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 Los Angeles Lawyer
The Magazine of the Los Angeles County Bar Association

June 2010     MCLE Test and Answer Sheet

Test No. 193: Screen Grabbing


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 $15 testing fee ($20 for non-LACBA members) to:

Los Angeles Lawyer
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. The "look and feel" of a Web site must be nonfunctional and distinctive to be worthy of copyright protection.

2. The U.S. Copyright Office has stated publicly that the formatting of Web pages generally is not copyrightable.

3. Web site owners may not bring a look-and-feel copyright infringement suit until they have first applied for copyright registration.

4. As a practical matter, it is impossible to prove whether the look and feel of one Web site appeared on the Internet before the look and feel of another site.

5. What is the Ninth Circuit's standard for how similar the look and feel of a knockoff Web site must be to the original in order for the copying to constitute copyright infringement?
 A. Substantially similar.
 B. Confusingly similar.
 C. Virtually identical.
 D. None of the above.

6. Unlike copyright, trade dress need not be registered, nor must it be original or creative.

7. To sustain a claim for trade dress infringement, a Web site owner must prove that:
 A. Its design is nonfunctional.
 B. Its design has acquired secondary meaning.
 C. The knockoff Web site creates a likelihood of confusion in the mind of the consuming public regarding the source, sponsor, or maker of the infringing site.
 D. All of the above.

8. Which of the following is not an example of protectable trade dress?
 A. The hourglass shape of the classic Coca-Cola bottle.
 B. Gateway's cow-spotted computer boxes.
 C. The characters and design features used in the Pac-Man video game.
 D. The words "Levi Jeans."

9. A product feature is functional if it is useful or serves a purpose that is "the actual benefit the consumer wishes to purchase" rather than a "mere arbitrary embellishment."

10. In a Web site, what product feature can be characterized as functional?
 A. Hypertext links.
 B. Color scheme and particular arrangement of text, images, and subject matter.
 C. None of the above.
 D. A and B.

11. A product design feature acquires secondary meaning when its secondary significance in the minds of prospective purchasers serves to identify the source or maker of the product.

12. To prove secondary meaning, a Web site owner must present evidence that the general public associates the look and feel of the site with its owner.

13. The Ninth Circuit's factors for determining likelihood of confusion do not include:
 A. Similarity of the two marks or trade dress.
 B. The defendant's intent in selecting the mark.
 C. Evidence of actual confusion.
 D. Trademark registration.

14. Likelihood of confusion exists when a reasonable consumer believes that the defendant's product is licensed, sponsored, endorsed, or authorized by the plaintiff.

15. Evidence of actual confusion is the best evidence of likelihood of confusion.

16. Functionality, secondary meaning, and likelihood of confusion are highly fact-specific issues.

17. In trade dress actions, the court has discretion to award plaintiffs up to four times the amount of their monetary damages.

18. In "exceptional" trade dress cases--generally those that involve intentional or deliberate infringement--the court may award attorney's fees.

19. A district court in California required a copycat site to 1) post hypertext links directing users to the infringed site and 2) forfeit its domain name.

20. In copyright actions, plaintiffs may recover:
 A. Monetary damages.
 B. Statutory damages up to $150,000 in lieu of monetary damages.
 C. Attorney's fees.
 D. All of the above.

Address and Billing

After submitting your answers you will be asked to enter your name, address, and payment information on the next screen. Once you have submitted the current form, you will be switched to a secure mode which will allow you to safely transmit your credit card number over the Internet.

If you do not wish to complete this transaction over the Internet you should print this page and send it to the address listed in Step 3 of the instructions at the top of this page.

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.



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