 Quiz

actions would the United Parcel Service (UPS), founded very many years ago, be entitled to bring against the Union of Public Speakers? trademark dilution by blurring and trademark infringement 12. Question : Assume that Hyundi established a new line of automobiles that it advertised as the Best Motorized Wheels in the Universe. Assume also that in order to market these vehicles it established a separate Web site with the address . Which of the following actions would the auto maker BMW be entitled to bring against Hyundi? trademark dilution by tarnishment and trademark infringement 13. Question : Internet technology that allows a Web user to view the content of a second Web site while still viewing the home page of the first Web site is called

framing.

14.

Question :

Internet technology that allows a Web user at one site to bypass the home page of a second site and connect directly with other pages within the second site is called

deeplinking. 15. Question : An unethical company could use which of the following technologies invisibly to attract potential on-line customers away from a competitor

a metatag. 16. Question : In Julia Roberts v. Russell Boyd, the arbitrator ruled that federal trademark registration of Julia Roberts name is not required because it has acquired common law trademark rights. 17. Question : A trademark infringement occurs when a party uses a trademark that

causes a likelihood of confusion between goods or the relationship between the parties that make the goods. 18. Question : Factors from the Lapp case include all of the above

Cyber Law Text & Cases Week 3 Quiz

19.

Question :

In the Checkpoint Systems case, the District Court found that the parties marketed their products to different users.

20.

Question :

The Federal Trademark Dilution Act of 1996 amended the Lanham Act to protect companies against dilution of famous and distinctive marks.

21.

Question :

A trademark dilution occurs when a trademark is used to cause its identity to diminish over time.

22.

Question :

Defendants defenses in a trademark dilution case include both a and b

23.

Question :

Guidelines to determine if a trademark is famous include degree of recognition of the mark in the trade. duration and extent of advertising and publicity of the mark. geographical extent of the trading area where the mark is used. all of the above

24. 25.

Question : Question :

In Toys R Us v. Richard Feinberg, the court held that the use of the Dilution by blurring occurs when when a trademarks value will be diminished by its use on dissimilar products.

26.

Question :

The Anticybersquatting Protection Act made several changes to the Lanham Act, including none of the above

27.

Question :

The Anticybersquatting Protection Act made it illegal to

register the domain name of a living person without their consent with the intent to profit by selling the name for financial gain. 28. Question : Bad faith guidelines under the ACPA include

Cyber Law Text & Cases Week 3 Quiz

holder of the domain name applies for it by using false information. 29. Question : Remedies of a trademark owner against a cyberpirate include both b and c 30. Question : In Playboy Enterprises, Inc. v. Welles, the trademark was descriptive of the plaintiff.

31.

Question :

In a trademark case, fair use arises when

none of the above 32. Question : The TRIPS Agreement all of the above 33. Question : A court in the United Kingdom (UK) found that it had jurisdiction over a German web site because the UK plaintiff

alleged harm and damages in the UK.

34.

Question :

In a lawsuit brought in India by Yahoo against the web site Yahooindia.com, the web site raised the defenses of all of the above

35.

Question :

In Playboy Enterprises v. Calvin Designer Label, the federal court ruled that the metatags violated the companys trademark rights.