Law and Licensing Test 2

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

doppelgänger (some who looks and/or acts like someone else) or voice over artist is NOT permitted, by virtue of First Amendment rights, to do which of the following (select all that apply):

Use a voice over to imitate a celebrity by singing one of that celebrity's hit songs in a television commercial in such a way that is sound as if the celebrity is performing, while at the same time dressing up to look like the artist. Make an appearance as Hillary Clinton and give a political speech without disclaiming any association

Quality Potatoes and Chocolate Milk are examples of what type of trademark?

Weak

T/F: The posthumous publicity rights of Marilyn Monroe were declared void by a New York because her estate had her previously ask the court to declare her a resident of New York to avoid estate taxes in California and at the time New York did not recognize her right to bequeath her rights of publicity.

True

t/F 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

Which of the following are typical points of discussion in a licensing negotiation? (Check all that apply)

Whether the royalty will be a flat rate or a percentage Whether the royalty will be paid on gross or net Whether the licensee can sublicense What is the target marget

"Which of the following celebrity personalities has consistently generated more licensing revenue for its owner as compared to other characters or personalities of the same type?"

Winnie the Pooh

Which of the following is the least correct ending to the following sentence: ""One of the advantages a company receives from licensing its intellectual properties for use in other products is that it . . ."""

". . .expands its current operations into new markets, although it requires the company to establish new manufacturing facilities."

"In the case of Bright Tunes Music Corp. (Owner of He s So Fine) v. Harrissongs Music (Owner of My Sweet Lord), which of the following was NOT a finding of the court:"

"Harrison only infringed the chorus, or approximately 25% of the song, and therefore only had to pay 25% of the damages, or around $500,000;"

Which of the following are benefits of licensing IP for use in product lines to the company s primary product (select all that apply):

. generates a new source of revenue based on the brand s loyalty, reputation and goodwill." . . . eliminates geographic limitations. . . . is like found money.

Indiana has the longest stated period for posthumous rights, which is [a] years and a "reach back" term of [b] years, but Tennessee's right of publicity statute grants rights for successive periods of [c] years each, so long as the celebrity does not cease use of the rights for any period of [d] years, upon the occurrence of which the rights expire (use Arabic numberals).

100, 50, 10, 2

What year was Tennessee's statute protecting the right of publicity in what year? (use Arabic numerals)

1984

Approximately how many states have some form of protection for rights of publicity (including those that protect it through common law and rights of privacy provisions) (Use arabic numerals)

28

The Q score is (Select all that apply):

A metric developed by Marketing Evaluations, Inc. in 1964 to rank various categories by soliciting answers to the question my favorite ____ is ____ ;" A quotient obtained by surveying a couple of thousand people;

Which deceased personality identified in class materials still generates significant licensing revenues for the university to whom the posthumous rights were bequeathed and consistently ranks in the top ten of the Dead Q?

Albert Einstein

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

Arbitrary

Which celebrity, dead or alive, has the highest Q score of anyone in the last twenty years?

Bill Cosby

A modern celebrity can protect his/her (or its) rights of publicity buy using which of the following (check all that apply):

Common Law State Rights of Publicity Statutes State Rights of Privacy Statutes The common law and trademark principle of "passing off." Principles of the Federal Lantham Act.

"Escalator, Zipper, Aspirin and Yo-Yo were discussed in class as examples of how these trademarks became (check all that appy):"

Correct

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

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

Developing an extensive marketing campaign to make the public aware of and encourage them to use a generic term for your product. "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. "encyclopedias, not to use your mark as a defined term."

In the following examples used in class, which of these celebrities were successful in their enforcement of their rights of publicity (select all that apply)?

Don Henley in his action against Dillard's for their line of shirts called "Don's Henley." The Great Hugo, human cannonball, in his litigation against Scripps for televising his entire act. Johnny Carson's case against Here's Johnny Portable Toilets, Inc.

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. "

Tennessee's rights of publicity statutes were passed primarily in response to litigation involving the rights of the Estate of [a] (first and last name, capitalized).

Elvis Presley

"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

In the legal case involving the use of robot that look liked Vanna White turning Wheel of Fortune tiles (Samsung's "Longest Running Game Show 2012" commercial), the court denied White's claim on the basis that her fame was achieved out of "dumb luck" and not any "rare ability," and therefore any perceived similarities were not an infringement of her rights.

False

The following is contract language we examined in class: Licensor hereby grants to Licensee the non-exclusive right and license to use the Licensed Properties throughout the Territory during the Term in connection with the manufacture, marketing, sale, public performance, and other exploitation of the Licensed Products. This paragraph is a clear example of which of the following:

Grant of Rights

Which of the following characteristics of Marilyn Monroe make up her persona, i.e., her licensable attributes: (check all that apply)

Her lips Platinum Blonde Hair Norma Jean Her Sultry Voice Her Voluptuous Figure

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

If 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

In the examples of contract language discussed in class, some of the words are capitalized randomly. What does this generally mean in contract interpretation:

It means that the phrase or term should be defined somewhere in the agreement

In what way is the DBE index different from the Q Score:

Its data is derived from a research panel consisting of approximately 1.5 million consumers.

The underlying principles of celebrity endorsements can be found in which theory of science/psychology:

Ivan Pavlov's theory of classical conditioning

Which of the following are conditions which must be met in order for an intellectual property license to be effective? (select all that appy)

Licensor must have the authority to grant the license, i.e. either ownership, license or assignment. The company issuing the license must hold the licensee harmless from any liability resulting from the use of the license or the licensed products. The IP must be protected by law. The license must specify what IP rights it grants to the licensee. The consideration for the license must be clearly stated.

Which of the following are inherent risks involved in using celebrities to endorse a product? (choose all that apply)

Popular celebrities can be overexposed by endorsing multiple brands, thus diluting the marketing of your brand; If a celebrity s images diminishes over a period of time, the brand s association is not as powerful; If the brand is strongly associated with the celebrity, any negative publicity generated by the celebrity can spill over into the brand s image; The celebrity overshadows the brand, meaning that consumers focus more on the celebrity than on the brand;

Select the Supreme Court justice(s) who first conceived of the "right to be left alone" (choose any that apply).

Samuel Warren Louis Brandeis

"XEROX, KODAK and EXXON are all examples of the following type of mark (check all that apply)"

Strong Fanciful

Reynolds Oven Bags, Coppertone and Eskimo Pie were used in class as examples of what type of mark?"

Suggestive

In the case of the Beatles vs. the Come Together Beatles, the Middle District said that the imitation band had violated the Beatles' rights of publicity. Which of the following were findings of the court (select all that apply):

That Tennessee' s rights of publicity statute was limited to "knowing" usages of the name, photograph and likeness. The performers violated the Beatles rights by using a "look-alike" pose in the advertisements for their concert.

Of the following methodologies discussed for aligning a celebrity with a marketing campaign, which one considers factors such as the regional appeal of a celebrity, the target audience match, and the fit with the advertising campaign?

The 14 point method

The ease of working with a celebrity is a consideration only found in which of the following methodologies discussed for aligning a celebrity with a marketing campaign?

The NO TEARS Method

Tennessee's rights of publicity statute, TCA 47-25-1101, is known by what title:

The Personal Rights Protection Act

Trustworthiness and Attractiveness are two of the consideration in which of the following methodologies discussed for aligning a celebrity with a marketing campaign?

The TEARS Method

How does a company benefit from licensing its intellectual property? (choose all that apply)

The company benefits by expanding its current operations into new markets without the need to establish new manufacturing facilities. It s like found money. The company benefits by exploiting its brand loyalty and good will in a way that generates additional streams of income. The company benefits by expanding its brand recognition beyond its physical, geographical limitations

The following celebrity was used as an illustration of how a good endorsement deal can go bad:

Tiger Woods

Which celebrity recently overtook the #1 ""Q"" Ranking from a person who still has the all time high in the Q rankings?

Tom Hanks