Your firm’s client, Vision Corp. (“Vision”), owns numerous luxury hotels in the western region of the United States. These hotels have lushly
Indicate whether the following items would be protectable as trademarks, copyright, patents, or trade secrets:• A new composition by singer John
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.
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?
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
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
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
Classify the following marks as trademarks, service marks, collective marks, or certification marks:• AMERICAN BAR ASSOCIATION (to indicate
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
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
Access the USPTO Web site and select “Trademarks” and then “Check Status.” Check the status of the various federal trademark registrations
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
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
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
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
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,
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
Access the USPTO Web site and use the Structured Form. Insert “Cube” into one field and select “Non-Punctuated Word Mark.” Then insert
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,
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
If an application for BRAINIAC COMPUTERS (for computer repair services) is refused registration on the basis that the mark is merely descriptive, how
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
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
Assume the owner of the registered mark MORNING GLOW CREAM (for skin lotion and cream) disclaimed “Cream.” Later users have applied for the marks
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
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
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
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
Assume that a Section 15 affidavit of incontestability was filed for the mark PRECODA for computer software. ABC Inc. has recently alleged that the
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
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
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
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.
In reviewing the Official Gazette for March 15, Vision noticed a pending application for EXPRESS ESPRESSO for ground coffee beans. One of Vision’s
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
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
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
In a trademark infringement action, the plaintiff would like to introduce evidence that an intern in the company asked individuals who passed by the
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
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
Dan is unhappy with the service he received from Roto-Rooter Corporation, and has established a domain name called www.rotorooterscam.com. The Web
Your firm’s client, Marriott International, Inc. has received complaints from customers that its Web site is pornographic. In investigating the
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
Your firm’s client, Bank of America, recently discovered that its customers have been receiving e-mails that display Bank of America’s trademark
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
Access WIPO’s site, and review its index of UDRP Panel Decision. Locate the cases relating to individuals, specifically individuals in the
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
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
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
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
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
Suzanne, a French citizen, has obtained a French registration for APPLE GALETTE (meaning “apple wafer”) for apple desserts and wafers. Suzanne
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
Use the TMEP and locate information about the Madrid Protocol. What happens to an international registration registered under the Madrid Protocol if
Vision Inc. has decided to issue a series of children’s books based on its well-known cartoon character spokesman, Vee. Additionally, Vision
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
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,
Classify the following as likely copyrightable or not copyrightable.• The lyrics to the Macarena song• The dance steps and moves to the Macarena
A photographer takes a picture of the Washington Monument. The next day, another photographer takes an identical picture of the Washington Monument.
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,
Identify each of the following as a compilation, collection, or derivative work. • The Broadway play Spamalot based on the earlier Monty Python
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
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
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 ABA is holding its annual convention next week and intends to play music in various conference rooms before the beginning of seminars. Have any
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
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
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
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?
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
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
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
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
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
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
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
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
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
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
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