Exam 8: Intellectual Property and Internet Law

Modern Clothing, Inc., and National Denim Corporation use the mark "Made by Members of the U.S. Textile Workers Union" on the tags of their products to indicate the participation of the union in the manufacture. Modern and National are not in business together and do not own this mark. This mark is

Ross e-mails Super Snowboard Company's marketing campaign to Winter Sports Corporation, Super's competitor, without its permission. This is

A copy must be exactly the same as the original to infringe a copyright.

There are no filing requirements for trade secrets.

In the United States, a patent is given to the first person to invent a product or process.

RockStar Software, Inc., develops a new series of performance-related video games. This software is most likely protected by

Canada and the United States are signatories of the Berne Convention. Doug, a citizen of Canada, publishes a book first in Canada and then in the United States. Doug's copyright must be recognized by

A marketing technique is a trade secret.

Fiona invents a new deep-sea fishing net, which she names "Great Catch." She also writes the operating manual to be included with each net. Fiona could obtain copyright protection for

Mace copies Nick's book, Off the Beaten Path, in its entirety and sells it to Parkland Books, Inc., without Nick's permission. Parkland publishes it under Mace's name. This is

A person who distributes file-sharing software is not liable for a resulting act of infringement by a third party.

A trade name cannot be registered with the federal government unless it is also a trademark or a service mark.

A generic term receives no protection under trademark law unless it acquires a secondary meaning.

Li'l Canine Company (LCC) uses a trademark that neither LCC nor anyone else has registered with the government. Under federal trademark law, LCC

A patent applicant must demonstrate that the invention, discovery, or design is commercially practicable to receive a patent.

A party who unintentionally uses the trademark of another is not liable for trademark infringement.

A person can reproduce copyrighted material for purposes such as teaching, including multiple copies for classroom use, without paying royalties.

In 2011, Sara writes Terror at the Track, a novel about racecar driving. Sara does not register the work with the appropriate government office. Under federal copyright law, Sara's work is protected

Bubbly Cola features Sparkly Cola's trademark without its owner's permission. Bubbly's use of the mark is actionable provided

Hawk Corporation begins making and selling motorcycles in 2000 under the mark "Hawk." Ten years later, Hawk.com, Inc., a different company selling medical equipment and supplies, begins to use "hawk" as part of its URL and registers it as a domain name. Can Hawk Corporation stop Hawk.com's use of "hawk" If so, what must the motorcycle-maker show