2uestion 2 (1 point) One element of trademark infringement is that the mark is used in commerce. Another element is consumer confusion. Which of the following best describes infringing domain names? 1) Domain names are treated the same as other trademarks: infringement requires consumer confusion and use in commerce 2) Domain names are different: consumer confusion is required to find infringement, but use in commerce is not. 3) Domain names are different: use in commerce is required to find infringement, but consumer confusion is not. 4) Domain names are different: neither consumer confusion nor use in commerce is required to find infringement. What is the impact of providing false information when registering a domain? (Select all that apply) 1) There is no legal impact because domain registrars are private companies and have no legal enforcement powers. 2) Trademark or copyright infringement utilizing the domain will be considered willful. 3) Increased sentence for felony conviction using domain. 4) Domain registration suspended and even cancelled Question 4 (1 point) Secondary meaning 1) Is an affirmative defense in a copyright infringement case 2) Is required to trademark non-distinct marks and personal names 3) Is an element of consumer confusion 4) Is included in the claims section of a patent application I have used my invention in my business for five years. This creates a rebuttable presumption of patent protection. 1) True 2) False Question 6 (1 point) Trademarks arise from use, this means that if I register the domain raindrops.com and use it in commerce to sell glass trinkets, and then a startup called Rain Drops becomes a wildly successful multinational company specializing in cloud-seeding, and I leverage their success by running various pay-per-click ads on my domain, they will not succeed in a UDRP action to cancel or transfer the domain because I own the trademark. 1) True 2) False Question 7 (1 point) The Lanham Act covers trademarks. Trademarks identify goods, while service marks identify services and are thus not covered by the Lanham Act. 1) True 2) False My consignment store sells Adidas, Nike, and Reebok. I list the brands on my website. I have been sued by Nike, they are seeking an injunction to force me to remove their name from the website. A court will likely: 1) Issue the injunction, because I am using the trademark in a manner not approved by the trademark owner. 2) Declare the use nominative 3) Find dilution and award damages 4) Find tarnishment and aware damages I have sold my cookies at local bake sales for ten years. Last year a competitor started selling cookies with my logo on them, they also copied my product description verbatim, including the recipe (which I have published in the past). None of my intellectual property is registered with relevant agencies. Even though my cookie recipe use very typical and expected ingredients, the competitor's cookies taste horrible. I should sue for: (select all that apply) 1) Copyright infringement 2) Trademark Infringement 3) Dilution 4) Patent infringement I have been accused of infringing a registered trademark, I can use which defense(s)? (select all that apply) 1) I did not know the trademark was registered 2) My use was parody 3) The plaintiff does not own the trademark 4) The mark is generic or descriptive
