BUL 4310 EXAM 3 QUESTIONS & ANSWERS
Pick the true statement. - Answer -Fact Pattern: The day before her class is to discuss
a particular poet, Ms. Cohen, a 10th grade English teacher, runs across a scholarly,
300-pages copyrighted book from 1995 that deals extensively with that poet and other
poets from his era. She distributes to each student in her class (120 students in five
different class periods) three pages copied from that book. Statement: Ms. Cohen is not
violating intellectual property law.
Mark is the holder of the trademark for "Cramming Corner" a company that specializes
in assisting students in their college classes and has held for the trademark for nine
years. He is now worried about the future of his trademark and wants to know if as any
recourse to keep his trademark active. As his good friend that has studies business law
what would you tell him? - Answer -He must refile his trademark within a year
Which of the following is an example of a trademark? - Answer -both "Nike swoosh"
and "a Florida Gator logo"
Derrick and Brendan started "Tutoring Gators" a tutoring company located in
Gainesville, Florida in 2011 and Derrick filed for a trademark on the company name in
January of that year. Brendan decided to leave and start his own tutoring company, but
has not had the same amount of success due to the lack of brand recognition. Derrick is
worried that Brendan will try claiming the name Tutoring Gator for his tutoring company.
What should Derrick do to make sure he cannot do so? - Answer -Derrick should
reapply for the trademark before the trademark lapses in January 2021
Which type of words will provide the least protections when trying to trademark them? -
Answer -merely descriptive words of the product
Bill Gator, a UF student and son of a Bull Gator, thinks he has invented a new and
unique way to keep any beverage cold on a hot Gator Game Day. Bill learned about
patents when he took BUL4310 and as soon as he thought up his idea in October 2008
he applied for a patent through the proper channels. Sadly for Bill, Sally Gator had the
same idea during October of the 2007 season. Sally did not apply for a patent until after
she learned of Bill's application, but Sally did produce a working prototype in 2007. Sally
has dozens of witnesses and photographs of her and her invention during the 2007
tailgating season and even sold a few prototypes to friends. Now that both have applied
for patents, what should the correct outcome be? - Answer -Sally should be awarded
the patent because she invented it first and was diligent in reducing the invention to
practice because she made her working prototypes.
Pick the false statement. - Answer -Fact Pattern: Bucky Barter purchases 500 copies of
April Author's new novel for his book-selling business, Barter's Books. Instead of
reselling the books like Bucky usually does, he realizes that photocopying individual
,pages and selling these pages is much more profitable. Statement: April Author would
not win an infringement of intellectual property suit against Bucky Barter.
Emily is a wine maker in California who has just produced some sparkling wine and
wants to know if she could market it as champagne, which is a Geographic Origin
Indicated ("GOI") product according to the TRIPs agreement. As her lawyer what would
your advice to her be? - Answer -She would not be able to market he wine as
champagne because it was not produced in Champagne.
Suppose that the television show, Saturday Night Live, does a skit making fun of people
that look surprisingly like the Jonas Brothers, who are currently on tour. Further
suppose that these fake Jonas Brothers are seen engaging in ridiculous behavior that is
completely opposite of what one would expect from such young, wholesome performers
as the Jonas Brothers and that - as the skit goes on - the likelihood that these are really
the Jonas Brothers becomes hard for any adult viewer to believe. Further suppose that
after that episode aired, the Jonas Brothers' concert ticket sales plummeted. The Jonas
Brothers are certain that the Saturday Night Live episode is to blame, so they sue
Saturday Night Live. What is the most likely outcome? - Answer -Saturday Night Live
will win because the show (1) is allowed to parody, and (2) never said the people in the
skit were actually the Jonas Brothers.
Choose the true statement: - Answer -James is an inventor who likes dealing with
electronics. Recently, with some inspirational application of ideas associated with
various new, cutting-edge technologies, James has invented a multi-functional TV
remote control that can turn on his TV, turn on all of the lights in his living room, and
turn on his back and foot massager. True or False: James appears to have satisfied all
three elements needed to obtain a utility patent.
Hartley decides to no longer try and steal Derrick's trademark, but instead renames his
business by combining tutoring and studying, to come up with "Studyoring" and files for
a trademark in January 2021. To his surprise the business takes off and opens up
hundreds of locations across the nation. Five years later, Hartley faces fierce
competition, with five other tutoring services being offered across the nation. Most
college kids refer to these type of services as studyoring services and that term has
become a part of the dialect of the next generation. Can Hartley reapply for a
trademark? - Answer -No. Hartley unfortunately has fallen victim of genericide and has
consequently has lost trademark rights
Georgia, a UF Student, takes a trip to New York City with friends for spring break. While
in the "big city" Georgia wants to get her 6-year-old sister the hottest new toy for her
upcoming 7th birthday. Georgia spends a whole day searching for the "Sweet Baby
Craig Doll" but finds most stores sold out and the few stores with the doll in stock are
charging $500, which is 5 times the normal retail price. A man approaches Georgia as
she leaves a store and offers to sell her a "Sweet Baby Craig Doll" for $25 cash. The
man tells Georgia the doll is authentic. The man shows Georgia the doll and it looks
identical to the dolls she has been shopping for and even comes in packaging that looks
,identical to the dolls in the store. Georgia buys the doll and gives it to her sister, not
realizing the doll was actually a very poorly made counterfeit product. Which of the
following is least likely to be a cause of action flowing from - Answer -moral rights
violation
Sam Student is graduating in May and is applying to law school. Ever since his
BUL4310 course, Sam has been interested in specializing in Intellectual Property and
Sam writes as much in his personal statement during the application process. Which of
the following areas will Sam study in depth if he chooses to pursue this specialization? -
Answer -all of the above. patents, copyrights, trademarks, and trade secrets
A YouTuber by the name of Pake Jaul decides he is going to make a video in
Wellington, FL. The name of the video is "CRAZY vacation in Wellington!" Many
consumers believe that the video is shot in Wellington, New Zealand and are frustrated.
Could this constitute as a misleading label? - Answer -Yes. Under TRIPS Article 22 this
does classify as a misleading label.
Brutus Buckeye just developed a wonderful new tattooing method where one can
convert gold-plated panels into a whole sleeve of custom ink. If he wants protection for
his invention, but also wants others to be able to expand upon his invention, what is
Brutus's best choice of intellectual property protection? - Answer -patent
Gilda invented the world's first teleportation device. She immediately patented it. Other
inventors quickly became jealous and wanted to make one too. Tom, one of the jealous
people, decides to buy one, copy the design, and sell it for his own profit. What type of
infringement is this? - Answer -direct
Larissa, an elementary school teacher, thinks she found an amazing video to teach her
students about biology. As she is looking up the video, Larissa sees that there is a
copyright on the video. Larissa also knows that the copyright holder does not like
elementary school teachers and disapproves of any showing of his video unless there is
first a performance payment. Can Larissa show the video? - Answer -yes, because fair
use allows her to show it
Ralph, an aspiring small business owner, comes up with the best business idea. He is
going to sell his state of the art invention that allows people to make coffee wherever
they go. Then he comes up with an even more amazing name, "Chopendul." What sort
of protection should Ralph use to stop people from stealing the name? - Answer -
trademark
Justin is inspired to write a song that he is convinced will be the most amazing summer
hit. He wants to make sure the competition does not steal his work. What law can Justin
use to protect his work? - Answer -copyright
Penny Van Gogh owns and designs wall décor for a local printing manufacturer. He
decides to design a picture of a star-filled night sky with the phrase "Reach for the
, Stars" across the bottom. Once in stores, the picture begins flying off the shelves. A
local card making company, Cards à la Carte, has been using the phrase "Reach to a
Star" on one of its most popular cards showing a night scene of a child gazing upward
at a sole, sparkling star. When the card company's officers learn about the sales of the
Van Gogh picture, they threaten to file a suit against Van Gogh claiming that the Cards
à la Carte card, including its phrase, is protected by copyright. What would be the best
choice for Van Gogh to continue to make money but avoid a lawsuit? - Answer -
Continue to sell the card; Van Gogh should hire a lawyer to respond to Cards à la Carte
and to ascertain what he should do to protect his designs.
Which of the following are true?
i. A copyright is a negative right.
ii. Trademarks are the hardest forms of intellectual property to obtain.
iii. Fair use is an exception to copyright infringement liability. iv. Trade dress is protected
under the Lanham Act. - Answer -iii & iv
Pick the true statement. - Answer -Fact Pattern: After years of hard work, Jimmy has
finally invented the world's first fully functional time machine, which he calls "The Time
Drifter 9000." Statement: Because this machine is useful, new, and non-obvious, Jimmy
can obtain a utility patent.
Emma has been working on a book, audiobook, and video about the application of
chemical equations. Emma can obtain a ________. - Answer -Copyright for the book,
the audiobook, and video
Ralph, an avid golfer, created a device which he named Putt Projector. When clipped
onto the putter, the Putt Projector automatically illustrates the projected path of a putt.
This new product has immensely helped Ralph and his golfing buddies with their
putting. What type(s) of intellectual property protection should Ralph attempt to attain for
his product? - Answer -A trademark for the name of the product and a patent for the
device itself.
Sara wishes to patent an invention, which consists of a computer programmed to
control an already known type of three-dimensional printing to make various objects out
of designs submitted by customers through a new online program. This invention will be
patentable if: - Answer -Sara claims her invention as a computer programmed to carry
out the process and
her invention's novelty lie in a technical area.
What happens once a patent expires? - Answer -the invention is dedicated to the public
In July, a new restaurant called Hamburgerz opened up in Gainesville. The restaurant
features the exact same décor as the McDonalds right next door. McDonalds catches
wind of this, and decides to sue Hamburgerz. What will most likely happen? - Answer -
Hamburgerz will be held liable under the Lanham Act for violating trade dress
Pick the true statement. - Answer -Fact Pattern: The day before her class is to discuss
a particular poet, Ms. Cohen, a 10th grade English teacher, runs across a scholarly,
300-pages copyrighted book from 1995 that deals extensively with that poet and other
poets from his era. She distributes to each student in her class (120 students in five
different class periods) three pages copied from that book. Statement: Ms. Cohen is not
violating intellectual property law.
Mark is the holder of the trademark for "Cramming Corner" a company that specializes
in assisting students in their college classes and has held for the trademark for nine
years. He is now worried about the future of his trademark and wants to know if as any
recourse to keep his trademark active. As his good friend that has studies business law
what would you tell him? - Answer -He must refile his trademark within a year
Which of the following is an example of a trademark? - Answer -both "Nike swoosh"
and "a Florida Gator logo"
Derrick and Brendan started "Tutoring Gators" a tutoring company located in
Gainesville, Florida in 2011 and Derrick filed for a trademark on the company name in
January of that year. Brendan decided to leave and start his own tutoring company, but
has not had the same amount of success due to the lack of brand recognition. Derrick is
worried that Brendan will try claiming the name Tutoring Gator for his tutoring company.
What should Derrick do to make sure he cannot do so? - Answer -Derrick should
reapply for the trademark before the trademark lapses in January 2021
Which type of words will provide the least protections when trying to trademark them? -
Answer -merely descriptive words of the product
Bill Gator, a UF student and son of a Bull Gator, thinks he has invented a new and
unique way to keep any beverage cold on a hot Gator Game Day. Bill learned about
patents when he took BUL4310 and as soon as he thought up his idea in October 2008
he applied for a patent through the proper channels. Sadly for Bill, Sally Gator had the
same idea during October of the 2007 season. Sally did not apply for a patent until after
she learned of Bill's application, but Sally did produce a working prototype in 2007. Sally
has dozens of witnesses and photographs of her and her invention during the 2007
tailgating season and even sold a few prototypes to friends. Now that both have applied
for patents, what should the correct outcome be? - Answer -Sally should be awarded
the patent because she invented it first and was diligent in reducing the invention to
practice because she made her working prototypes.
Pick the false statement. - Answer -Fact Pattern: Bucky Barter purchases 500 copies of
April Author's new novel for his book-selling business, Barter's Books. Instead of
reselling the books like Bucky usually does, he realizes that photocopying individual
,pages and selling these pages is much more profitable. Statement: April Author would
not win an infringement of intellectual property suit against Bucky Barter.
Emily is a wine maker in California who has just produced some sparkling wine and
wants to know if she could market it as champagne, which is a Geographic Origin
Indicated ("GOI") product according to the TRIPs agreement. As her lawyer what would
your advice to her be? - Answer -She would not be able to market he wine as
champagne because it was not produced in Champagne.
Suppose that the television show, Saturday Night Live, does a skit making fun of people
that look surprisingly like the Jonas Brothers, who are currently on tour. Further
suppose that these fake Jonas Brothers are seen engaging in ridiculous behavior that is
completely opposite of what one would expect from such young, wholesome performers
as the Jonas Brothers and that - as the skit goes on - the likelihood that these are really
the Jonas Brothers becomes hard for any adult viewer to believe. Further suppose that
after that episode aired, the Jonas Brothers' concert ticket sales plummeted. The Jonas
Brothers are certain that the Saturday Night Live episode is to blame, so they sue
Saturday Night Live. What is the most likely outcome? - Answer -Saturday Night Live
will win because the show (1) is allowed to parody, and (2) never said the people in the
skit were actually the Jonas Brothers.
Choose the true statement: - Answer -James is an inventor who likes dealing with
electronics. Recently, with some inspirational application of ideas associated with
various new, cutting-edge technologies, James has invented a multi-functional TV
remote control that can turn on his TV, turn on all of the lights in his living room, and
turn on his back and foot massager. True or False: James appears to have satisfied all
three elements needed to obtain a utility patent.
Hartley decides to no longer try and steal Derrick's trademark, but instead renames his
business by combining tutoring and studying, to come up with "Studyoring" and files for
a trademark in January 2021. To his surprise the business takes off and opens up
hundreds of locations across the nation. Five years later, Hartley faces fierce
competition, with five other tutoring services being offered across the nation. Most
college kids refer to these type of services as studyoring services and that term has
become a part of the dialect of the next generation. Can Hartley reapply for a
trademark? - Answer -No. Hartley unfortunately has fallen victim of genericide and has
consequently has lost trademark rights
Georgia, a UF Student, takes a trip to New York City with friends for spring break. While
in the "big city" Georgia wants to get her 6-year-old sister the hottest new toy for her
upcoming 7th birthday. Georgia spends a whole day searching for the "Sweet Baby
Craig Doll" but finds most stores sold out and the few stores with the doll in stock are
charging $500, which is 5 times the normal retail price. A man approaches Georgia as
she leaves a store and offers to sell her a "Sweet Baby Craig Doll" for $25 cash. The
man tells Georgia the doll is authentic. The man shows Georgia the doll and it looks
identical to the dolls she has been shopping for and even comes in packaging that looks
,identical to the dolls in the store. Georgia buys the doll and gives it to her sister, not
realizing the doll was actually a very poorly made counterfeit product. Which of the
following is least likely to be a cause of action flowing from - Answer -moral rights
violation
Sam Student is graduating in May and is applying to law school. Ever since his
BUL4310 course, Sam has been interested in specializing in Intellectual Property and
Sam writes as much in his personal statement during the application process. Which of
the following areas will Sam study in depth if he chooses to pursue this specialization? -
Answer -all of the above. patents, copyrights, trademarks, and trade secrets
A YouTuber by the name of Pake Jaul decides he is going to make a video in
Wellington, FL. The name of the video is "CRAZY vacation in Wellington!" Many
consumers believe that the video is shot in Wellington, New Zealand and are frustrated.
Could this constitute as a misleading label? - Answer -Yes. Under TRIPS Article 22 this
does classify as a misleading label.
Brutus Buckeye just developed a wonderful new tattooing method where one can
convert gold-plated panels into a whole sleeve of custom ink. If he wants protection for
his invention, but also wants others to be able to expand upon his invention, what is
Brutus's best choice of intellectual property protection? - Answer -patent
Gilda invented the world's first teleportation device. She immediately patented it. Other
inventors quickly became jealous and wanted to make one too. Tom, one of the jealous
people, decides to buy one, copy the design, and sell it for his own profit. What type of
infringement is this? - Answer -direct
Larissa, an elementary school teacher, thinks she found an amazing video to teach her
students about biology. As she is looking up the video, Larissa sees that there is a
copyright on the video. Larissa also knows that the copyright holder does not like
elementary school teachers and disapproves of any showing of his video unless there is
first a performance payment. Can Larissa show the video? - Answer -yes, because fair
use allows her to show it
Ralph, an aspiring small business owner, comes up with the best business idea. He is
going to sell his state of the art invention that allows people to make coffee wherever
they go. Then he comes up with an even more amazing name, "Chopendul." What sort
of protection should Ralph use to stop people from stealing the name? - Answer -
trademark
Justin is inspired to write a song that he is convinced will be the most amazing summer
hit. He wants to make sure the competition does not steal his work. What law can Justin
use to protect his work? - Answer -copyright
Penny Van Gogh owns and designs wall décor for a local printing manufacturer. He
decides to design a picture of a star-filled night sky with the phrase "Reach for the
, Stars" across the bottom. Once in stores, the picture begins flying off the shelves. A
local card making company, Cards à la Carte, has been using the phrase "Reach to a
Star" on one of its most popular cards showing a night scene of a child gazing upward
at a sole, sparkling star. When the card company's officers learn about the sales of the
Van Gogh picture, they threaten to file a suit against Van Gogh claiming that the Cards
à la Carte card, including its phrase, is protected by copyright. What would be the best
choice for Van Gogh to continue to make money but avoid a lawsuit? - Answer -
Continue to sell the card; Van Gogh should hire a lawyer to respond to Cards à la Carte
and to ascertain what he should do to protect his designs.
Which of the following are true?
i. A copyright is a negative right.
ii. Trademarks are the hardest forms of intellectual property to obtain.
iii. Fair use is an exception to copyright infringement liability. iv. Trade dress is protected
under the Lanham Act. - Answer -iii & iv
Pick the true statement. - Answer -Fact Pattern: After years of hard work, Jimmy has
finally invented the world's first fully functional time machine, which he calls "The Time
Drifter 9000." Statement: Because this machine is useful, new, and non-obvious, Jimmy
can obtain a utility patent.
Emma has been working on a book, audiobook, and video about the application of
chemical equations. Emma can obtain a ________. - Answer -Copyright for the book,
the audiobook, and video
Ralph, an avid golfer, created a device which he named Putt Projector. When clipped
onto the putter, the Putt Projector automatically illustrates the projected path of a putt.
This new product has immensely helped Ralph and his golfing buddies with their
putting. What type(s) of intellectual property protection should Ralph attempt to attain for
his product? - Answer -A trademark for the name of the product and a patent for the
device itself.
Sara wishes to patent an invention, which consists of a computer programmed to
control an already known type of three-dimensional printing to make various objects out
of designs submitted by customers through a new online program. This invention will be
patentable if: - Answer -Sara claims her invention as a computer programmed to carry
out the process and
her invention's novelty lie in a technical area.
What happens once a patent expires? - Answer -the invention is dedicated to the public
In July, a new restaurant called Hamburgerz opened up in Gainesville. The restaurant
features the exact same décor as the McDonalds right next door. McDonalds catches
wind of this, and decides to sue Hamburgerz. What will most likely happen? - Answer -
Hamburgerz will be held liable under the Lanham Act for violating trade dress
