Exam 6: Intellectual Property and Internet Law

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

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 generic term is not protected under trademark law unless it acquires a secondary meaning.

A license permits the use of intellectual property for certain limited purposes.

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

Which of the following CANNOT be registered as a trade name?

Billy opens a bicycle shop that sells an innovative new kind of bicycle.He decides to call the bicycles "Bicycles." Billy extensively markets his product,has a high sales volume and becomes well known for selling Bicycles.The term Bicycle

Wendy works as a weather announcer for a TV station under the character name Weather Wendy.Wendy can register her name as a

RiteMade Machinery,Inc.,designs,makes,and sells a drill press.Steel Equipment Company copies the design without RiteMade's permission.Steel's conduct is actionable provided

In cyberspace,no two businesses can use the same domain name.

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

Foreign firms cannot obtain U.S.patent protection on items that they sell in the United States.

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.

In 2010,Online Marketing Corporation registers its trademark as provided by federal law.After the first renewal,this registration

James buys a copy of the book The Black Stallion.Later,after reading the book,James sells the book to his sister.James's sale of the book is

E-Shopping Corporation inserts Fiesta Mall,Inc.'s trademark as a meta tag in E-Shopping's Web site's key-words field without Fiesta's permission in a manner that suggests Fiesta authorized the use.This is

Anyone who writes a book has automatic international copyright protection-even in nations that are not parties to international agreements relating to intellectual property rights.

The idea for "On Your Mark," a computer game featuring racing cars,is protected by

Megan goes to visit her friend Kathleen.While visiting,Megan downloads Kathleen's copy of Photoshop onto her computer's random access memory without Kathleen's permission.Megan is guilty of

The owner of intellectual property may put restrictions on the use of the intellectual property in a license agreement.