INTELLECUTAL PROPERTY

1. What are the five rights granted by copyright law? Briefly explain what each right means. Give one example of each of these rights. Which rights apply to each of the examples you have given. Do all five rights apply to every copyrightable work? Why or why not.

2. Review the following factual situation and determine if the Galendar Corporation can stop the user of the Galendar mark. What criteria are important in making this determination? Address the strengths and weaknesses for Galendar Corporation and the competing company on each of these criteria.

Jane and Julie are two graphic artists who have an idea to create a calendar highlighting famous achievements of women. They plan to name their product The Galendar and they want to promote it with the slogan “Woman’s Day – Every Day.” Before producing any calendars, Jane and Julie form a corporation named The Galendar Corporation. Then, after spending several months perfecting the calendar product, they create a Website, galendar.com, and begin selling the calendar over the Internet. The calendar is very popular and the company sells several thousand within the first month. Jane and Julie take out advertisements in Ms. Magazine, and are interviewed on two cable television shows.

The following month, two things happen. First, another company publishes a feminist calendar called The Galendar. Second, Jane and Julie receive a letter from Woman’s Day magazine requesting that the Galendar Corporation cease any further use of the slogan on the calendar, in advertisements, and at the galendar.com Website.

3. List and explain the four requirements for a utility patent.

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