Exam 6: Intellectual Property

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In his recording "Nothing Nu," O'Reilly uses the melody of a song written by Pete.O'Reilly did not obtain Pete's permission.This is​ 

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A

A patent applicant must demonstrate that an invention is "commercially practicable" to receive a patent. 

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Hua plots a new Iron Man adventure and carefully and skillfully imitates the art of Marvel Comics to create an authentic-looking Iron Man graphic novel.Hua is not affiliated with the owners of the copyright to Iron Man.Can Hua publish the novel as his own work without infringing on the owners' copyright?​

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Probably not.When the form or expression of an idea is copied,an infringement of copyright occurs.The reproduction can constitute infringement even if it is not be exactly the same as the original or does not reproduce the original in its entirety.The idea of a superhero crime fighter attired in an iron suit is not copyrightable,but the particular way in which an idea is expressed (in this case,in the character of Iron Man)is copyrightable and may not be freely used by others.

It is possible to copyright an idea. 

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With a few exceptions,almost anything is patentable. 

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Resurgent Corporation designs a new tablet that the firm names "SyFye." The company can obtain patent protection for​ 

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In 2015,Kelly writes Like the Wind,a novel about marathoners and ultra marathoners.Kelly does not register the work with the appropriate government office.Under federal copyright law,Kelly's work is protected​ 

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James buys a copy of the book The Black Stallion.Later,after reading the book,James sells the book to his sister.James's sale of the book is​ 

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Gas Up,Inc.,designs,makes,and sells a fuel injection system that copies Hybrid Corporation's design without Hybrid's permission.This is most likely​ 

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Bubbly Cola features Sparkly Cola's trademark without its owner's permission.Bubbly's use of the mark is actionable provided 

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A trade name can be protected if it is unusual or fanciful.

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RiteMade Machinery,Inc.,designs,makes,and sells a drill press.Steel Equipment Company copies the design without RiteMade's permission.Steel's conduct is actionable provided​ 

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Li'l Canine Company (LCC)uses a trademark that neither LCC nor anyone else has registered with the government.Under federal trademark law,LCC​ 

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A service mark distinguishes products used by those in public service.

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Creation Worx,Inc.,develops,makes,and markets new computer programs for businesses and consumers.Generally,copyright protection extends to​ 

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Chris operates the Devil's Brew chain of coffee stands."Devil's Brew" is 

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A certification mark distinguishes products approved,or "certified," by the government.

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Gold & Sweet Company bottles and sells maple syrup from its plant in Vermont.On the labels is a logo that states "100% Genuine New England Maple Syrup Certified by the Northeast Maple Syrup Harvesters Association." This logo is​ 

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A license permits the use of intellectual property for certain limited purposes. 

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An exception to liability for copyright infringement is made under the "fair use" doctrine.

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