BerkIP - UNIVERSITY OF CALIFORNIA SCHOOL OF LAW COURSE...

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1 of 6 UNIVERSITY OF CALIFORNIA COURSE EXAMINATION SCHOOL OF LAW FALL 2005 Student Exam # _______ Course Number 275.3, Intro to Intellectual Property Instructor in Charge: Professor Paul Schwartz Time Allowed: 3.5 Hours Open Book SPECIAL INSTRUCTIONS 1. This is an open-book examination. You may use the casebook, class handouts, casebook supplement and your notes and outlines. There are two (2) Questions. This examination should consist of six (6) pages. Be sure your copy of the exam contains all six pages . 2. Read each Question carefully. Each question is worth ½ the final score; do your best to devote equal time to each Question. 3. In addition to demonstrated knowledge of the subject matter, the instructor will consider responsiveness, logical organization, and clarity in evaluating your answers. 4. The instructor has tried to include all necessary facts and instructions in the questions. If, however, you discover that a material fact or instruction is omitted or ambiguous, assume that fact or instruction and state that you have done so. *********** W RITERS : Place your exam label or clearly print your exam number on the cover of all bluebooks. Write the course name and instructor’s name on each bluebook. Number your bluebooks to indicate their order, and state the total number of bluebooks that you are submitting (1 of 4, 2 of 4, etc.). Students should write only on one side of the page, and/or on every other line. In other words, please doublespace your answer. L APTOP U SERS : Enter your exam number, course name, and instructor name in the required fields of Examsoft. This information will automatically be formatted to the header of your exam. The Examsoft program will double space your exam answers during the printing process. *********** You will be given a 10-minute and a 1-minute warning. When time is called, please stop writing immediately and turn in your copy of this exam and your answers. Please do NOT leave your exam or bluebook (or typed answers) on the desk. All copies of this exam and bluebooks must be turned in to the person in charge, or if you finish early, must be taken to Exam Headquarters (Room 123).
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2 of 6 Question One Happy Toys has asked you to represent it in all intellectual property matters. You are delighted to do so and have started your new job by reviewing the matter below. As far as you can tell, Happy Toys fired its previous attorney because of the advice that it received in developing the contested product below, the "Rotator" football. Happy Toys has not, however, shared the advice of previous counsel with you. Please draft a memorandum to your client that analyzes the following case and provides concrete advice to Happy Toys regarding an appeal against Original Products, Inc. *** *** *** Original Products, Inc. is appealing from the decision of a United States District Court granting summary judgment in favor of defendant Happy Toys on Original's claims of design patent infringement, trade dress infringement, and state-law unfair competition. Happy Toys is
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