BA301 Study Questions Chapter 5 Intellectual Property and Internet Law Fred desi

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BA301 Study Questions Chapter 5 Intellectual Property and Internet Law Fred designed a study aid which when loaded with a recording of a class lecture. If held clo one's head the device would transfer all information into long term memory. This item was useful, harmless, and very unique. He called it Brite-Lite. It also had a unique shape which allowed it to be held securely in one's hand. This item was so unique that in allowed it to be held securely in one's hand. This item was so unique that not only was it an instant commercial success, but as there was nothing like i, people called the idea of studying with such an aid "brite-liting" On the package was a design integrating the l with such an aid "brite-liting". On the package was a design integrating the letters "b" and"" with an exclamation point (bl!). Ralf, an entrepreneur who specialized in making items similar to ones already on the market, began producing an item similar to Fred's. Ralf called is "Bright-Light" and also developed some unique software called "Bright-Light Plus". He marketed both through magazines in which Fred marketed his items I. The name "Brite-Lite" is patentable 2. The shape may be trademarkable as well as design patentable 3. The item itself is likely patentable Brite-ie"might be subject to abandonment 5. The logo (bl!) is a trade-secret. 6. f Ralf is infringing Fred's intellectual property rights, it is likely based on trade-confusion 7. "Bright-Light Plus" is clearly copyrightable by Ralf 8. If Ralf thought of the item and logo independently of Fred and Fred had only common law protection, and if neither person knew about the other's product, they both would have intellectual property right protection. With formal intellectual property right protection comes "constructive notice" as well as actual notice One cannot patent uniquely derived plants. t is more difficult to get a copyright than it is to get a patent Both patent rights and copyright rights expire afier a definite amount of time 10. 12. 13. It is ilegal to sing the "Birthday Song" at any birthday party without the express permission of the copyright holder(s) Trade dress includes unique packaging shapes and other visual properties. To get any kind of copyright protection, one must formally apply for copyright protection The determination as to trade confusion is based upon whether or not consumers would be mistaken as to the source of the product, that is, confused as to what company produced the item 14. 15. 16. 17. Jake made up and registered the domain "kokakola" and offered to sell it to Cola-Cola for S25,000. Coke did not buy, but brought a lawsuit against Jake for "cybersquatting". Coke, if successful, could likely obtain statutory damages for as much as $100,000 under the ACPA 18. "Metatagging"; the increase likelihood of search engine "hits" through use of another company's trademark is never legal 19. In an action in trademark dilution, trade confusion must be proved by the plaintiff 20. Patent searches are not possible with current computer technology

Explanation / Answer

1. T, 2.T, 3-F, 4-F, 5-F, 6-F, 7- F, 8-F, 9-T, 10-T, 11-T, 12-T, 13-F,14-T, 15-T,16-T, 17- T, 18-F, 19-T, 20-F, 21-T, 22-T, 24-T, 25-T, 26- F, 27-F, 28-F,29-T, 30- F,31-T, 32. T, 33-T

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