Intellectual Property- The Law of Trademarks, Copyrights, Patents, and Trade Secrets 3rd Edition Deborah E. Bouchoux - Solutions

Sam and Bill are joint authors of a book relating to the Vanderbilts, although Sam did substantially more work on the book than Bill did. They had no agreement relating to dividing profits arising from the work. Sam has granted the right to a motion picture company to make a film based on the book.
Assume Sam and Bill transferred the copyright in the book to the motion picture company. Would such an agreement need to be in writing? Would Sam and Bill have any rights to the work after the transfer? Discuss.
Indicate the duration of copyright for the following:a. A novel written by Carlos in 2003b. A book of poems written by Randy and Russell in 2007c. An employee manual written by the employees of XYZ Inc. (created in 2000 and published in 2003)d. A song written by Phil, who died in January 2000 (give
Access the Web site of the Copyright Office.a. Review Circular 12. What information should appear in Space 1 of the Document Cover Sheet?b. Review Factsheet SL 4d. What is the fee for special handling of recordation of a document?c. Review Circular 9. What is the effect of a work made for hire on
Vision is in the process of preparing copyright applications for a variety of works that it will offer its guests, including maps of the locales near its hotels, a game developed for sale in the hotel gift shops, and a new advertising jingle, now entitled “InVision It” but originally entitled
Owen, an employee of ABC Inc. was hired to create a computer program for ABC Inc. Who owns the resulting computer program? What form should be used in registering the copyright for the program? May a short form be used? How should the work be described in space 1? Discuss.
Henry Young, now deceased, is the author of a book, the copyright for which was not registered during his lifetime. Henry’s sole heir, his son Steven, is preparing a copyright application for the work. Who will be identified as the author and who will be identified as the copyright claimant? What
In what way does the “rule of doubt” help copyright applicants?
Paramount Pictures Corp. intends to release its big blockbuster movie next summer and is concerned that someone in the studio may be bribed to release the movie on the Internet prior to its commercial release. What may Paramount do to protect its rights in the movie?
Betsy’s new novel will be published next month. Neither Betsy nor her publisher has yet applied for copyright registration for the book. What approach should Betsy or the publisher take to ensure a copyright registration is secured before the book is published?
Jon and James intend to sue another for infringement of their song. They would like to review the infringer’s deposit materials to compare the two versions of the song. May they review the deposit material? Discuss.
Give the form for copyright notice for the following:a. A book written in 1965b. A CD of country music songs published in 2000c. A computer program published in 2004
Access the Web site of the Copyright Office.a. Review Circular 7b. If there are two hardbound books, one on acid-free paper and one on average paper, which is the best edition?b. Review Factsheet SL 8. What short forms are available in fill-in format?c. What is the fee for copyright preregistration?
Access the Copyright Office Web sites for searching copyright records.a. Select “Books, Music, etc.” Search for items relating to Oprah Winfrey. Review Item 2, a book entitled Make the Connection. How many pages is the book? What is its registration number?b. Select “Books, Music, etc.”
Locate the current edition of the Code of Federal Regulations (use Google to locate “GPO Access”). Review 37 C.F.R. § 202.19.a. Are automated databases exempt from the deposit requirements of the Library of Congress? Give your answer and the subsection that governs your answer.b. Would a J.
Vision published a book about its founder, Victor Niles, which includes biographical information about Niles and the history of the founding of the Vision hotel chain. The book is offered for sale in Vision’s hotel gift shops. Vision has discovered that an author has published a very unflattering
Tom published his novel in January of this year and registered his copyright seven months later. May Tom elect to pursue statutory damages rather than compensatory damages for infringement that occurred between the two dates? Discuss.
Luis is the copyright owner of a novel. He authorized Dave to produce a derivative work based on the original novel, in return for which Dave pays Luis royalties based on Dave’s sales. The parties have discovered that the derivative work is being infringed. Who is a proper plaintiff in an action
Franklin Computer Software exhibited at an industry-wide trade show in Las Vegas last year, where it introduced its new software program. Franklin has discovered that Harrison Computer Software is marketing a highly similar program. In fact, a deliberate error that Franklin inserted into its
Barbara is a well-known author of a series of romance novels, featuring an English heroine, Candace, who is routinely saved from various perilous events by a strong, handsome hero. Barbara has discovered that another author, Ann, has written a book featuring an English heroine who falls in love
The owner of a shopping mall has licensed a space within the mall to Al, who is selling counterfeit copies of CDs and DVDs. Which of the parties have liability for copyright infringement? Discuss. What principle governs your answer?
An Internet blogger obtained a copy of a planned blockbuster book about Anna Nicole Smith and posted several chapters, verbatim, online. The blogger has asserted that the use was a fair use because she was providing valuable commentary about our culture of celebrity. Discuss whether such a defense
Access the Copyright Office Web site. Review Circular 21 relating to “Classroom Guidelines” and the definition of brevity.a. Would a teacher’s reproduction of a complete article of 2,000 words be permissible?b. Would a teacher’s reproduction of three charts from a book be permissible?
Access the Copyright Office Web site. Review Factsheet FL 102.a. Would the reproduction of an article in a Congressional report be a fair use of that work?b. May a library photocopy one chapter in a book to replace a damaged portion of the book and rightly claim fair use of that work?
Access Stanford’s Copyright and Fair use Web site. Review the materials relating to fair use, specifically “Measuring Fair Use.”a. What is the “de minimis defense”?b. Why were certain copyrighted photographs allowed to be displayed in the movie Seven?
Vision has recently discovered that one of its advertising commercials has been posted on YouTube without its authority or permission. Vision has sent YouTube a notice identifying its rights and demanding that YouTube remove the commercial. Vision uses a software program (designed by a third party)
Spectrum Corp. would like to register its new computer software program, which has only 40 pages of source code; however, it does not wish to deposit all of the pages with the Copyright Office because it believes that several pages include valuable trade secrets. What should it do?
Fred has purchased a new video game. He has made three backup copies for his own use and has improved the speed of the game to challenge his skill level. Discuss the permissibility of each of these actions.
Georgia owns a new version of the “Turbo Tax” software program, which she purchased at Best Buy and which came in a package with inserts labeled as “License Material.” Why can’t Georgia sell it or rent it to another under the first sale doctrine?
Helen is a professor of software engineering. In order to publish an academic paper for an upcoming conference, Helen circumvented the digital watermarks inserted into various copyrighted materials. Has Helen violated the DMCA? What if Helen circumvented the digital watermarks in order to make
Sheryl Crow has observed that one of her copyrighted music videos has been posted on YouTube without her permission. What should Ms. Crow do? Is YouTube liable for copyright infringement?
Celia and Sam are concerned about the profanity and violence in a movie they have purchased for their children’s viewing and are filtering it out. Is such a violation of the copyright owner’s right to adapt its work? Is the maker of the equipment used by Sam and Celia to delete the
What does it mean to say that protection for vessel hulls and semiconductor chips is “sui generis”?
Access the Copyright Office’s Web site.a. What is the fee assessed by the Copyright Office for one to record a designation of an agent to receive a “takedown” notice under the DMCA?b. Review the FAQs. May one copyright a Web site? What circular provides information on this topic?
Access the Web site Webopedia.a. What is the definition given for “DRM”?b. What is a “torrent”?
Access the Web site for the Recording Industry Association of America. Select “Anti- Piracy.” What is the difference between “pirate recordings” and “bootleg recordings”?
Access the U.S. Supreme Court’s Web site and locate the Grokster case issued in the 2004 term. Review the Court’s syllabus.a. How many files were shared across the peer-to-peer networks each month, as revealed by discovery?b. Did Grokster and StreamCast receive revenue from users?c. Did
Vision would like to use many of its advertising brochures and jingles in several foreign countries (all of which adhere to both the Berne Convention and the WIPO treaties). These materials have previously been used in the United States. Vision is concerned, however, because some of its recent
Robin, a U.S. citizen, has copyrighted her book in the United States. She would now like to copyright the book in Bolivia and Brazil, members of the Berne Convention. If those countries afford their nationals a copyright term of protection for the author’s life plus 50 years, what will the term
What policies might underlie the reluctance of the United States to provide full copyright protection for all databases? Discuss.
Ron is a national of the United Kingdom, which has been a Berne Convention member since before 1900. Ron distributed his book in the United States in 1985 without a copyright notice. The book has been protected by copyright in the United Kingdom. Is this book protected by U.S. copyright law?
Assume that in 1993 Cynthia began reproducing Ron’s book in the United States. In 1995, what should Ron have done with regard to Cynthia to clarify his rights in the book in the United States?
Discuss whether the “Special 301” provisions imposed by the U.S. Trade Representative are a “carrot” or a “stick” to ensure that other countries vigilantly protect IP rights.
Access the Web site of the Copyright Office.a. Review Circular 38a. Identify the copyright relations or treaties for Hong Kong.b. What is the fee to record a notice of intent for three separate books?
Access WIPO’s Web site. Review the lists of contracting states for the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty. Have the treaties entered into force for Canada and the Czech Republic? If so, provide all dates.
When did France, Germany, and Saudi Arabia become members of the Berne Convention?
Vision is renovating the grounds of one of its hotels in Los Angeles. Vision landscaping staff has managed to asexually reproduce a new type of grass that is highly resistant to various diseases and pests. Vision’s in-house design team has also designed and made various detachable fanciful
Classify each of the following as a utility, design, or plant patent.• A pen• A prosthetic hip joint• A chain for a watch• Ornamental design for a trash can• Portable trash compactor• Skin moisturizer• Method of manufacturing a golf ball• Pharmaceutical composition for controlled
Discuss what policy reasons underlie the principle that products and items that occur naturally cannot be patented.
On May 1, 2006, Nick describes his new retractable pencil on his Web site. He includes pictures and diagrams. On June 1, 2007, he files a patent application for the invention. Is the patent likely to be granted? Discuss.
Tina has been working on her newly invented silicone potholder. Tina has invited several friends to her home each week for dinner to “test out” the potholder and to make sure the invention actually works. Fifteen months after Tina invents the potholder, she files a patent application for it. Is
Maureen received a patent last year for a new type of stapler (which was always shown in painted pink metal). This year, Maureen would like to file a patent application for the stapler in painted blue metal. Does the new invention satisfy the statutory requirements for a patent? Discuss.
On July 1, 2007, Gerald filed applications for a utility patent, a design patent, and a plant patent. When will each patent expire?
Howard, a noted scientist, would like to patent the following items. Discuss whether the items are likely patentable.• A formula for improving time-release medications• An idea for improving traffic flow in urban areas• A genetically altered mouse• A mouse
Vision’s design engineers recently invented a new type of adjustable golf tee and filed one application for a patent for this invention and a new type of microwave oven to be used in the hotels’ restaurants. The microwave oven is a variation of Vision’s original microwave oven patented five
Why should a law firm never inform a client, “We have reviewed all of the relevant prior art relating to your invention”?
Discuss why courts and statutes do not impose a duty on inventors to perform a patent search prior to filing a patent application.
Why is Boolean searching usually considered more precise than non-Boolean searching?
Sarah is the inventor of a new baby crib. She is concerned that a competitor is nearing completion on a similar invention and wishes to be the first to file a patent application. What should Sarah do?
Why must Sarah fully describe her invention in her application?
What are some advantages to Sarah in filing her patent application electronically with the USPTO?
Assume that the USPTO has issued a final rejection of Sarah’s application. Sarah does not wish to appeal the rejection or institute an action in court. What should Sarah consider in order to have her application reviewed again?
Sarah’s patent application was filed on December 1, 2005, and issued on June 1, 2007. What is the term of the patent and identify Sarah’s obligations to maintain the patent in force.
One year after the patent was issued, Sarah realized that she could have stated her claims more broadly and would like to broaden the claims. What should Sarah do? During this period of time, Phil began offering a baby crib that did not infringe Sarah’s original patent claims but will infringe
Access the USPTO Web site and review the fee schedule.a. What is the fee if a utility patent application is filed electronically by a small entity?b. What is the surcharge assessed if a maintenance fee is paid late (within six months)?c. Calculate the fee to be paid by Sarah for her application for
Two engineers employed by Vision in its New Research and Engineering Group invented a new card device that will allow hotel guests to more readily and securely access their hotel rooms. One of the engineers worked in Vision’s Atlanta office and one worked in the Boston office. The Boston employee
Tim and Steven have often discussed making better watchbands. Discussions have been informal and sporadic. Last year, Tim applied for a patent for a watchband of the type he and Steven often discussed. Steven is claiming he is a joint inventor of the watchband. Discuss.
Renee and Rick are working on a new, complex invention. Any patent that results from the invention will likely have numerous claims. Work is generally performed at Rick’s house, and Rick does far more work on the invention than Renee. To ensure that each party knows what each has contributed to
Renee and Rick have received a patent for their invention. Without Renee’s knowledge, Rick licensed the invention to another. Is this permissible? Will the license be recorded with the USPTO? What are Renee’s rights? Discuss.
Harry was hired by his employer to invent a new remote control for televisions. During weekends, at home, and on his own time, Harry also invented a new type of re-sealable plastic bag. Discuss who owns the two inventions.
Nancy, an individual inventor, has decided to use the services of an invention promotion developer to help her market her invention. What resources does the USPTO provide to help ensure that the invention promoter is reliable and reputable?
Access the Patents home page on the USPTO and select “Inventor Resources.” Select “Complaints.” Review the complaint filed by “Whitcomb” in September 2006. Who was the complaint filed against, and what was the nature of Ms. Whitcomb’s complaint?
Vision has discovered that a competitor is making and selling a heater for outdoor use that is substantially similar to that of Vision, which heater is patented although it is not marked with a patent notice. During the patent prosecution process, Vision narrowed some of the claims in the
Dan, an employee of Jackson Inc., was instructed by his employer to develop a new type of ladder. The ladder infringes that of another. Dan developed the ladder, but it has not yet been sold. Are any parties liable for infringement? Discuss.
Sam purchased a patented snowboard. Because the bindings wore out, Sam replaced these on several occasions. Later, Sam sold the snowboard to his roommate. Are any parties liable for infringement? Discuss, and identify the name of the principle that governs your answer.
David’s patent contains elements A, B, C, and D. Tyler’s invention contains elements A, B, and C, and element X, which is substantially equivalent to element D in David’s patent. Has infringement occurred? If so, is infringement literal? Discuss, and identify the name of the principle that
During prosecution of a patent application for a new lamp (which is significantly better than other lamps), Tom, the applicant, narrowed claims 4 and 6. The patent was granted, and Tom now believes that a similar and equivalent lamp infringes claims 4, 11, and 12 of his patent. What is the effect
Paul is the owner of several patents, one of which he intends to license to Lon. Paul has informed Lon that Paul will not grant the license to Lon unless Lon also purchases some other items from Paul, which items are easily obtainable from many other suppliers. If Lon is accused of patent
Anna’s patented moisturizer was sold without any notice of patent. Anna has written the alleged infringer, Meg, and requested that Meg cease and desist from any further infringement of the patented moisturizer. Meg has ignored the letter and continued making and selling her moisturizer. Do
Access the Web site of the International Trade Commission.a. What types of patents may be the subject of an ITC investigation?b. Review the Frequently Asked Questions. How may a party intervene in a Section 337 investigation? Are Section 337 investigations open to the public?
Vision is considering opening new resort hotels in various countries in Europe and Asia. The hotels would use Vision’s newly developed hydrotherapy spa, for which Vision filed a patent application three months ago. Vision is in the process of conducting marketing surveys to determine in which
Phil has invented a computer software program that provides a method for “matchmaking.” Is this patentable in the United States and in Europe? Discuss.
Samantha has discovered a new strain of wheat, which she has reproduced from seed. Samantha has also discovered a new type of asexually reproduced rose, with a distinctive color and fragrance. How may these two new inventions be protected under patent law?
Francine has invented a new barbeque grill. She applied for her patent in the United States on May 14. She would like to file an application in Spain for the same invention. What is the advantage to Francine in filing the application in Spain by May 14 of next year? What treaty or convention
Assume that Francine desires protection for her barbeque grill in several countries. What is the most efficient way for Francine to seek protection in multiple countries?
Why might a PCT applicant enter Chapter II and request an international preliminary examination even though an international search report and written opinion were provided in Chapter I?
Jack, a citizen of the United States, filed a patent application in Japan on July 10 and two months later filed a patent application for the same invention in the United States. What statute has Jack violated, and what penalties might be imposed against Jack?
Kate, an inventor, was ordered by the Commissioner for Patents to keep her invention secret. Does Kate have any remedies? Discuss.
Dan has been using a business method for determining interest calculations. Charles filed a patent application for this same business method 13 months after Dan began using the business method. Charles obtained a patent and has sued Dan for infringement. What defense should Dan assert?
Access the Web site for WIPO.a. Review the list of PCT contracting states. When did the PCT enter into force for Belgium, Guatemala, and the United States?b. Access the PCT Glossary. What is the definition of “international search”?c. Access the PCT Time Limit Calculator. Enter the date
Vision is developing its plans to open several hotels in Asia and Europe. It has commissioned several marketing studies and has been consulting with engineers, property developers, and contractors regarding the planned hotels. Vision’s plans are known to only a few senior-level executives, all of
TechCo is a high-tech company with 1,000 employees that specializes in the development of cutting-edge software. Its trade secret protection program consists of the following measures: a log by the photocopy machine, marking documents “confidential,” and occasional e-mail reminders to employees
Patterson Inc. has invented a new process for transmitting digital images. Discuss the advantages and disadvantages of protecting this invention as a patent and as a trade secret.
Cellular Co. is negotiating with Breyer Co. to sell all of its assets to Breyer Co. Breyer Co. has inspected Cellular’s plant and reviewed a significant amount of materials relating to Cellular’s processes and methods. Is Breyer subject to any duties not to disclose Cellular’s proprietary
Harris Co. inadvertently sent an important document by facsimile to its adversary’s law firm rather than to its own law firm. Within minutes, Harris Co. contacted the recipient and informed it of the mistake and instructed the recipient that it was not authorized to use the information. Is the
Jackson Inc. is an old, established company with a great deal of history. The company has kept many of its original, older documents, such as letters to and from its founders and other materials that have purely “sentimental value” in a locked vault. An employee has stolen these documents. Is
Peterson Inc., a large trucking company, requires its most senior employees to sign noncompetition agreements, agreeing that if they leave employment with Peterson, they will not engage in any work related to the transportation industry for 12 months. Is such a provision enforceable? Discuss.
One month ago, Hal, an employee of ABC Co., inadvertently posted one of the company’s critical documents on the company’s Web site. Has trade secret protection for the documents been lost? Discuss.
Tina, a senior employee with XYZ Inc., has decided to leave the company and go to work for one of XYZ’s competitors. Tina is not subject to any confidentiality agreements. Tina has been able to memorize XYZ’s pricing strategies and plans to take this information to her new employer. Discuss
ABC Co. has an aggressive trade secret protection program, including encrypting its documents when they are transmitted electronically. Through an unanticipated development, a company has been able to “crack” ABC’s encryption technology and has intercepted many of its documents. Were ABC’s

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Intellectual Property- The Law of Trademarks, Copyrights, Patents, and Trade Secrets 3rd Edition Deborah E. Bouchoux - Solutions

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