Exam 8: Real, Personal, and Intellectual Property

What is a distinctive mark,word,design,picture,or arrangement that is used by a producer in conjunction with a product and tends to cause consumers to identify the product with the producer?

Trade dress is entitled to the same protection as a trademark.

Which of the following is a correct statement regarding whether the shape of a product or package may be a trademark?

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 is true regarding Frank's statement at the hospital regarding Bubbles's taking the ticket?

The laws of intellectual property protect property that is primarily the result of mental creativity rather than physical effort.

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 damages for copyright infringement are unavailable?

When a patent is issued for an object,it gives its holder the exclusive right to produce,sell,and use the object of the patent for ________ years from the date of application.

Easement Dispute.Sally buys a house from Bob that borders on a lake.Her deed gives her the most complete estate a person may have.She is in her bathing suit sunning one day when her neighbor,Fred,cuts through her yard.Sally tells him not to do that anymore.Fred informs her that he had previously purchased and properly recorded a right to cut across her yard to get lake access.Sally asks you what she should do to try to get rid of Fred because she doesn't like his cutting through her yard when she is sunning.What is the type of right that Fred is exercising by cutting through the yard called?

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 because Tina did not sign any document turning over title.Becca sues.Which of the following describes the type of gift at issue?

Ownership of real property includes the mineral rights below the land but not the airspace above the land.

A ________ is the most complete estate a person may have.

Tangible property includes:

Land and everything permanently attached to it are known as ________ property.

The term ________ refers to the overall appearance and image of a product.

When a patent is issued for an object,it gives the holder the exclusive right to produce,sell,and use the object of the patent for the life of the holder plus 70 years.

Which of the following is a correct statement regarding lost property?

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 true regarding Jill's claim that she was engaged in fair use?

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 Becca could not have validly accepted the ring?

Easement Dispute.Sally buys a house from Bob that borders on a lake.Her deed gives her the most complete estate a person may have.She is in her bathing suit sunning one day when her neighbor,Fred,cuts through her yard.Sally tells him not to do that anymore.Fred informs her that he had previously purchased and properly recorded a right to cut across her yard to get lake access.Sally asks you what she should do to try to get rid of Fred because she doesn't like his cutting through her yard when she is sunning.What is the best advice you can give Sally regarding getting rid of Fred?

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 is true regarding rightful ownership of the lottery money?