July-August 2016 LACBA MCLE Test and Answer Sheet

Test No. 259: Fashion Sense

To access the article related to this test, please click here.
  
Instructions for Obtaining MCLE Credit

The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour. To apply for credit, please follow the instructions.

1. Study the CLE article.

2. Answer the test questions by marking the appropriate boxes. Each question has only one answer.

3. Photocopies of this answer sheet may be submitted; however, this form should not be enlarged or reduced. Mail the answer sheet and the $20 testing fee ($25 for non-LACBA members) to:

Los Angeles Lawyer
MCLE Test
P.O. Box 55020
Los Angeles, CA 90055

Make checks payable to Los Angeles Lawyer.

4. You can also fill in the test form and submit it directly to LACBA by clicking "Submit." To submit your test answers online you will need to pay by credit card. After submitting your answers you will be presented with a screen requesting payment information. This information will be submitted in a secure mode which will allow you to safely transmit your credit card number over the Internet. If you prefer not to pay by credit card, please print this answer sheet and submit your responses by regular mail.

5. Within six weeks, Los Angeles Lawyer will return your test with the correct answers, a rationale for the correct answers, and a certificate verifying the CLE credit you earned through this self-assessment activity.

6. For future reference, please retain the CLE test materials returned to you.


 

Test Sheet
 



  
Mark your answers to the test by clicking next to your choice.  All questions must be answered.  Each question has only one answer. This test is worth 1 hour of credit.*

1. What is the term of a design patent filed today?




2. Trademarks must be capable of being expressed in words.


3. A brand new clothing design can have trademark protection in the United States.


4. A brand new fabric print can have copyright protection in the United States.


5. Can a clothing design (e.g. a cheerleader uniform) have copyright protection?



6. The International Trade Commission can prevent sale of infringing goods.


7. It is possible to “use” a trademark without actual use.


8. Product design rights vary significantly between the United States and the European Union.


9. It is possible to obtain statutory damages even if infringement begins prior to registration.


10. Which of the following can form the basis of an infringement action without registration?



11. What is the standard of liability for trademark in­fringement?




12. Adam begins selling jeans under the mark “Shazam” on February 1, and registers on March 1. Brenda registers an intent to use a mark for “Shazam” in connection with jeans on January 1, but does not commence actual use until April 1. Who has priority?


13. All else being equal, which of the following has the highest fees and costs?



14. A company can warehouse trademarks for a “rainy day” up to three years.


15. Even if consumers view a mark as generic and do not associate it with the mark holder, there are actions the holder can take that per se will render the mark valid.


16. If the ornamental design underlying a design patent acquires secondary meaning, it can become a trademark or trade dress.


17. Which of the following is not a potential form of relief in a copyright infringement action?




18. Which of the following is not a potential form of relief in a trademark infringement action?




19. Which of the following is not a potential form of relief in a design patent infringement action?




20. Which of the following cannot be copyrighted due to its status as a useful article?


 


Before clicking the Submit button, please verify that all questions have been answered. An error message will appear if not all questions are answered.

* The Los Angeles County Bar Association has been approved as a continuing legal education provider of Minimum Continuing Legal Education credit by the State Bar of California. This self-assessment activity will qualify for Minimum Continuing Legal Education credit by the State Bar of California in the amount of one hour.