ipw04-final - FINAL EXAMINATION INTELLECTUAL PROPERTY P.N....

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FINAL EXAMINATION INTELLECTUAL PROPERTY P.N. Davis Thursday, May 6, 2004 8:30 - 11:30 AM THIS IS A THREE (3) HOUR EXAMINATION. THIS EXAMINATION CONSISTS OF FIVE (5) PAGES. THIS EXAMINATION CONTAINS FIVE (5) QUESTIONS. I = 20 min. II = 45 min. III = 60 min. IV = 10 min. V = 45 min. FILL IN YOUR EXAMINATION NUMBER ON THE BLUEBOOK STICKER. * * * * * YOU BRING INTO THE EXAM YOUR COPY OF THE STATUTORY SUPPLEMENT, with any notations in the margins and blank pages you care to make, but no page inserts. * * * * * Instructions : 1. These questions will be graded on the basis of the times indicated with each questions. The indicated time for the questions total 3 hours. You will be given 3 hours to write the examination. Budget your time carefully or you may not finish. 2. Be sure to state a result whenever a question asks for one. Merely stating the arguments on both sides of a legal issue will result in only partial credit because you will not have completed the analysis required by that type of question. 3. If you find it necessary to make factual assumptions in order to answer a question, be sure to state the assumption. 4. Do not assume additional facts for the purpose of avoiding a legal issue or making its resolution easier. 5. Comment briefly on each legal issue reasonably raised by the questions and on each reason for your answer, even when you decide that one legal issue or reason controls the result. 6. The difference between triumph and disaster may lie in a careful reading of the questions.
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I. (20 minutes) You may have seen the TV advertisement introducing Dominos Dots . They are toasted doughballs with melted cheese on them. The ad featured giant “dots” rolling through a suburban neighborhood, bouncing over people and mashing flat mailboxes and flowerbeds. The TV ad indicates that this product is being offered at Dominos Pizza locations (walk-in or phone orders). At sports venues (like the Hearnes Arena and Busch Stadium), you may have seen an ice cream franchise vendor selling Dippin’ Dots , tiny colored globules of ice cream. Suppose the Dippin’ Dots ice cream franchiser sued the Dominos Pizza franchiser for an injunction requiring the latter to stop using the Dominos Dots designation for its product. Should the court grant the injunction? Discuss all relevant legal issues. State a result.
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2 II (60 minutes) L&S Industries is a manufacturer and marketer of wire-bonding equipment to companies making computer chips. The equipment is used to connect extremely small wires from semiconductor terminals to other components on computer chips. Mason is a computer engineer who does consulting work with computer chip manufacturers. In July 2001, Mason submitted to L&S an unpublished technical paper discussing a specific design approach and method for achieving greater speed and accuracy and fewer manufacturing errors for the type of wire-bonding machines that L&S manufactures. Mason submitted this paper with prior consent, but without obtaining a confidentiality agreement from
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ipw04-final - FINAL EXAMINATION INTELLECTUAL PROPERTY P.N....

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