LLM Intellectual Property Law 3

Question 1

What must a plaintiff demonstrate to establish copyright infringement?

Accepted Answer

Ownership of a valid copyright and copying of protected expression

Answer

Copyright infringement requires the plaintiff to prove ownership of a valid copyright and unauthorized copying of original, protected expression.

Question 2

In trademark law, what is 'likelihood of confusion' used to determine?

Accepted Answer

Whether a junior mark infringes a senior registered trademark

Answer

Likelihood of confusion is the standard test for trademark infringement, asking whether consumers would likely be confused as to the source, sponsorship, or affiliation of goods or services.

Question 3

Under patent law, what is the purpose of 'inter partes review' (IPR)?

Accepted Answer

To challenge the validity of an issued patent before the Patent Trial and Appeal Board

Answer

Inter partes review is a USPTO proceeding before the Patent Trial and Appeal Board that allows third parties to challenge the validity of an issued patent based on prior art.

Question 4

What is 'reverse passing off' in the context of trademark and unfair competition law?

Accepted Answer

Removing another's trademark and substituting one's own mark on goods one did not create

Answer

Reverse passing off involves removing or obliterating the original producer's identification and replacing it with one's own mark, misrepresenting the source of the goods.

Question 5

The DMCA's 'safe harbor' provision protects online service providers from copyright liability if they:

Accepted Answer

Expeditiously remove infringing content upon notice and lack knowledge of infringement

Answer

Section 512 of the DMCA provides safe harbor for service providers that lack knowledge of infringement and act expeditiously to remove content upon receiving a valid takedown notice.

LLM - Master of Laws Practice Test

LLM - Master of Laws Practice Test

LLM Intellectual Property Law 3