OWNERSHIP RIGHTS QUESTIONS WITH
100% CORRECT ANSWERS [ GRADED A
+]
First Possession - ✔✔Claiming ownership of unowned resources first.
Discovery - ✔✔Finding unclaimed resources for ownership.
Creation - ✔✔Generating new information or resources for ownership.
Accession - ✔✔Claiming ownership of related subordinate resources.
©morren2024/2025.Year published 2025.
,Rule of Capture - ✔✔First person to possess unowned thing owns it.
Pierson v. Post - ✔✔Case establishing ownership of wild animals.
Keeble - ✔✔Interference with possession by non-competitor is actionable.
Efficiency Argument - ✔✔Legal rules should promote economic productivity.
Fairness Argument - ✔✔Legal outcomes should reflect fairness and justice.
Administrability Argument - ✔✔Simplicity of legal rule administration is key.
Ghen v. Rich - ✔✔Custom may dictate ownership in ambiguous capture cases.
©morren2024/2025.Year published 2025.
,Popov - ✔✔Possession varies by asset and context.
Oil and Gas Ownership - ✔✔Subject to rule of capture under common law.
Nonrival Good - ✔✔Use by one does not diminish use by another.
Intellectual Property - ✔✔Rights to control use of created information.
Copyright - ✔✔Protects original works fixed in tangible medium.
Feist Publications - ✔✔Facts are not copyrightable; organization may be.
Patent - ✔✔Exclusive rights for new useful inventions.
Diamond v. Chakrabarty - ✔✔Naturally occurring things cannot be patented.
©morren2024/2025.Year published 2025.
, Trademark - ✔✔Protects identifiers of products or services.
Qualitex - ✔✔Color can be trademarkable with secondary meaning.
Lanham Act - ✔✔Federal law regulating trademarks and preventing confusion.
Nominative Use - ✔✔Using another's trademark for identification under
conditions.
Accession Doctrine - ✔✔Ownership assigned based on prominent relationships.
Armory v. Delamarie - ✔✔Finder has title against all but true owner.
Clark v. Maloney - ✔✔Earlier converter has title against later converters.
©morren2024/2025.Year published 2025.