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11.What is a parody? How is it different from other forms of comedy?12.How did the U.S. recognize moral rights in order to comply with the Berne Convention? 13.What was the main point of each copyright case we read?1.OfferDefinite & clearMust be communicated or published2.AcceptanceMust be communicated to the offeror Silence or mere failure to reject an offer does not constitute an acceptance3.ConsiderationSome rights, interest, profit, or benefit accruing to one party or some forbearance, detriment, loss of responsibility given, suffered or undertaken by the otherExchange of mutual promises may be considered*writing not always necessary unless …paying a debt, marriage, selling land, work not to be performed within a yearGuilds Vs UnionsGuilds tend to be above the lineUnions tend to be below the lineTrademark LawTypes of Trademarks:Latters/wordsPictures or drawingsLogosCombinations
R in the circle = registered trademarkTM = user is using the item as a trademark but has not filedSM = same for service markInherently Distinctive (strong protection)Fanciful (strongest category) = not words EX. NyQuilArbitrary = word applied to something else EX. Hard Rock, brimSuggestive = suggests what the product does EX. Coppertone* Disparaging or Scandalous Marks can not be registeredInfringementLikelihood of confusion testSecondary meaningDilution – tarnishment and blurring Making the mark less powerfulOnly available to well known trademarksEX. KleenexVocabProxy power or authority that is given to allow a person to act for someone else the person who has that authority Quantum Meruit