Exam 6: Intellectual Property

Outsourcing Inc. registers a domain name that is the same as the trademark of Resourcing LLC and then offers to sell the domain name to the mark's owner. Outsourcing's use of Resourcing's mark is

Material on the Internet, including software and database information, is not copyrightable .

Intellectual property is property resulting from intellectual, creative processes.

Works created before January 1, 1978, receive no copyright protection.

The Anti-Counterfeiting Trade Agreement applies to counterfeit physical goods, but does not yet apply to counterfeit works distributed online.

Tapping into a competitor's computer to appropriate confidential business information is a theft of trade secrets.

Phoenix Inc. is a publisher. Phoenix uses a logo featuring a bird rising from a flame to identify its publications. These publications are produced by a uniquely efficient process that includes a newly invented 3-D printer. Phoenix could most likely obtain trademark protection for its

With respect to a patented process, all steps or their equivalent must be copied for infringement to occur.

"Dawn" is a song included in the sound track of "eDay," a movie produced and distributed by FasTrac Corporation. The song features a digital sampling of a few seconds of the guitar solo of one of George Harrison's copyrighted sound recordings without permission. Does this digital sampling constitute copyright infringement on the part of FasTrac? Explain.

Apex Electrical Inc. in Missouri and Apex Foundations LLC in New Jersey each own the trademark "Apex." The domain name apex.com can be used on the Internet by

URL LLC is an Internet service provider. URL is liable for the copyright infringement of a subscriber

The first person to file an application for a patent receives patent protection against later filers.

The word "Facemaker" used in reference to a chain of beauty stores is sufficiently fanciful to obtain protection as

Fanciful trademarks are sometimes considered to be among the most distinctive trademarks.

Only the federal government provides for the registration of trademarks .

Without permission, Race Runners Inc. uses a trademark that is similar to the registered mark of rival shoe company Swiftfoot, Inc. This use of the mark could constitute

Service marks are protected differently than trademarks.

Jim Johnson forms a dog walking business and advertises his services using a canine character called "Super Dawg." The advertisements featuring "Super Dawg" feature Johnson's name, address, and phone number for customers to contact. "Super Dawg" is most likely protectable as a

A descriptive term is protected under trademark law if it acquires a secondary meaning.

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