Exam 8: Intellectual Property and Internet Law

It is possible to copyright an idea.

Each member country of the TRIPS agreement must include in its domestic laws broad intellectual property rights.

Home Products Company and House & Yard, Inc., use the mark "Good Housekeeping Seal of Approval" to certify the quality of their products. Home Products and House & Yard are not in business together and do not own this mark. This mark is

Exchanging pirated, copyrighted works with others is a not crime unless money is involved.

Standard Corporation can not claim a trademark in the phrase "Quality Is Standard" if the phrase

A certification mark distinguishes products approved, or "certified," by the government.

A fanciful use of ordinary words may be trademarked.

A famous trademark may be diluted only by the unauthorized use of an identical mark.

College Copy Shop (CCS) compiles, copies, and sells reading materials to students on the instructions of their professors, who indicate which parts of which publications should be included. 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. Which type of intellectual property is involved in this situation What is CCS's likely defense How is a court most likely to rule Explain.

A trademark must be registered to support a trademark infringement action.

Almost anything is patentable.

Ellen publishes a book titled First Place, which includes a chapter from Frank's copyrighted book Great Racecar Drivers. Ellen's use of the chapter is actionable provided

Paula develops a new espresso machine, which she names "Quik Shot." She also writes the operating manual. Paula can obtain trademark protection for

A collective mark distinguishes products that are likely to be of interest to collectors.

Mary Kate Corporation allows Ashley Company to use Mary Kate's trademark as part of Ashley's domain name. This is

Beans Coffee & Cocoa Company makes and sells a chocolate-flavored coffee drink under the name "CoCoCafe." Darkroast Java, Inc., later markets a similar tasting drink under the name "KoKoKafe." This is most likely

Copyright protection is automatic-registration is not required.

Diamond Financial Planners employs Ella, who is the firm's most productive performer. Ella, dissatisfied with the commission structure, quits to work for Feldstar Investments, Inc. She takes her list of Diamond clients to induce them to switch to Feldstar. Trade secrets law covers

Kim uses, on her new recording Drive By, the guitar solo from Alex's sound recording without his permission. This is

Anyone who writes a book has automatic copyright protection in every country in the world.