BUL 4310 EXAM 3 COMPREHENSIVE EXAM QUESTIONS
WITH DETAILED VERIFIED AND 100% ACCURATE
ANSWERS BRAND NEW EXAM ALREADY GRADED (A+
PASS)
Pick the true statement. Ans✓✓✓ 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? Ans✓✓✓ He must refile his trademark within a
year
Which of the following is an example of a trademark? Ans✓✓✓ 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?
Ans✓✓✓ 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? Ans✓✓✓ merely descriptive words of the product
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? Ans✓✓✓ 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 Ans✓✓✓ 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? Ans✓✓✓ all
of the above. patents, copyrights, trademarks, and trade secrets
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? Ans✓✓✓ 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. Ans✓✓✓ 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?
Ans✓✓✓ 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? Ans✓✓✓ 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: Ans✓✓✓ 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
WITH DETAILED VERIFIED AND 100% ACCURATE
ANSWERS BRAND NEW EXAM ALREADY GRADED (A+
PASS)
Pick the true statement. Ans✓✓✓ 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? Ans✓✓✓ He must refile his trademark within a
year
Which of the following is an example of a trademark? Ans✓✓✓ 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?
Ans✓✓✓ 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? Ans✓✓✓ merely descriptive words of the product
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? Ans✓✓✓ 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 Ans✓✓✓ 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? Ans✓✓✓ all
of the above. patents, copyrights, trademarks, and trade secrets
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? Ans✓✓✓ 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. Ans✓✓✓ 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?
Ans✓✓✓ 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? Ans✓✓✓ 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: Ans✓✓✓ 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
