Entertainment Law Test 3

"To ""sully"" means to:"

"To mar, defile or taint"

There are ____ international classifications of goods and service identified in 37 C.F.R. 6.1. (insert the number, not text)

45

APPLE and PIONEER are all examples of the following type of mark:

Arbitrary

"Which of the following companies was given in class as an example of one that developed alternative terminology in their literature and marketing, inserting the word brand in their logo and advertisement jingle, in order to prevent the mark from becoming unenforceable?"

Band-Aid

"In order to prove damages in a defamation case in Tennessee, a plaintiff must prove the elements of impairment of reputation or standing in the community, personal humiliation, or mental anguish by the following standard"

By Clear and convincing evidence

A person s reasonable expectation of privacy is based on (select all that apply):

Common Law, Certain implied rights of privacy reflected in the Bill of Rights Australian law

In trademark infringement actions, where the respective marks are not identical, similarity will be assessed by reference to where there is a "likelihood of ___________" that consumers will believe the products or services orgiinated from the trademark owner.

Confusion

In a limited partnership, the limited partners (select all that apply):

Contribute capital, share in any profits, have limited liability, and can only lose an amount equal to that which they originally invested

"What is the term that refers to the phenomenon of having an idea which one believes to be original, but which is actually derived from some other source. "

Cryptomnesia

Three college buddies graduate and form a business together. They shake hand and agree to split expenses and revenues equally. What kind of partnership have they formed?

De Facto Partnership

"If two or more people form a partnership with a written agreement, it is a:"

De Jure Partnership

Libel and Slander are subsets of:

Defamation

Scènes à faire is a French phrase meaning roughly scene to be made or dictated by the scene. How is used a defense for copyright infringement?

Elements of the work which are to be expected by the overall theme of the work may not be entitled to copyright infringement and have not been misappropriated, therefore, they may be eliminated from any liability and damage calculations pursuant to the subtractive method. "

A company that owns a very popular trademark can prevent dilution of its mark by (choose all that apply)

Encyclopedias, not to use your mark as a defined term, Identifying the mark as a brand or perhaps even using the word brand following the mark, developing a generic term for the product and encourage the public to use it, developing an extensive marketing campaign to make the public aware of and encourage them to use a generic term for your product

Which of the following companies was given as an example of a company that did not enact policies and alternative terminology in their literature in order to prevent their mark from becoming unenforceable (check all that apply):

Escalator, Yo-yo, Thermos, Zipper

"In the U.S., trademarks rights extend to all fifty states, regardless of whether the user of the mark has established a market presences in a particular territory."

False

"The registrant of a Federal trademark can control that mark throughout the world, regardless of where the associated goods and services are distributed in that territory."

False

"The simplest form of business entities we studied is the sole proprietorship and it is, therefore, the most effective business form for purposes limiting one s liability in business transactions."

False

Infringement of a trademark occurs when one party uses a mark or brand that is identical or confusingly similar to one owned by another party, but uses it in relation to products or services in a different class from the products or services for which the original owners uses it. In other words, a company called "McDonald" cannot manufacture sell industrial aircraft using that brand because it would confuse consumers and thereby infringe the more famous McDonald's restaurants.

False

There is no way to apply for registeration of the mark until you actually use it.

False

Even though they may have acquired a secondary meaning, Shredded Wheat and Corn Flakes were used in class as examples of the following type of trademark:

Generic

"In Trustees of Dartmouth College v. Woodward, the Supreme Court did which of the following (select all that apply):"

Granted the corporation the status of personhood, Made the corporation immortal, made corporate charters inviolable, meaning that the states could not pass laws that would amend or abolition a corporate charter."

The Subtractive and Totality Methods are two methodologies used of determine:

In unlawful misappropriation of a copyright has occurred

"If two separate persons, living in different parts of the world, create two works of art which are substantially similar without one of them copying from the other, this most poignantly illustrates the copyright principle/defense of..."

Independent Creation

Emily writes a letter to Lauren and says that "John F," a well-known airline pilot, was seen having three drinks before boarding a commercial jetliner as the pilot. Lauren receives the letter, but thinks Emily is talking about John Franklin when, in fact, she was referring to John Filmore (both John's are pilots). While visiting Lauren, Mr. Filmore finds the letter and sues Emily for libel. Will Mr. Filmore win the case?

No

"When two or more people go into business together without any written documentation or formal agreement, splitting their profits and losses equally, the business will most likely be considered to be what type of business?"

Partnership

We learned in class that defamation concerning public officials requires a lower standard of proof than does defamation of private citizens. What is the rationale for this?

Public officials have greater access to the press than private citizens

The case of Bright Tunes Music Corp. (Owner of He s So Fine) v. Harrissongs Music (Owner of My Sweet Lord) is the seminal case that articulated the concept of _________________ infringement.

Subconscious

Select all of the following statements that correctly describe the relationship between an S Corporation and a C Corporation. Choose all that apply.

The C and S are designations found in the IRS tax code, They both provide a shield of liability for their shareholders, Most fortune 500 companies are C corporations, while most S Corporations are "mom and pop" companies

When registering a composite mark, an attorney should register what (select any or all that apply):

The Entire Mark, Each of the word and design elements

"Sole proprietorships are usually NOT recommended as reasonable choices for an entertainment venture, because (select any that apply):"

There are frequently multiple persons involved in an entertainment venture, A sole proprietorship does not limit the liability of its owner, A sole proprietorship does not protect the intellectual properties normally associated with an entertainment venture

We learned that the word publication is a legal requirement that means (select the most precise answer)

To communicate a defamatory statement about a person to a third party either in writing or verbally that is understood by the listener to apply to that person

"Because popular music draws from a variety of influences - rock n roll, blues, country, spirituals, Tin Pan Alley original elements are sometimes difficult to isolate and, therefore, copyright analysis is difficult to apply."

True

"Proper trademark enforcement requires an active, company-wide program in order to, among other things, retain control over the marks as to quality and types of use."

True

If a business creditor seeks to attach the assets of a limited partnership, it may only attach the assets of the individual partner who is most active in running the day-to-day affairs of the partnership.

True

Like copyright, Federal registration of a trademark gives the owner a presumption of exclusive rights

True

You can register a mark even if you only have a bona fide intention to use it.

True

Which of the following examples, given in class lectures, were used to illustrate the development of corporate history and jurisprudence in America (select any that apply)?

Trustees of Dartmouth College v. Woodward, New Jersey Legislation, Delaware Legislation, British east indian company's bonds