Exam 42: Intellectual Property

In hopes of speeding up the approval process and making it more accurate,the Patent and Trademark Office has begun a pilot program which allows anyone to participate in the patent approval process.

In order for a copyright holder to collect money damages from a person who used copyrighted material,it must be proven that:

A copyright is valid for 28 years after it is obtained and can be renewed for another 28 years.

Rick wrote a song entitled "Wonderful." At the bottom of the first page of music he wrote "© 1990 by Rick Reed." Four months later a local band was playing his song at a bar.Rick felt that the bar was an inappropriate setting for his music.What is his remedy?

Jack goes to Fast Copy Center and pays to have 40 copies of a textbook made.Jack then sells the photocopied versions of the book to fellow students for $60 a copy (as opposed to the $95 textbook price).The textbook author learns of this and sues Jack and the copy center.Which statement is correct?

The name "Johnson Garage Doors" cannot be a trademark because a surname is already being used and other people have the right to continue to use the name.

James and his band played a very familiar song.However,they made up different words for the song that were intended to be funny.James's version of the popular song with different words is known as:

Under the "fair use doctrine," instructors cannot be liable for copyright violations.

List the four different types of "marks" that can be protected under trademark law.Explain how each mark is used.

Martina developed a new type of apple tree which could be reproduced through grafting.She cannot protect her rights in this tree by obtaining a plant patent since the tree cannot be reproduced by planting its seeds.

Unlike with patents,the ideas underlying copyrighted material need not be novel.

AVCO used a famous registered trademark of BNC,Inc.in a manner that reduced its value.This is a violation of the:

Identify the main provisions of the Digital Millennium Copyright Act and two arguments opponents of the Act raise.

A trademark lasts for:

Ernest invents a novel,useful,nonobvious product.He:

If Cub Cadet wins a trademark infringement suit by proving the defendant's trademark,Kub Kadet,is likely to deceive customers about who made the goods,Cub Cadet is entitled to:

Victoria registered a trademark under the Lanham Act.Six years later Don noticed Victoria's trademark and filed a lawsuit to enjoin her from using it.He proved he had registered the mark in several states more than ten years before Victoria obtained her trademark.Will Don prevail?

Derrick buys a CD,but after listening to it,decides he doesn't like the music.May he legally sell the CD to someone else? If he thinks his cousin would enjoy the music,may he legally copy the CD for her?

Jason and Stacey go to the movie theater and decide to use a camcorder to film the show so they can watch it again with their friends later at home.They have:

The requirements for a patent include all EXCEPT: