Exam 8: Real, Personal, and Intellectual Property

A bank account is an example of intangible property.

Which of the following provides that a portion of a copyrighted work may be reproduced for purposes of criticism,comment,news reporting,teaching,scholarships,and research?

What three criteria must be satisfied in order to obtain a patent that is not a design patent?

What was the holding of the United States Supreme Court in the Qualltex Co.v.Jacobson Products Co.case?

To be protected in ________ use,a trademark must be registered with the United States Patent Office under the Lanham Act of 1947.

Bank accounts,stocks,and insurance policies are examples of which of the following types of property?

Real property is commonly referred to as fealty.

Cindy sold her old used automobile to Bruce for $1,000.Cindy told Bruce to come and take the car and that the transfer would be complete.Is Cindy correct,and why or why not?

Disputed Ring.While working in the yard,Tina found a beat-up ring.Becca,an eighteen-year old neighbor,came over to visit and liked the ring.Tina said,"You can have this old thing if you would like." Becca replied,"I really like it - Maybe it's a real diamond!" Tina laughingly told her that there was a one in a billion chance of that and that Tina was more likely to win the lottery.A few months later Becca ran over to Tina's house and told Tina that the ring was actually a diamond worth thousands of dollars! Becca gave Tina the ring to examine.Tina put it in her pocket and told Becca that she would never have given it to her if she had realized its value and that possession was back where it had always belonged.Tina also told Becca that Becca failed to legally accept the gift because she did not know its true value and also because Tina did not sign any document turning over title.Becca sues.Which of the following is true regarding Tina's statement that she was entitled to the ring because she would not have given it to Becca if she had known the true value?

Scuba Diving.Marcy invented a new type of mask for scuba divers that was not subject to fogging.She agrees to allow Jenny to manufacture and sell the mask.She receives a sum of money for every mask that Jenny sells.Similarly,Marcy entered into an agreement with Frank to allow him to sell the masks,but only if he also purchased non-patented diving suits from Marcy.All parties proceeded to do very well with their sales.Which of the following describes the agreement between Marcy and Frank?

Wedding Photos.Bobby took a number of wedding photos at Jill's wedding.He was paid as the photographer.On all of the photographs,he appropriately noted in the bottom right corner the necessary information showing that he was claiming copyright protection.Jill came to see Bobby three years after the initial photographs were taken and requested that he grant her permission to make as many copies as she wanted at the local photo shop from the pictures that she initially purchased.The photo shop had refused to reproduce the photographs without his permission.When he refused to give her permission to do so,Jill started a heated argument.She told Bobby that photographs are not entitled to copyright protection.She also told him that even if he was correct that there was some copyright protection,she was engaged in fair use,and in any event,damages for copyright infringement are unavailable.Which of the following is correct regarding Jill's claim that photographs are not subject to copyright protection?

A license is a right to use another's property that is both permanent and irrevocable.

A(n)________ is the right to go onto someone's land and take part of the land or a product of it away from the land.

Tangible property includes items such as furniture,cars,and other goods.

On the death of the holder of a life estate,the property will:

Which of the following is the legal process by which a transfer of property is made by a governmental entity against the protest of the property owner pursuant to the Takings Clause of the Fifth Amendment to the United States Constitution?

Unlike United States eminent domain law,the German federal government may expropriate land for the public good without paying the landowner compensation.

Lottery Winnings.Frank,a hypochondriac who was also very compulsive,was having minor surgery to repair a bone spur on his foot.He had just purchased a lottery ticket for a chance at the grand prize of $30,000,000.Frank's girlfriend,Bubbles,went with him to the hospital.While in the waiting room,Frank said to her,"Bubbles,I may not make it out of this bone spur surgery.Take my lottery ticket.If I don't make it,I hope you win and live it up,but please don't get another boyfriend." Bubbles replied,"I could never be happy without you." A nurse saw and heard the whole exchange.Frank came out of the surgery just fine but with a sore foot.While he was recuperating that evening,Bubbles watched the lottery drawing and discovered that Frank's ticket was indeed the winning ticket.She immediately moved out and collected the winnings.Frank saw her on television with her new boyfriend,George.She appeared to be very happy.He checked the numbers and discovered that she won with his ticket.Frank says that the lottery money is his.Which of the following describes the type of gift at issue?

Which of the following describes property that the true owner has unknowingly or accidentally dropped or left somewhere?

Under which of the following conditions is a trademark protected under state common law?