More Intellectual Property Trivia Questions (The Outtakes)

More Intellectual Property Trivia Questions (The Outtakes)

Like all other exams administered by law professors, this one was designed to make you question if you are smarter than a snail. Photo credit: The word Quiz in red 3D letters // ShutterStock

If you thought the actual trivia quiz questions were hard, wait until you see the outtakes. Photo credit: The word Quiz in red 3D letters // ShutterStock

Recently I posted our IP trivia quiz from WIPIP. To prepare those trivia questions, my colleagues (Tyler Ochoa and Brian Love) and I made a list of potential questions and then picked our favorites. In this post, I’m sharing the questions we didn’t use. Because they are the outtakes, I didn’t refine the questions’ precision or validate the answers, so there’s a higher chance you’ll find errors or ambiguities in these questions and answers. Validate any answers before relying on them! Still, I hope you enjoy.

Patents

Q: What is the name of Federal Circuit Chief Judge Randall Rader’s current band?

A: DeNovo

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Q: In FY2013, how many patents were issued to Puerto Rico residents?

A: 18. Source (page 198)

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Q: In FY2013, how many patents were issued to Cuba residents?

A: 12. Source (page 201)

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Q: Name the four cities that house, or will house, satellite USPTO offices.

A: Detroit, Denver, San Jose and Dallas. Source.

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Q: When he published his 3 volume treatise the “Law of Patents” in 1890, where did William Callyhan Robinson work?

A: Yale Law School

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Q: Who said “ingenuity should receive a liberal encouragement”?

A: Thomas Jefferson

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Q: Who played the role of intermittent windshield wiper inventor Robert Kearns in the 2008 movie, Flash of Genius? 

A: Greg Kinnear

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Q: Who was the first appointed Federal Circuit judge who had experience as a district court judge?

A: Kathleen O’Malley

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Q:  How much did RIM pay NTP to lift the permanent injunction threatening to shutdown the Blackberry network in 2006?

A: $612 million

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Q: What was the fine for infringement under the 1474 Venetian patent act? 

A: 100 ducats

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Q: Name the inventor who filed a patent caveat for the telephone on the same day Alexander Graham Bell filed his application

A: Elisha Gray

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Q: Which former or current Federal Circuit judge ranks sixth all time on the list of advocates with the most Supreme Court oral arguments? Bonus Q: within 5%, how many arguments did this advocate make at the court?

A: Daniel Friedman, and 80.

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Q: What is the name of the wood pavement patentee in City of Elizabeth v. Pavement Company?

A: Samuel Nicholson.

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Q: What was the priority date of Jerome Lemelson’s patent, issued in 1994, that was the subject of the famous patent opinion in Symbol Technologies v. Lemelson? Bonus Q: how many total US patents were issued to Lemelson? 

A: 1954, and 606 (source for the latter)

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Q: Who said that the patent system is “adding the fuel of interest to the fire of genius”?  Bonus Q: what technology did he patent?

A: Abraham Lincoln, and an improved manner for buoying vessels over shoals (source for the latter)

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Q: What year was US Patent Number 1 issued, and to whom?

A: On July 13, 1836, US Patent Number 1 was issued to John Ruggles for traction wheels. After the Patent Act of 1836, the Patent Office started a numbering system for the issued patents. John Ruggles was also a senator from Maine who was instrumental in the passage of the Patent Act.  Source.

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Q: Who was the first woman known to receive a patent in her own name?

A: Mary Dixon Kies.  In 1809, she received a patent for a way to weave “straw with silk or thread.”  Source.

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Q: What is the relationship between the brand “Liquid Paper” and the band The Monkees?

A: The inventor, Bette Nesmith Graham, is the mother of band member Michael Nesmith.  Source.

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Q: Who was issued the first patent issued in North America, and for what?

A: Samuel Winslow in Massachusetts in 1641 for a process of making salt.

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Q: Who is the world’s most prolific patent inventor? 

A: Kia Silverbrook, with over 4600 patent families.  Source

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Q: Order the following inventors in terms of most number of issued patents: Thomas Edison, Edwin Land, Jerome Lemelson, George Westinghouse, Shunpei Yamazaki

A: #1: Shunpei Yamazaki (3193), #2: Thomas Edison (1084), #3: Jerome Lemelson (606), #4: Edwin Land (535), #5: George Westinghouse (361). Source.

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Q: Who was the first Superintendent of the U.S. Patent Office?  Bonus Q: what was his other claim to fame?

A: William Thornton, and he was the first Architect of the Capitol, and his design was selected as the basis for the U.S. Capitol building.

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Q: Who was the first woman to be Director of the U.S. Patent Office?

A: Trick question; there has not been a female Director.  Teresa Stanek Rea was Acting Director from February 1, 2013, and Michelle Lee is now a Deputy Director.

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Q: Who was issued U.S. Patent No. 1,000,000, and for what?

A: Francis H. Holton, and a puncture-proof automobile tire. Issued in 1911.

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Q: Who was issued U.S. Patent No. 7,000,000, and for what?  

A: John O’Brien (assigned to DuPont),  and Polysaccharide Fibers. Issued February 14, 2006.

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Q: In what year was Chisum on Patents first published?  

A: 1978

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Q:  For whose benefit was the first private act extending the term of a patent enacted, and for what?

A: Oliver Evans, for an automated flour mill comprising five machines. In 1808.

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Q: Academy-Award-winning actress Joan Fontaine died in December 2013. Her sister, Olivia de Havilland, was also an Academy-Award-winning actress.  What other members of the family have a connection to intellectual property?  

A: Their father, Walter de Havilland, was a British patent attorney; and their cousin, Sir Geoffrey de Havilland, was a famed aviation engineer and inventor on numerous patents.

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Copyrights

 Q: What was the copyright term for a work in the 1790 Copyright Act?

A: 14 years with a 14 year renewal.  Source.

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Q: The 1920 song “Avalon,” attributed to Al Jolson and Vincent Rose, was held to infringe an opera by what composer? 

A: The opera Tosca by  Giacomo Puccini.

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Q: When he was criminally prosecuted, David LaMacchia was a student at what institution?  

A: Massachusetts Institute of Technology (MIT)

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Q: What is the subject matter of 17 USC 119?

A: “Secondary transmissions of distant television programming by satellite”

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Q: How many performances did the play Abie’s Irish Rose run for in its initial Broadway run?  (within 5%)

A: 2,327 (at the time the longest run in Broadway theater history)

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Q: Complete the post-colon title of Justice Breyer’s famous 1970 article, “The Uneasy Case for Copyright:…”  [Exact matches only]

A: A Study of Copyright in Books, Photocopies, and Computer Programs

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Q:  Who said “the VCR is to the American film producer and the American public as the Boston Strangler is to the woman home alone”?

A: Motion Picture Association of America head Jack Valenti

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Q: What does “CONTU” stand for?  

A: National Commission on New Technological Uses of Copyrighted Works

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Q: In 2005, rap singer Terius Gray, professionally known as Juvenile, won a copyright infringement lawsuit in the Fifth Circuit.  What was the name of the allegedly infringing song, and what was the professional name of the artist who claimed infringement?

A: “Back That Azz Up”/ “Back That Ass Up” and Jerome Temple, professionally known as D.J. Jubilee.  Source.

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Q: This science fiction book by Rob Reid involves alien cultures coming into contact with Earth music and being bankrupted by the resulting fines and penalties from copyright infringement. 

A: Year Zero.  Source.

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Q: Who is the “Anne” of the “Statute of Anne”?

A: Anne, Queen of Great Britain

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Q: Who was the first Register of Copyrights?  

A: Thorvald Solberg

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Q:  Who was the first woman to be Register of Copyrights?

A: Barbara Ringer

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Q: Who registered the first U.S. copyright under federal law, and for what work?

A: John Barry, for The Philadelphia Spelling Book

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Q: What was the first motion picture registered for copyright protection, and when was it registered? 

A: Edison’s Kinetoscopic Record of a Sneeze, aka Fred Ott’s Sneeze, in 1894 

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Q: Name the Joan Crawford movie at issue in the 1940 Supreme Court case Sheldon v. Metro-Goldwyn Pictures?  Bonus Q: The damages ruling effectively left the movie in legal limbo.  What year is the movie likely to become publicly available again? (within 3 years)

A: Letty Lynton and 2025.

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Q: In Effects Associates v. Cohen, Judge Kozinski opined about oral copyright transfers.  What movie was the subject of the litigation?

A: The Stuff

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Trademarks

Q: What is the year of the first U.S. trademark registration?

A: 1870.

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Q: name the first federal trademark registration applied for and registered.

A: Applied for: “Attorney David A. Burr was the first one to the Office, on July 28, 1870, representing J.J. Turner & Co., who sought to protect “EXCELSIOR No. 1 Peruvian Guano” for use in connection with fertilizer.”

Registered: “Averill Chemical Paint Company which, on August 30, 1870, filed an application for a design mark depicting an eagle with a ribbon together with the words “Economical, Beautiful” for liquid paint. U.S. Trademark Registration No. 1 was, according to the notation in the historic ledger, issued on October 25, 1870.”

Source.

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Q: How many oppositions were filed with the TTAB in FY13?

A: 5,278. Source.

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Q: Who does the Curtiss Candy Company say inspired the name of the “Baby Ruth” candybar? 

A: Ruth Cleveland, the daughter of former president Grover Cleveland.

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Q: Who was issued Trademark Registration No. 1,000,000, and for what mark? 

A: Cumberland Packing Corp., for a musical staff element of “Sweet ‘N Low” logo, for “Low Calorie Sugar Substitute,” in 1974

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Q: In what year was McCarthy on Trademarks first published?

A: 1973

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Other

Q: Name the singer who vocally impersonated Bette Midler in the Mercury Sable advertisement at issue in Midler v. Ford.  Bonus Q: what was the name of Bette Midler’s backup band that she was a member of? Double bonus Q: What ad agency made the commercial?  

A: Ula Hedwig; the Harlettes; Young & Rubicam

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Q: How many years is a maskwork right protected per 17 USC 904?

A: 10 years

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International IP

Q: As of November 22, 2013, how many nations are members of the Berne Convention? Bonus Q: What country was the most recent to accede to the Berne Convention?

A: 167, and Mozambique

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Q: As of September 21, 2013, how many nations are members of the Paris Convention, and what country was the most recent to accede to the Paris Convention?

A: 175, and Samoa

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Q: In what revision of the Berne Convention was the minimum term of life-plus-50-years first introduced?

A: 1908 Berlin

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Q: In what revision of the Berne Convention was the minimum term of life-plus-50-years made mandatory?

A: 1948 Brussels  

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Q: In what revision of the Berne Convention was the reproduction right expressly made a mandatory requirement?

A: 1967 Stockholm

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Q: In what revision of the Paris Convention was the priority period for filing patent applications in other countries first set at 12 months?

A: 1883 Paris; trick question!

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Q:  In what revision of the Paris Convention was the priority period for filing applications for registration of trademarks and other industrial designs first set at 6 months?

A: 1925 The Hague

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Q:  What was the original priority period for filing applications for registration of trademarks and industrial designs in the Paris Convention?

A: 4 months

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Q: In what revision of the Paris Convention was Article 6bis on the prohibition of registration of well-known foreign marks first introduced?

A: 1925 The Hague

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Q: In what revision of the Paris Convention was Article 6quinquies requiring the registration and protection of a registered mark in all other countries “as is” (“telle quelle”) first introduced?

A: 1958 Lisbon

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Q: What was the first country held in violation of the patent provisions of the TRIPS Agreement?  

A: India – Patent Protection for Pharmaceutical & Agricultural Chemical Products (mailbox rule)

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Q:  What was the first country held in violation of the copyright provisions of the TRIPS Agreement?

A: United States – Section 110(5) of the Copyright Act