I need an explanation for this Business Law question to help me study.
- Alice Randall wrote a novel entitled The Wind Done Gone, which retells the Civil War novel Gone with the Wind from the perspective of Scarlett O’Hara’s (imagined) black half-sister and slave. The novel does not use any of the names of the original, but clearly references the same characters, places, and plot lines. Randall was sued, but alleged fair use. Should she win?
- Hair Corp. sells shampoo in the United States and internationally. Its international prices are 30 percent less than its domestic prices. Big Seller, Inc., is in the business of buying products internationally in bulk and reselling them in the United States Big Seller buys Hair Corp’s shampoos in Peru and imports them to the United States to be sold at international rates. Can Hair Corp successfully sue Big Seller for copyright infringement?
- Sequenom developed a noninvasive prenatal diagnostic test to assess the risk of Down syndrome or other chromosomal abnormalities in fetuses. The …. analyzes DNA from the fetus that is found in the mother’s blood. Prior to this …., women had to undergo invasive tests that carried a slight risk of miscarriage. The PTO awarded Sequenom a patent on the …., but other diagnostic testing companies sued to invalidate the patent. Is Sequenom’s patent valid?
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