12) IP

Question 1

Qualitex Co v. Jacobson Products Co

Answer 1

F: unique green dry clearner machine pads H: ok copyright a color – distinguishes symbol w secondary meaning, and dn disturb functionality

Question 2

TM: can sue for

Answer 2

1) straight up infringement 2) tarnishment (form of dilution) 3) blurring (form of dilution)

Question 3

TM: source of law (3)

Answer 3

Lantham Act (if fed trademark) mostly: state CL (most TMs local) constitutional authority comes from ICC, but generally not a constitutional q

Question 4

trademark: “secondary meaning”

Answer 4

helps public ID the producer

Question 5

copyright: when created?

Answer 5

the moment the work is – dnh to register it (but must register before you sue)

Question 6

fair use exception: 4-part test

Answer 6

1) purpose/ch of the use 2) nature of copyrighted work 3) amount of portion used vs work as a whole 4) effect of use on market value of copyrighted work as a whole

Question 7

fair use exception: ok purposes of use (3)

Answer 7

1) criticism / parody 2) news reporting 3) education (teaching, scholarship, research)

Question 8

copyright: duration (2 kinds)

Answer 8

personal: life of copyright holder + 70 years corporate: 95 years after first publication OR 120 years after date of creation (whichever expires first)

Question 9

copyright: source of law

Answer 9

US constitution “promote the progress o science and useful arts, by securing for a limited time to authors and inventors the exclusive rights to their respective writings and disoveries” and federal statutes (Copyright Act 1976)

Question 10

copyright: exception

Answer 10

fair use exception

Question 11

patent

Answer 11

time-limited monopoly on novel, non-obv, useful invention

Question 12

Feist Publications Inc v. Rural Telephone Service Co

Answer 12

F: phone company’s listings copied H: phone book not copyrightable bc no originality, just facts, and not arranged in a particularly creative way

Question 13

F: unique green dry clearner machine pads H: ok copyright a color – distinguishes symbol w secondary meaning, and dn disturb functionality

Answer 13

Qualitex Co v. Jacobson Products Co

Question 14

TM: duration

Answer 14

forever, BUT can abandon IF: 1) intent to abandon 2) dnu in commerce for 2 yrs

Question 15

if has all requirements, then copyright holder GETS (4)

Answer 15

exclusive rights to: 1) copy 2) distribute 3) perform/display 4) make derivative works

Question 16

copyright requires (3 elements)

Answer 16

1) original 2) works of authorship 3) fixed in a tangible medium of expression

Question 17

trademark: functionality exception

Answer 17

the TM can’t inhibit competition by letting the producer control a useful product feature

Question 18

F: phone company’s listings copied H: phone book not copyrightable bc no originality, just facts, and not arranged in a particularly creative way

Answer 18

Feist Publications Inc v. Rural Telephone Serivce Co

Question 19

TM: blurring

Answer 19

mark loses association w company (no one else can make goldfish shaped crackers)

Question 20

trademark – def

Answer 20

name, symbol, or aspect of packaging that IDS the producer. owner has exclusive right to use it in connection w sale of that good or service IN THAT AREA

Question 21

F: phone company’s listings copied H: phone book not copyrightable bc no originality, just facts, and not arranged in a particularly creative way

Answer 21

Feist Publications Inc v. Rural Telephone Service Co

Question 22

TM: registration (3)

Answer 22

–must register –need to be using it in commerce, or planning to soon -can’t be too similar to someone else’s

Question 23

TM: infringement:

Answer 23

someone else is copying your TM MUST CONFUSE CUSTOMERS

Question 24

copyright: “original”

Answer 24

–can’t copyright fact/idea –originality vs labor –Feist case

Question 25

copyright: “work of authorship”

Answer 25

must have identifiable author –corporate ok –folklore not

Question 26

copyright in the digital age

Answer 26

consider if capable of substantial noninfringing uses – VCR yes, napster type software no (well it is, but marketing etc)

Question 27

3 types of intellectual property

Answer 27

1) copyright 2) trademark 3) patent

Question 28

TM: tarnishment

Answer 28

company selling inferior product (Singer vacuum cleaners–ok not sewing machine)

Question 29

Suntrust Bank v. Houghton Mifflin Co

Answer 29

F: The Wind Done Gone H: it’s a parody, so fair use exception allows fairly substantial copying (need to copy enough to make sure reader knows what you’re talking about)

Question 30

trademark: functionality: test

Answer 30

is it essential to the use or purpose of article? does it affect the cost/quality of article? such that exclusive use would put competitors at disadvantage (excluding of course the reputation-related disadvantage that always comes from TM)

Question 31

things you can patent (3)

Answer 31

1) processes 2) machines 3) compositions of amtter

Question 32

patent: source of law

Answer 32

US constitution “(“promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to ehri respective writings and discoveries” fed statutes

Question 33

copyright: “fixed in a tangible medium of expression”: exs

Answer 33

literary music drama graphic scupture audiovisual architecture