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FINAL EXAMINATION INTELLECTUAL PROPERTY P.N. Davis Saturday, May 1, 1999 1:00 - 4:00 PM THIS IS A THREE (3) HOUR EXAMINATION. THIS EXAMINATION CONSISTS OF NINE (9) PAGES. THIS EXAMINATION CONTAINS FIVE (5) QUESTIONS. I = 60 min. II = 40 min. III = 40 min. IV = 10 min. V = 30 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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1 I. (60 minutes) International Newsline, Inc., publishes “abstracts” of newspaper articles from around the world, both in hardcopy and internet editions. About one-third of those “abstracts” are rewrites of articles originally prepared by Nippon News Service written in Japanese. These articles deal with financial, business, and industry news subjects. Nippon News sells its articles in both the original Japanese version and in English translation. The English versions are made available through wire services, an English language website, and on American online news services through license. International Newsline editors selects its articles and forwards them to “abstractors” who translate them from their original language, condense them to about one-half their original lengths, and edits them into a consistent style. It takes an abstractor about 36 minutes on the average to convert a news article into an International Newsline abstract. International Newsline abstracts taken from Japanese versions of Nippon News articles and are headed by a byline stating: “abstracted from Nippon News,” followed the date of original publication. In July 1998, Nippon News Service began to register its articles with the U.S. Registrar of Copyrights. Since 1975, it has had a U.S. registration of its trademark Nippon News . On November 1998, it filed suit in federal court against International Newsline for copyright infringement, trademark infringement, and common law misappropriation. In addition to International Newsline’s admitting that its abstracts were condensations of
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This note was uploaded on 04/05/2010 for the course LAW LAW6571 taught by Professor Abbott during the Spring '10 term at Florida State College.

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