Questions and Answers of Intellectual Property

Your firm’s client, Vision Corp. (“Vision”), owns numerous luxury hotels in the western region of the United States. These hotels have lushly landscaped gardens, gift and retail shops, golf
Indicate whether the following items would be protectable as trademarks, copyright, patents, or trade secrets:• A new composition by singer John Mayer• A book by former Secretary of State George
Merck & Co., Inc., applied for a patent on September 14, 1989, for a drug to treat manic depression, and the patent was granted on January 1, 1991. How long does patent protection for this drug last?
Assume that Merck has filed a trademark application for the name of its new drug. How long will trademark protection for this mark last?
The novel Red Badge of Courage was written in 1895 by author Stephen Crane (1871–1900). Can a play based on the novel be written by a playwright? Why or why not?
In what way do “knock-off” handbags designed to look like legitimate handbags pose a threat to designers and makers of handbags?
Access the Web site of the USPTO.a. Who is the current Under Secretary of Commerce for Intellectual Property and Director of the USPTO?b. Review the glossary. What is the definition of
Access the Web site of the Copyright Office.a. What is the telephone number of the Copyright Office?b. Review the FAQs. How is copyright different from patents or trademarks?c. Review the fee
Vision is considering offering a variety of new products in its hotel gift shops and would like to seek trademark registration for the marks under which the goods and services will be offered. Some
Classify the following marks as trademarks, service marks, collective marks, or certification marks:• AMERICAN BAR ASSOCIATION (to indicate membership in registrant’s organization)• 409 (for
Could a bright yellow color be trademarked for road safety signs?
Could the shape of a guitar be trademarked when the shape enhances the sound produced by the guitar? Discuss.
Ron Nelson is opening a clothing store in Denver. He recently sold and shipped one men’s shirt to his brother in New York. Is this use sufficient to support an application for federal trademark
What is the danger of consumers saying, “We should Google that to find out more information”?
Discuss whether a person could likely obtain a federal trademark registration for the following marks for the goods or services indicated, and discuss the objections, if any, that the USPTO might
Access the USPTO Web site and select “Trademarks” and then “Check Status.” Check the status of the various federal trademark registrations and answer the questions.a. Check Reg. No. 2328375.
Vision has decided to introduce a variety of new services and products, each of which will bear a different trademark or service mark. One mark is VISION CHALLENGE: GOLF PROS, which will be used for
Assume that a client intends to use the mark SUPERSAVE SPRING for a month-long sales promotion for its grocery store in Dayton. Discuss the kind of search that should be conducted.
Assume that SUPERSAVE SPRING will be used for a month-long sales promotion for a chain of grocery stores across the nation. Discuss the kind of search that should be conducted.
Assume that a client wishes to use the mark SPA LOTION for a skin moisturizer. A search of the USPTO records discloses that a previous registration for SPA LOTION for hand cream has expired. Discuss
If a client wishes to use the mark SPA LOTION for skin moisturizer and discovers the marks SUN LOTION, LOTION AID, and GLOW LOTION for related goods, what does this suggest?
If a search of the USPTO records for SPA LOTION discloses a reference for SPA TREATMENT LOTION for moisturizers, what should the client do?
Assume a client wishes to use the mark PEU DE TAVERNE for restaurant and café services. Use “Babelfish” and translate the mark, and then indicate what likely objection the USPTO would make to an
Access the USPTO Web site and use the Structured Form. Insert “Cube” into one field and select “Non-Punctuated Word Mark.” Then insert “Target” into the other field and select “Owner
Vision has operated well-known gift and souvenir shops called Treasure Trove in its hotels for several years. The shops offer a variety of hats, T-shirts, mugs, and toys that display the mark CLUB
Would an identification of “leather goods, including handbags and belts” be acceptable to the USPTO? Discuss.
Describe the type of specimen that would support use of the following marks:OCEANA for restaurant servicesJACK & JILL for children’s booksAQUAKISS for bottled water
If an application for BRAINIAC COMPUTERS (for computer repair services) is refused registration on the basis that the mark is merely descriptive, how should the applicant respond?
Assume that a notice of allowance is issued on May 1, 2006, for a mark that is the subject of an ITU application. Discuss the deadlines applicable to the mark to ensure the application is not
Assume that a mark is published in the Official Gazette on December 15. When should a notice of opposition be filed if one intends to oppose registration of the mark?
Assume the owner of the registered mark MORNING GLOW CREAM (for skin lotion and cream) disclaimed “Cream.” Later users have applied for the marks EVENING GLOW CRÈME and SUGAR GLOW LOTION, both
Use the glossary on the USPTOs Web site and give the definition of “blackout period.”
Review the registered trademark WESTERN ENERGETIX.a. What is the “mark statement” given for this mark?b. Access the TDR system and review the signature on the application. When was the
Use the “New User” Search form on the USPTO Web site. Do you think you could file an application for the mark DE MILO for bracelets? Discuss fully. Review the Assignment Status records for the
1. Give all dates relating to maintenance for the VISIONTREK mark.2. What activities should be undertaken with regard to SUNSPA?3. Vision would like to file the Section 8 affidavit of use for its V
What is the latest possible date to file a Section 8 affidavit for a trademark registered on July 15, 2007?
Over the years, the registered trademark EGG-NOG, used for bath products, has changed in appearance to EGGNOG. Discuss whether such a change might preclude the owner from filing a Section 8 affidavit
Assume that a Section 15 affidavit of incontestability was filed for the mark PRECODA for computer software. ABC Inc. has recently alleged that the registration for PRECODA was procured through a
What are the dangers of consumers saying, “I love my Jacuzzi” or “I always play Frisbee on the weekends”? What should consumers say?
XYZ Inc. offers an extremely expensive automobile under the mark ESSARO. Last year it only sold 10 of the automobiles, and this year it has sold none. What effect does this type of use have on
LMN Inc. has granted permission to another party to use LMN’s mark in any manner it chooses. What are the dangers of such a permission, and what type of permission has been granted?
A franchisor has granted a license to a franchisee to offer hamburgers and other deli-style foods under its mark. What types of quality control provisions should a license agreement include?
Review U.S. Reg. No. 3,181,795. Locate the assignment records. When was the assignment for this mark recorded? Identify the assignor and assignee. Why was an assignment recorded?
In reviewing the Official Gazette for March 15, Vision noticed a pending application for EXPRESS ESPRESSO for ground coffee beans. One of Vision’s popular products in its gift stores is ESPRESSO
If a mark is published in the Official Gazette on July 3, and a party wishes to oppose registration of the mark, when must it do so?
Assume a registration is issued on the Principal Register on June 1, 2005. What are the time limits for petitioning to cancel the registration based on the following grounds?a. The mark has been
The trademark POLAROID® is a coined mark. In an infringement action brought by the owner of the mark, why is the mark entitled to a strong scope of protection?
Assume that the owner of POLAROID® has known of the use of a mark POLARIDE used in connection with an amusement park ride for two years. The owner of POLARIDE has recently begun offering
In a trademark infringement action, the plaintiff would like to introduce evidence that an intern in the company asked individuals who passed by the plaintiff’s office building whether they were
Discuss whether the following might constitute blurring or tarnishment. PEPSI (for pasta) OLD CROW (for bird seed) APPLE (for pornographic materials)
Use the USPTO’s glossary and give the definition for “cancellation.”
Vision, the owner of the registered trademarks VISION QUEST® for hotel services and VISION® for a variety of goods and services (and the owner of the domain name www. vision.com) recently
Ann operates a Web site in California that provides information about her gift baskets. Gift baskets cannot be ordered through the site, but the site shows pictures of the baskets and allows viewers
Dan is unhappy with the service he received from Roto-Rooter Corporation, and has established a domain name called www.rotorooterscam.com. The Web site offers critical commentary about Roto-Rooter
Your firm’s client, Marriott International, Inc. has received complaints from customers that its Web site is pornographic. In investigating the issue, Marriott discovered that several misspellings
Your firm’s client, Toys R Us, Inc., has discovered a Web site www.adultsrus.com that provides pornographic pictures. What type of action might Toys R Us bring against the operator of the site?
Your firm’s client, Bank of America, recently discovered that its customers have been receiving e-mails that display Bank of America’s trademark and logo and that inform customers that the bank
Your firm’s client King Corp. is a well-known real estate company in your locality. When King Corp. attempted to register the domain name www.King.com, it discovered that an individual in New York,
Access WIPO’s site, and review its index of UDRP Panel Decision. Locate the cases relating to individuals, specifically individuals in the entertainment industry. Locate Case D2006-0402.a. What
Access the Web site for Whois and locate information about the Web site www.paralegals.org.a. Who is the registrant?b. Who is the sponsoring registrar?c. When will the domain name expire?
Vision filed an application in the United States for its mark VACATION WITH VISION on June 19. Vision is considering opening resorts in the Czech Republic, Spain, Portugal, and France and would like
Pierre, a French citizen, filed an application in the United States based on a registration issued in France. Peter, a U.S. citizen, filed an application in the United States based on his intent to
Eamon, a citizen of Ireland, obtained a U.S. registration based on his registration in Ireland. When must Eamon use the mark in the United States?
Tim, the owner of a CTM registration, discovered that his mark was being infringed in Ireland by TechCo and prevailed in an infringement action against TechCo. Tim has recently discovered that TechCo
Flagg Winery, Inc. intends to offer two wines under the marks SAPPHIRE RESERVE and MONTEREY RED. Both wines are made in New York. Discuss whether there are any problems with the intended marks.
Suzanne, a French citizen, has obtained a French registration for APPLE GALETTE (meaning “apple wafer”) for apple desserts and wafers. Suzanne applied for registration of the mark in the United
Access WIPO’s Web site.a. Review the fees related to the Madrid Protocol. What is the fee to renew a registration (for one class)?b. When was the Madrid Protocol entered into force in China, New
Use the TMEP and locate information about the Madrid Protocol. What happens to an international registration registered under the Madrid Protocol if the corresponding U.S. registration is cancelled
Vision Inc. has decided to issue a series of children’s books based on its well-known cartoon character spokesman, Vee. Additionally, Vision employees have prepared a series of scripts for
In what way does copyright law encourage artistic expression?
Why is the term of a copyright limited to a certain period of time? Why shouldn’t authors enjoy copyright rights forever?
Sue enters her thoughts and feelings in her daily journal. She has no intent to publish this journal and intends to pass it along to her children. Is this work protected under the 1976 Copyright Act?
Are Webcasts protectable under the current Copyright Act? What language in 17 U.S.C. § 102 governs your answer?
Review “FAQs.” May the following be protected by copyright?a. Web siteb. domain namec. reciped. name of a band
Vision’s gift shops at its resorts offer originally designed jewelry, original guidebooks with maps and suggestions for touring surrounding areas, cookbooks featuring recipes from the hotel
Classify the following as likely copyrightable or not copyrightable.• The lyrics to the Macarena song• The dance steps and moves to the Macarena song• The filmed television performance of
A photographer takes a picture of the Washington Monument. The next day, another photographer takes an identical picture of the Washington Monument. Which picture is entitled to copyright protection?
A writer has written a script for a new sitcom based upon a colorful and glamorous group of housewives living in a suburb and their marriages, friendships, and relationships. Would such a script
Identify each of the following as a compilation, collection, or derivative work. • The Broadway play Spamalot based on the earlier Monty Python sketches• A chart entitled Fast Facts about U.S.
1. Use the Web site of the Copyright Office to answer the following questions.a. Review Circular 32. Is typeface or typography of a work protected under copyright law? Would a sports schedule showing
Vision allows its guests to select popular DVDs to be played in their rooms. Vision also plays music throughout its lobby and common areas and in the elevators. Vision has also purchased some artwork
The owner of your local coffee shop, Bill, has brought in some of his CDs from home, including several by Carrie Underwood, to play in the shop for the enjoyment of his customers. Have any copyright
The ABA is holding its annual convention next week and intends to play music in various conference rooms before the beginning of seminars. Have any copyright rights been violated? Discuss.
If you recently purchased a DVD of the movie The Pursuit of Happyness, may you later sell it at a garage sale? What principle governs your answer?
Given the facts in question 3, may you show the film in your home at a private party?
Given the facts in question 3, may you show the film at your local church’s annual fundraiser?
A high school drama class is rehearsing the play Cats. Is this a violation of any copyright laws? What if the high school performs the play in its auditorium and charges an admission fee? Discuss.
John, a well-known artist, does not like the way a local art museum is displaying his paintings. John believes that the lighting for the display is inappropriate to show the paintings at their best.
Given the facts in question 7, what if the museum has framed one of John’s paintings in a way that covers up his signature. Have any copyright rights been violated? Discuss.
Your cousin has hired a local DJ to play music at her wedding. Is this a public performance such that a license would be needed to play the music? Discuss.
You are driving a carpool with four people and turn the radio on in your car. Is this a public performance? Discuss. What if you drive a tour bus that charges admission to the passengers? Is this a
Access BMI’s Web site.a. Search for works by the rap artist Ludacris. How many titles are listed?b. Review “About” BMI. How many compositions does BMI represent?
Access the Copyright Office Web site. Review the materials relating to licensing.a. What is the fee to record a notice of intent to make and distribute phonorecords under 17 U.S.C. § 115?b. What is
Access ASCAP’s Web site and search for works written by Billy Joel.a. How many songs or works are identified?b. Select New York State of Mind. Has Tony Bennett ever performed this work?c. Search
Vision has asked two of its in-house marketing employees to create a jingle for a new ad campaign. There is no agreement as to who will own the copyright in the finished jingle. In 2000, Vision
Sue has purchased the John Grisham novel An Innocent Man. What copyright rights, if any, has Sue acquired when she purchased the book? What statute governs your answer?
Joanna and Kat are working together on a children’s book. Joanna is writing the story and Kat is doing the illustrations for the book. Kat’s husband has occasionally offered suggestions to Kat on
Use the facts in the preceding question. After the children’s book is published, Joanna asks Pam to compose a song about the characters in the book. Is Pam a joint author? Discuss fully.
ABC Inc. has asked its in-house computer programmers to create a program for the company that will help it track and locate documents. Who owns the copyright in the computer program? What principle
ABC Inc. has entered into a written agreement with an independent film company to produce a short film to celebrate the 100th anniversary of the company. The written agreement states that the

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