Chat with AIExam 4: Intellectual Property
College Copy Shop (CCS) compiles, copies, and sells reading materials to students on the instructions of their professors, who indicate which parts of which publications should be included. These include texts published by Deep Topics, Inc. CCS does not obtain the permission of Deep Topics, or any of the other original publishers of the copied materials, and does not pay royalties on the sales of the compilations. Deep Topics and others file a suit against CCS, alleging infringement of the plaintiffs' intellectual property rights. Which type of intellectual property is involved in this situation? What is CCS's likely defense? How is a court most likely to rule? Explain.
(37) 
VerifiedThe intellectual property at issue in this situation is copyright-specifically, of course, the copyrights of the publishers of the materials that CCS copies and sells without permission. CCS is likely to assert the "fair use" doctrine in its defense. This doctrine includes exceptions to the general requirement that an owner's permission be obtained before copyrighted material can be copied. CCS is probably likely to argue that its compilations are excepted because they are dedicated to "educational" uses. A court is most likely to conclude, however, that the copying and selling of the materials is not a fair use, because CCS profits from their sale, which undercuts the potential market for the copyrighted publications from which the copies are made. In determining fair use, a court considers four factors: the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used in relation to the copyrighted work as a whole, and the effect of the use on the potential market for or value of the copyrighted work. In this situation, the fourth factor is most significant and supports the conclusion that CCS's use of the materials is not a fair use.
A marketing technique can be a trade secret.
(41) VerifiedTrue
A personal name is protected under trademark law if it acquires a secondary meaning.
(31) VerifiedTrue
Counterfeit goods copy or otherwise imitate trademarked goods, and they are in fact sometimes genuine.
(48) In 2016, Data Marketing, Inc., registers its trademark as provided by federal law. After the first renewal, this registration
(30) A famous trademark may be diluted only by the unauthorized use of an identical mark.
(34) If anyone who is a citizen of a country that has not signed the Berne Convention first publishes a book in a signatory country, all other signatory countries must recognize the author's copyright.
(33) The idea for "Price+Profit," an app that businesses can use to track their revenue, profit, and payroll, is protected by
(32) An exception to liability for copyright infringement is made under the "fair use" doctrine.
(38) Quinn designs a new tablet computer, which he names "PhlipTop." He also writes the operating manual that is included with each final product. Quinn could obtain patent protection for
(32) Constellation Analytics Inc. uses a mark associated with its name to distinguish its services from those of other tech firms. This mark is
(34) Metro Movers Miami Corporation allows Metro Movers Milwaukee Company to use Metro Movers' trademark as part of its company advertising. This is
(28) A trademark need not be registered to support a trademark infringement action.
(44) A person can reproduce copyrighted material for purposes such as teaching, including multiple copies for classroom use, without paying royalties.
(35) Mary Kate Corporation allows Ashley Company to use Mary Kate's trademark as part of Ashley's domain name. This is
(43) Mace copies Nick's book, Off the Beaten Path, in its entirety and sells it to Parkland Books, Inc., without Nick's permission. Parkland publishes it under Mace's name. This is
(35) Zoey invents "One for All," new business inventory control software, and applies for a patent. If Zoey is granted a patent, it will protect her product
(38) A copy must be exactly the same as the original to infringe a copyright.
(26) 
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