Which of orders ascending strength may trademarks fall

Question

Assignment:

Discussion:

A Baltimore artist named Frederick Bouchat designed what eventually became the Baltimore Ravens' first logo, but the team used the design from 1996 to 1998 without compensating or crediting Bouchat. After Bouchat successfully sued the team for copyright infringement, the Ravens switched to their current logo after the 1998 season.

Despite the Baltimore Ravens changing the logo design, Bouchat sued the Baltimore Ravens several more times, claiming that the Baltimore Ravens continued to use the original logo that he had designed. Specifically, Bouchart complained that the logo he designed still appeared in highlight reels and in historical photos that were displayed in the Baltimore Ravens' stadium.

A United States District Court Judge dismissed the suits filed by Bouchat on the grounds that the appearance of the Bouchat logo in highlight reels and in historical photos was allowable under the "fair use doctrine".

Bouchat appealed to the United States Court of Appeals for the Fourth Circuit, and in December 2013, the Fourth Circuit agreed, saying that the "fleeting and insubstantial" appearance of the logo in the videos and photos did not amount to copyright infringement. "Society's interest in ensuring the creation of transformative works incidentally utilizing copyrighted material is legitimate no matter who the defendant may be," the court wrote.

What is the "fair use doctrine" and what interests are the "fair use doctrine" intended to protect?

Question 1. In which of the following orders of ascending strength may trademarks fall?

1. Generic, suggestive, descriptive, arbitrary, or fanciful
2. Descriptive, generic, suggestive, arbitrary, or fanciful
3. Arbitrary, fanciful, generic, descriptive, or suggestive
4. Generic, descriptive, suggestive, arbitrary, or fanciful
5. Suggestive, generic, descriptive, arbitrary, or fanciful

Question 2. Real property ownership includes airspace above the land, water rights flowing across or beneath the land, and __________.

1. trees growing next to the land
2. the right to divert the water to deprive landowners downstream from use of the water
3. walkways leading to the land
4. mineral rights under the land
5. roadways providing access to the land

Question 3. What are the three basic types of property?

1. Real, absolute, and personal
2. Real, intellectual, and land
3. Intellectual, land, and minerals
4. Real, personal, and intellectual

Question 4. Which of the following provides that a portion of a copyrighted work may be reproduced for purposes of criticism, comment, news reporting, teaching, scholarships, and research?

1. The limited-use doctrine
2. The copyright-use doctrine
3. The fair-use doctrine
4. The trade-use doctrine
5. None of these because there is no such provision

Question 5. Which of the following is TRUE regarding trade-secret protection?

1. A trade secret is protected from unlawful appropriation by competitors as long as it is kept secret and consists of elements not generally known in the trade.
2. A trade secret is protected from unlawful appropriation by competitors for 10 years so long as no competitor gains access to the secret through lawful means.
3. A trade secret is protected from unlawful appropriation by competitors for 20 years so long as no competitor gains access to the secret through lawful or unlawful means.
4. A trade secret is protected from unlawful appropriation by competitors for 30 years.
5. A trade secret is protected from unlawful appropriation by competitors for 70 years.

Question 6. Bobby took a number of wedding photos at Jill's wedding. He was paid as the photographer. On all of the photographs, he appropriately noted in the bottom, right-hand corner the necessary information, which showed that he was claiming copyright protection. Jill came to see Bobby three years after the initial photographs were taken, and she requested that he grant her permission to run off as many copies as she wanted at the local photo shop from the pictures that she initially purchased.

The photo shop had refused to reproduce the photographs without Bobby's permission. When Bobby refused to give Jill permission to make copies, Jill started a heated argument. She told Bobby that photographs are not entitled to copyright protection. She also told him that even if he was correct that there was some copyright protection, she was engaged in fair use, and that, in any event, damages for copyright infringement are unavailable. Which of the following is correct regarding Jill's claim that damages for copyright infringement are unavailable?

1. Damages are available, but a copyrighted work must be registered in order for the creator to recover damages from infringement.
2. It is not necessary that a copyrighted work be registered in order for the creator to obtain damages.
3. Damages for copyright infringement are only available if two businesses are involved-not in disputes involving an individual such as Jill.
4. Some material that is subject to copyright must be registered before its creator may recover damages for infringement, but that is not true for photographs.
5. She is correct that damages are unavailable in copyright infringement actions because only injunctive relief is available.

Question 7. Which of the following criteria must be satisfied in order for a patent, other than a design patent, to be granted?

1. The object of the patent must be novel.
2. The object of the patent must be useful.
3. The object of the patent must be nonobvious.
4. The object of the patent must be novel, but it does not have to be nonobvious.
5. The object of the patent must be novel, useful, and nonobvious.

Question 8. Which of the following are estates that do not include the right to possess the property?

1. Easements
2. Profits
3. Licenses
4. Easements, profits, and licenses
5. Easements and profits, but not licenses

Question 9. Which of the following is TRUE regarding whether the shape of a product or package may be a trademark?

1. The shape of a product may be a trademark if it is nonfunctional, but the shape of a package may not be the subject of a trademark.
2. The shape of a product may be the subject of a trademark if it is functional, but the shape of the package may not be the subject of a trademark.
3. The shape of a product or package may be a trademark if it is functional.
4. The shape of a product or the shape of a package may be a trademark if it is nonfunctional.
5. The shape of a package may be a trademark if it is nonfunctional, but the shape of a product may not be the subject or a trademark.

Question 10. Bank accounts, stocks, and insurance policies are examples of which of the following types of property?

1. Tangible
2. Intangible
3. Substantive
4. Productive
5. All of the above

Question 11. In the Unit III Lesson, we stated real property or "realty" is land and everything permanently attached to it. That seems like a simple concept. Explain how the idea of mineral rights can impact you as a business person. Include information from our Unit Lesson and your personal experience.

Question 12. In the Unit III Lesson, we explored Article I, Section 8, Clause 8 of the United States Constitution. The creators of intellectual property have some protection. Explain what you view as threats to intellectual property in today's world economy. What are some examples where intellectual property is threatened? What are some protections in place to give creators of intellectual property some protection?