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- Explain the factors weighed by courts to determine whether the fair-use doctrine provides a valid defense to a claim of copyright infringement. Describe the nature and classifications of property. Explain the difference between real property, personal property, and intellectual property. Which one would you rather own? Explain why. Provide an example of each.The federal government passes a law which a company, JuneCorp, feels unjustifiably discriminates against the company and harms its ability to operate. Under the strict scrutiny test, which of the following statements is trueUnlike patents and trademarks, that are administered by the USPTO, copyrights are administered by the Library of Congress. However, like patents and trademarks, a copyright gives its creator the exclusive right to his or her original work for a limited time. Copyrights are a form of intellectual property protection that give a creator: Responses
- Which of the following is true of patents? Patent law is enacted by the Congress under the power given by Article V of the Constitution. A patent gives an inventor exclusive rights to make, use, or sell an invention for twenty-five years. Processes may be patented but not machines. A composition of matter is found in nature and can be patented. A design patent gives the owner exclusive rights to use the design for fourteen years.SPRINT is negotiating with Carly Rae Jepsen’s lawyers to use her copyrighted hit song “Call Me Maybe” in a commercial launching its new cell phone campaign. What is the intellectual property document that SPRINT will have to obtain from Carly Rae Jepsen? Explain the purpose of this document.the major federal legislation in Canada that defines illegal practices, including price fixing, bid rigging, price discrimination, predatory pricing, double ticketing, resale price maintenance, bait and switch selling, and pyramid selling occurs when false or deceptive comparisons or distorted claims are made concerning a competitor's product, services, or property comprise principle and standards that guide behaviour in the world of business may be incurred when an unfair and untrue statement is made about a competitor in writing the statement becomes actionable when it is communicated to a third party and can be interpreted as damaging the company the foundation for partnering-style relationship, product, customer, and presentation strategies an attempt to influence the person receiving the "gift"prohibits joining a competing firm for a year after they leave mutual exchange of benefits, as when a firm buys products from its customer the buyer wants to do business with an institution…
- Franchising is a method of distributing products or services involving a franchisorthat establishes the brand's trademark, trade name, business system, and afranchisee who pays a royalty and an initial fee for the right to do business underthe franchisor's name and system. It is a contractual business relationship. Whatdo you think is the prime advantage and disadvantage in having a business ofthis nature?Describe copyright and trademark in detail with at least twelve examples each.Outline the key factors that determines fair use of copyrighted text under US law
- Solar Living discovers that Sunny Solar is planning to use the slogan “The Sun Is Always Shining on Solar Energy” in its marketing materials. Solar Living quickly files a trademark application for that phrase to prevent Sunny Solar from using it, although Solar Living has no plans to use the slogan. Will Solar Living’s application be granted? No, because Sunny Solar can prove that it thought up the slogan before Solar Living did. Yes, because Solar Living was the first to file for the trademark, and the U.S. operates on a first-to-file system. Yes, because “The Sun Is Always Shining on Solar Energy” is a phrase that can acquire a secondary meaning. No, because for a trademark to be granted an applicant must actually use, or intend to use, the mark in commerce.Franchising is a business plan in which an owner (franchisor) permits a free operator (franchisee) to utilize its laid-out brand, items, benefits, and working framework in return for different charges, royalties, or continuous help. This plan empowers the franchisee to work their own business under the franchisor's laid-out brand and take advantage of its demonstrated plan of action, while the franchisor extends its image presence and gathers fees and royalties. Franchising is a typical technique for business development and can be tracked down in different ventures, including drive-through eateries, retail, auto, and numerous others. Type and Model of Franchise: When considering franchising your business, it's crucial to determine the type and model that best suits your business and its goals. There are several types and models to consider: a. Business Arrangement Establishment: Justification: This model is great on the off chance that you have a clear-cut business idea with a…Sony Corporation manufactured and sold home video recorders, specifically Betamax videotape recorders (VTRs). Universal City Studios, Inc. (Universal), owned the copyrights on some programs aired on commercially sponsored television. Individual Betamax owners frequently used the device to record some of Universal’s copyrighted television programs for their own noncommercial use. Universal brought suit, claiming that the sale of the Betamax VTRs to the general public violated its rights under the Copyright Act. It sought no relief against any Betamax consumer. Instead, Universal sued Sony for contributory infringement of its copyrights, seeking money damages, an equitable accounting of profits, and an injunction against the manufacture and sale of Betamax VTRs. Explain whether Universal will prevail in its action.