Exam 8: Real, Personal, and Intellectual Property

A company's client list may be considered a trade secret.

A registrant may lose registration of a domain name for Internet usage by not using it for more than ________ days.

Which of the following describes property that the true owner has intentionally placed somewhere but has forgotten its location?

Which of the following companies is responsible for registering domain names for Internet use?

Bernice enjoys snooping,particularly through her neighbor Fernando's trash.She sneaks out and grabs Fernando's trash while he is at work and his garbage can is at the curb,awaiting the trash collector's pickup.Bernice goes through it to find out confidential information regarding Fernando,but never tells anyone else or uses the information for any purpose other than to satisfy her own curiosity.Discuss whether you believe it is legal and/or ethical for Bernice to go through Fernando's trash.

A(n)________ is an irrevocable right to use some part of another's land for a specific purpose without taking anything from it.

What type of gift is made by a person during his or her lifetime?

A landowner cannot be required to involuntarily transfer his or her property to the government,because compelling the landowner to do so would violate the Due Process Clause of the United States Constitution.

To stop a competitor from using a trade secret,the plaintiff must prove that a trade secret actually existed,the defendant acquired the trade secret unlawfully,and ________.

Ellen,who runs a successful nail salon,ran across a very interesting pamphlet on customer relations.The pamphlet was fifty pages long and cost $70.Ellen thought the price was outrageous.Accordingly,she bought one copy and photocopied the pages that she thought were pertinent and gave them to her employees.She copied forty of the pages out of the pamphlet for each of her twenty employees.A disgruntled employee informed the publisher of the pamphlet of what Ellen had done and she was charged with copyright infringement.Ellen defended on the basis of the fair-use doctrine.List the four factors a court would consider in determining whether a violation occurred.Also,give your reasoned opinion as to whether Ellen is entitled to fair-use protection.

Assuming it was initially registered with the United States Patent and Trademark Office after 1990,how often must a trademark be renewed after its initial renewal?

In order for a work to be copyrightable,it must be fixed,original,and creative.

To register a domain name on the Internet,an application must be filed with the United States Patent and Trademark Office.

If a tenant subleases property to another party,the initial tenant is no longer liable for payment of the rent for the remainder of the lease term.

In Kelo v.City of New London,the United States Supreme Court ruled that as a matter of law,the government violates the Fifth Amendment to the U.S.Constitution by taking private property and selling it for private development.

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.Marcy's agreement with Jenny allowing Jenny to sell the mask is referred to as which of the following?

To properly register a trademark with the United States Patent and Trademark Office,one must:

The right to enter onto property to remove underground materials is included in the ownership of ________ rights.

Condemnation is a legal process that is protected by the federal constitution and allows the government to take private property for the use of the public without paying the owner compensation for the property.

What are the three basic types of property?