Exam 14: Business and Intellectual Property Law

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A copyright for a corporation lasts for how long?

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Design patents extend for a 14-year period.

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Corporations cannot hold copyrights.

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Palming off is a tort in which one company sells its imitation product by leading buyers to believe it is a different product or the "real thing."

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The Lanham Act provides protection for trademarks, trade names, and trade dress.

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Slander of title is the same tort as palming off.

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Which of these has an indefinite duration (assuming proper processes are followed)? I. Trademarks II. Patents III. Copyrights IV. Trade secrets

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The "likelihood of confusion" standard is used:

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The Federal Trademark Dilution Act permits private suit for tarnishment of a trademark.

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Knockoff goods are:

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GATT requires patent protection for 50 years.

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The Berne Convention is administered by WIPO and covers member countries.

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Under the Computer Software Copyright Act, all source code can be copyrighted, but not all object code can be copyrighted.

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Under the U.S. Constitution, copyrights are allowed to last into perpetuity.

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Patents are a 20-year legal monopoly.

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Copyrights run for the life of the creator plus 50 years.

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Chicago Roller Skate has purchased an inexpensive indoor rollerskate from a Taiwanese manufacturer. Brookfield Athletic Shoes alleges that its patent for its unique wheel plate is infringed by the Taiwanese model. Discuss the issues of infringement as well as the issues of international protections of patented products.

(Essay)
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Ted's Red Hots is a hot dog restaurant that has the shape of a hot dog in a bun, with the hot dog wearing a white chef's hat at one end. Wally's is a new hot dog restaurant that has a wiener dog shape with the wiener dog wearing a white chef's hat. Ted's probably has an infringement claim based on:

(Multiple Choice)
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Louis Vuitton is a manufacturer of luggage, purses, wallets, and briefcases and is internationally known for its classic LV design on its products. Vuitton has authorized two U.S. importers to handle its products with the caveat that the products are to be sold only in the finer department stores and Vuitton-authorized dealers and franchises. One dealer has been selling the Vuitton products at substantial discounts to a wholesaler in the Los Angeles garment district. Discuss Vuitton's rights in this situation.

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Plant patents last for 20 years to protect new forms of plants and hybrids.

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