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Define the term “Copyright” and provide two examples.
List (only list) the steps to establish a copyright. (Summarize the steps so that there are not more than 9 steps total.)
Answer question(s) listed in next section below for this question.
Define the term “Trademark” and provide two examples.
List (only list) the steps to establish a Trademark. (Summarize the steps so that there are not more than 9 steps total.)
Answer question(s) listed in next section below for this question.
Students must use three (3) sources/references in this exercise. (List the three (3) sources used in this exercise. In addition, the textbook for this course may be used as one of the sources/references.)

Read the fact pattern below and answer the questions below. (Bold fact pattern and request.)
College Copy Shop (CCS) compiles, copies, and sells reading materials to students on the instructions of their professors, who indicate which parts of certain publications to include. These include texts published by Deep Topics, Inc. CCS does not obtain the permission of Deep Topics, or any of the other original publishers of the copied materials, and does not pay royalties on the sales of the compilations. Deep Topics and others file a suit against CCS, alleging infringement of the plaintiffs intellectual property rights.

(1) Which type of intellectual property is involved in this situation? (Bold Question)

Sample Solution

Copyright

Definition: Copyright is a legal right granted to the creator of original works of authorship, including literary, dramatic, musical, and certain other intellectual works. It protects the expression of an idea, not the idea itself.

Examples:

  1. A novel: The author holds copyright to the written work, including the storyline, characters, and language used.

  2. A musical composition: The composer holds copyright to the melody, lyrics, and arrangement of the song.

Steps to Establish Copyright:

  1. Create an original work: The work must be original and not a copy of someone else’s work.

  2. Fix the work in a tangible medium: The work must be written down, recorded, or otherwise expressed in a tangible form.

  3. Register with the U.S. Copyright Office (optional): Registration is not required for copyright protection, but it provides several benefits, including the ability to sue for infringement.

Trademark

Definition: A trademark is a symbol, design, or phrase legally registered to represent a company or product. It distinguishes one company’s goods or services from those of another.

Examples:

  1. Apple logo: The bitten apple logo is a trademark of Apple Inc., representing its products.

  2. Nike swoosh: The swoosh symbol is a trademark of Nike, identifying its athletic apparel and shoes.

Steps to Establish a Trademark:

  1. Choose a mark: Select a distinctive symbol, design, or phrase.

  2. Conduct a trademark search: Check if the mark is already registered or in use by another company.

  3. File an application with the U.S. Patent and Trademark Office (USPTO): Submit a formal application along with required documents and fees.

  4. USPTO review: The USPTO reviews the application and may request additional information.

  5. Publication of the application: The USPTO publishes the application for public review.

  6. Opposition period: Other parties have an opportunity to oppose the application.

  7. Registration: If no oppositions are filed, the USPTO grants registration and issues a certificate of registration.

Fact Pattern Analysis:

(1) Which type of intellectual property is involved in this situation?

The intellectual property involved in this scenario is copyright. The textbook excerpts and other materials used by CCS are original works of authorship protected by copyright law. CCS is copying and distributing these works without permission, which constitutes copyright infringement.

Sources:

  1. “Copyright Basics” United States Copyright Office: https://www.copyright.gov/help/faq/faq-general.html

  2. “Trademark Basics” United States Patent and Trademark Office: https://www.uspto.gov/trademarks-getting-started/

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