Exam 15: Business and Intellectual Property Law

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What types of remedies are available for patent infringement?

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The song "Happy Birthday to You" was originally written in 1893 as "Good Morning to All." The tune was the same,but the lyrics were different.Mildred and Patty Hill,who wrote the song,then changed the words and had the song published by Clayton F.Summy Company.Summy filed for a copyright in 1935 for "Happy Birthday to You." Warner Music claimed it acquired the copyright to the song in 1988.However,the Association for Childhood Educational International,a nonprofit group co-founded by Patty Hill that has collected a great deal of the $2 million per year in royalties coming in over the years,claims that if Warner is not the copyright holder,then it is.What do you need to know to determine if the copyright is still valid?​

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Trade secrets must be registered to enjoy protection.

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Washington Redskins wide receiver Pierre Garçon discovered that FanDuel,a fantasy sports company,was using his name and that of other NFL players in its daily ads.Mr.Garçon says that FanDuel does not have proper licensing.What form of property is Mr.Garçon trying to protect?​

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The Trademark Dilution Act provides a remedy for:

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During the late 1980s,a number of homeowners purchased satellite dishes in order to gain access to all forms of television programming (without the additional costs of cable and cable access fees).The pay-TV channels then scrambled their signals,and the owners find that their satellite dishes offer them no more stations than regular TV.Discuss the ownership rights in this situation.Were the satellite dishes an ethical and legal issue when they were sold to the homeowners in the first place?

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"M & M's" brand candy is:

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Misappropriation requires proof of:

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The United States has opposition proceedings as part of the patent process.

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Registration of a trademark in a Madrid member country is:

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How many states have adopted the Uniform Trade Secrets Act?

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Trade dress is not entitled to protection unless there is some form of registration under federal law.

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The Digital Millennium Copyright Act exempts digital technology from copyright protections.

(True/False)
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Forty-nine states have adopted the Uniform Trade Secrets Act.

(True/False)
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Once a U.S.company has a registered trademark in the United States,it can register that trademark in the 60 other countries who are signatory countries of the Madrid Protocol.

(True/False)
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Trade dress:

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​Trade dress protection is available for the look of a product.

(True/False)
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Since it is an educational use,a college professor may reproduce any works for course packs for the students in the professor's classes.

(True/False)
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Discuss the rights of the film companies to collect royalties from the rental of their films at local video stores.

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Trade secrets:

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