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Business
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Dynamic Business Law
Quiz 12: Intellectual Property
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Question 61
Essay
What must a party show in order to succeed on a claim of trade-dress infringement?
Question 62
Essay
Marcy is unhappy because a play she wrote and has a copyright on has been placed on the Internet.She hears that you are taking business law and asks what she can do in remedying the situation and suing Internet service providers.What would you tell her? Reference the federal law involved and its pertinent provisions.
Question 63
Multiple Choice
Which of the following describes the agreement between Marcy and Frank?
Question 64
Essay
Ellen,who runs a successful nail salon,ran across a very interesting pamphlet on customer relations.The pamphlet was fifty pages long and cost $70.00.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 twenty employees.A disgruntled employee informed the publisher of the pamphlet what Ellen had done,and she was charged with copyright infringement.Ellen defended on the basis of the fair use doctrine.Discuss the four factors a court would consider in determining whether a violation occurred and whether you think Ellen would prevail.
Question 65
Essay
Identify where a trademark is registered,what one should do when requesting registration,and what the governmental office involved would then do.Identify circumstances under which a trademark will not be accepted for registration.