12–39
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48.
(p. 300)
Which of the following was developed by the United Nations as an alternative for
countries who wanted to participate in some form of multilateral protection of copyrights, but did
not want to agree to the terms of the Berne Convention?
49.
(p. 300)
Which of the following is a principle of The Paris Convention of 1883?
50.
(p. 295)
Which of the following is true regarding the No Electronic Theft Act?
51.
(p. 285)
Which of the following is true regarding Joshua’s claim of trademark infringement
involving the color of the bandana?
52.
(p. 287)
Which of the following is true regarding Joshua’s claim that the name Sandy chose
violates his trademark protection?
53.
(p. 287)
To what concept is the issue of whether Joshua intends to expand into the area of dog
grooming product sales relevant in a consideration of trademark infringement?
54.
(p. 287)
What is the effect of Sandy’s claim that actual confusion among consumers did not
exist?
55.
(p. 290)
Which of the following is correct regarding Jill’s claim that photographs are not subject to
copyright protection?
56.
(p. 290)
Which of the following is correct regarding Jill’s claim regarding copyright protection on a
photograph only extending for a maximum of two years?
57.
(p. 290)
Which of the following is correct regarding Jill’s statement pertaining to damages?
58.
(p. 290)
If Bobby decides to register the photographs for copyright protection, how would he go
about doing so?
59.
(p. 296)
Marcy’s agreement with Jenny allowing Jenny to sell the mask is referred to as which of
following?
60.
(p. 296)
Payments that Marcy would receive from Jenny for the sale of the mask are referred to as
which of the following?
61.
(p. 296)
Which of the following describes the agreement between Marcy and Frank?
62.
(p. 285)
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.
63.
(p. 296)
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.
64.
(p. 288)
What must a party show in order to succeed on a claim of trade-dress infringement?
65.
(p. 293)
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.
66.
(p. 296)
What four criteria must be satisfied in order to obtain a patent on a product, process,
invention, or machine?