Intellectual Property-But What If...

A toy company called FunTimes invented and sold creative construction toys for young girls to encourage girls' interest in science and engineering. Each toy sold included both a book and a construction kit. FunTimes registered its trademark associated with the brand, and FunTimes also received a patent on its construction kits. To advertise their toys, FunTimes created a commercial that was a parody of the Beastie Boys' 1986 song, "Girls." For example, the song's original misogynistic lyrics like "Girls - to do the dishes" were changed to "Girls - to build the spaceship."Lawyers for the Beastie Boys claimed that the FunTimes commercial violated copyright laws. FunTimes stopped running the commercial.

But what if the facts of the case were different?Select each set of facts below that could change the resolution of the case.

Check All That Apply

1.FunTimes is a nonprofit company that created the commercial with the parody of the Beastie Boys' song to simply encourage girls' interest in science and engineering and was not associated with the advertisement of any product.FunTimes is a nonprofit company that created the commercial with the parody of the Beastie Boys' song to simply encourage girls' interest in science and engineering and was not associated with the advertisement of any product.

2.FunTimes is a nonprofit company that created a commercial that included the original Beastie Boys' song, "Girls."FunTimes is a nonprofit company that created a commercial that included the original Beastie Boys' song, "Girls."

3.FunTimes wanted to assert its patent against the Beastie Boys to force the Beastie Boys to allow FunTimes to use the parody of the Beastie Boys' song.FunTimes wanted to assert its patent against the Beastie Boys to force the Beastie Boys to allow FunTimes to use the parody of the Beastie Boys' song.

4.The Beastie Boys repeatedly posted the FunTimes trademark on the Beastie Boys website, along with a running commentary about the legal dispute with FunTimes. Near the FunTimes trademark was a link to purchase the Beastie Boys' original version of "Girls."The Beastie Boys repeatedly posted the FunTimes trademark on the Beastie Boys website, along with a running commentary about the legal dispute with FunTimes. Near the FunTimes trademark was a link to purchase the Beastie Boys' original version of "Girls."