ANSWERS-CH08 - CHAPTER 8 INTELLECTUAL PROPERTY AND UNFAIR...

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CHAPTER 8 INTELLECTUAL PROPERTY AND UNFAIR COMPETITION ANSWERS TO CHAPTER 8 True-False Multiple Choice 1. F 2. F 3. T 4. F 5. F 6. T 7. T 8. F 9. T 10. T 11. F 12. T 13. c 14. d 15. b 16. e 17. b 18. a 19. b 20. c 21. c 22. b 23. a Short Essay 24. Five categories relevant to the determination of distinctiveness are (1) arbitrary or fanciful marks (these are most distinctive); (2) suggestive marks (marks that convey the nature of the product or serve through imagination, thought, and perception); descriptive marks (marks that directly describe the product or service); (4) marks that are not inherently distinctive (protected if a secondary meaning exists); and (5) generic terms (terms ineligible for protection). 25. The approach taken by the Supreme Court in a similar case ( Harper & Row, Publishers, Inc. v, Nation Enterprises , decided in 1985, indicates that the court would be likely to reject Newspeak 's fair use defense. Judicial evaluation of a fair use defense involves consideration of four factors. The first factor is the purpose of the use.
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This note was uploaded on 04/30/2010 for the course BUSLAW 301 taught by Professor Abu during the Spring '09 term at Abu Dhabi University.

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ANSWERS-CH08 - CHAPTER 8 INTELLECTUAL PROPERTY AND UNFAIR...

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