Greenberg_Anderson_IPSurvey_Fa05 - Final Exam Intellectual...

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Final Exam Intellectual Property Law Survey Professors Greenberg & Anderson Fall 2005 1. You have three (3) hours to complete this exam. You are not required to spend the entire time working on the exam - the average time for completion is between two and three hours. It is strongly recommended that you outline your response to each question, before writing the response. I recommend that you spend one third of the time on each question creating your outline, and the remainder of your time writing your answer. For example, if you spend 1.0 hour per question, devote 20 minutes to the outline, and 40 minutes writing the answer. 2. THIS IS AN OPEN BOOK, OPEN MATERIALS EXAM . You may use any notes, books or other materials to assist you in responding to the questions. 3. There are three (3) essay questions on this exam. The first two questions are worth thirty-three points, and the third question is worth thirty-four points. The third question pertains to patent law. This question will be graded by Adjunct Professor Anderson. YOU MUST ANSWER THE THIRD (PATENT) QUESTION IN A SEPARATE BLUE BOOK, LABELED PATENT QUESTION. If you need more than one blue book to answer this third question, each blue book you use must be labeled Patent Question. The remainder of the exam will be graded by Prof. Greenberg. Answer each question as fully as you can, citing any appropriate cases, industry standards, and statutes that are relevant. Students often fail to allocate enough time for the Patent question, so we recommend that you work on that question first. 4. Write your exam number on your exam envelope. Put your correct class section and student exam # at the top of this page, each page of questions, and each blue book. Do not use your name, student ID number or Social Security Number on any exam materials. 5. DO NOT WRITE ON BOTH SIDES OF THE PAGE. WRITE LEGIBLY OR PRINT IF YOUR HANDWRITING IS DIFFICULT TO READ. If I cannot read your response to a question, your grade will be adversely affected. 6. At the conclusion of the exam, return all test materials, including blue books, scratch paper, and this exam packet to the envelope and submit it to the proctor. DO NOT seal the envelope. Students who do not return all exam materials at the end of the exam may not be graded.
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Good Luck QUESTION NO. 1 (33 Points) This week, just in time for Christmas sales, famous software game company SEGA has introduced a new software game system it calls XXXBox 180, whose main feature is a violent game based on the action motion picture series XXX. The game is extremely violent, featuring the killing of small animals and children. Microsoft, maker of the just- released XBox 360 game system, for which a trademark has been applied for but not yet received, has filed a complaint for trademark infringement and dilution, and is seeking a preliminary injunction to halt the further sale of any of the XXXBox 180 systems. Microsoft is the owner of a previous trademark for the XBox System, its original game
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Greenberg_Anderson_IPSurvey_Fa05 - Final Exam Intellectual...

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