Trademark for the shape of the product or package

Question

Question 1

Which of the following is TRUE regarding whether the shape of a product or package may be a trademark?

• The shape of a product may be a trademark if it is nonfunctional, but the shape of a package may not be the subject of a trademark.
• The shape of a product may be the subject of a trademark if it is functional, but the shape of the package may not be the subject of a trademark.
• The shape of a product or package may be a trademark if it is functional.
• The shape of a product or the shape of a package may be a trademark if it is nonfunctional.
• The shape of a package may be a trademark if it is nonfunctional, but the shape of a product may not be the subject or a trademark.

Question 2

Which of the following are estates that do not include the right to possess the property?

• Easements
• Profits
• Licenses
• Easements, profits, and licenses
• Easements and profits, but not licenses

Question 3

Which of the following criteria must be satisfied in order for a patent, other than a design patent, to be granted?

• The object of the patent must be novel.
• The object of the patent must be useful.
• The object of the patent must be nonobvious.
• The object of the patent must be novel, but it does not have to be nonobvious.
• The object of the patent must be novel, useful, and nonobvious.

Question 4

Bobby took a number of wedding photos at Jill's wedding. He was paid as the photographer.On all of the photographs, he appropriately noted in the bottom, right-hand corner the necessary information, which showed that he was claiming copyright protection. Jill came to see Bobby three years after the initial photographs were taken, and she requested that he grant her permission to run of as many copies as she wanted at the local photo shop from the pictures that she initially purchased. The photo shop had refused to reproduce the photographs without Bobby's permission. When Bobby refused to give Jill permission to make copies, Jill started a heated argument. She told Bobby that photographs are not entitled to copyright protection. She also told him that even if he was correct that there was some copyright protection, she was engaged in fair use, and that, in any event, damages for copyright infringement are unavailable. Which of the following is correct regarding Jill's claim that damages for copyright infringement are unavailable?

• Damages are available, but a copyrighted work must be registered in order for the creator to recover damages from infringement.
• It is not necessary that a copyrighted work be registered in order for the creator to obtain damages.
• Damages for copyright infringement are only available if two businesses are involved— not in disputes involving an individual such as Jill.
• Some material that is subject to copyright must be registered before its creator may recover damages for infringement, but that is not true for photographs.
• She is correct that damages are unavailable in copyright infringement actions because only injunctive relief is available.

Question 5

Which of the following provides that a portion of a copyrighted work may be reproduced for purposes of criticism, comment, news reporting, teaching, scholarships, and research?

• The limited-use doctrine
• The copyright-use doctrine
• The fair-use doctrine
• The trade-use doctrine
• None of these because there is no such provision

Question 6

Real property ownership includes airspace above the land, water rights Flowing across or beneath the land, and __________.

• trees growing next to the land
• the right to divert the water to deprive landowners downstream from use of the water
• walkways leading to the land
• mineral rights under the land
• roadways providing access to the land

Question 7

In which of the following orders of ascending strength may trademarks fall?

• Generic, suggestive, descriptive, arbitrary, or fanciful
• Descriptive, generic, suggestive, arbitrary, or fanciful
• Arbitrary, fanciful, generic, descriptive, or suggestive
• Generic, descriptive, suggestive, arbitrary, or fanciful
• Suggestive, generic, descriptive, arbitrary, or fanciful

Question 8

What are the three basic types of property?

• Real, absolute, and personal
• Real, intellectual, and land
• Intellectual, land, and minerals
• Real, personal, and intellectual

Question 9

Bank accounts, stocks, and insurance policies are examples of which of the following types
of property?

• Tangible
• Intangible
• Substantive
• Productive
• All of the above

Question 10

Which of the following is TRUE regarding trade-secret protection?

• A trade secret is protected from unlawful appropriation by competitors as long as it is kept secret and consists of elements not generally known in the trade.

• A trade secret is protected from unlawful appropriation by competitors for 10 years so
  long as no competitor gains access to the secret through lawful means.
• A trade secret is protected from unlawful appropriation by competitors for 20 years so long as no competitor gains access to the secret through lawful or unlawful means.
• A trade secret is protected from unlawful appropriation by competitors for 30 years.
  A trade secret is protected from unlawful appropriation by competitors for 70 years.

Question 11

State real property or "realty" is land and everything permanently attached to it. That seems like a simple concept. Explain how the idea of mineral rights can impact you as a business person. Include information from your personal experience.  Your response should be at least 200 words in length.

Question 12

Explore Clause 8 of the United States Constitution. The creators of intellectual property have some protection. Explain what you view as threats to intellectual property in today's world economy. What are some examples where intellectual property is threatened? What are some protections in place to give creators of intellectual property some protection?

Your response should be at least 200 words in length.