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ARTICLE · 14 JULY 2013

Am. Registry Of Radiologic Technologists v. Bennett

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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American Registry of Radiologic Technicians ("Plantiff") is a nonprofit organization that develops and administers examinations for individuals seeking certification in medical radiologic technology.

United StatesIntellectual Property

CASE SUMMARY

FACTS

American Registry of Radiologic Technicians ("Plantiff") is a nonprofit organization that develops and administers examinations for individuals seeking certification in medical radiologic technology.  A number of states use Plaintiff's examinations as state-licensing examinations.  In addition to developing and administering examinations, Plaintiff maintains a registry of certified radiologic technologists.  To be certified, one must graduate from an approved educational program, agree to comply with certain standards, and pass a certification examination.

In 2007, Diane Bennett ("Defendant"), a certified radiologic technologist, launched a test-preparation business under the name Limited X-Ray Licensure Course Providers.  Understanding that Plaintiff often reused questions on the examination, Defendant asked former test takers to e-mail her questions from their prior exams, which she then compiled into a series of e-mails to prep course

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