Exam 5: Intellectual Property and Internet Law

Phil invents "PhutureNow," new Web site design software,and applies for a patent.If Phil is granted a patent,his invention will be protected

In the United States,a patent is given to the first person to file for it.

A fanciful use of ordinary words may be trademarked.

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

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

Trademark dilution requires proof that consumers are likely to be confused by the unauthorized use of the mark.

A list of customers cannot be a trade secret.

Delite Toys,Inc.,makes EZ Goo,a famous children's toy.Without Delite's consent,Fast Adhesives Company begins to use "ezgoo" as part of the URL for Fast's Web site.Fast claims that no consumer would confuse the Web site with the toy.Fast has committed

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

Trek Transport Company uses a mark associated with its name to distinguish its services from those of other trucking firms.This mark is

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

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

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

Patent infringement occurs only if an invention is copied in its entirety.

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

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

Copy Products,Inc.,uses,in its ads,a trademark that is similar,but not identical,to the famous,registered mark of Imitated Goods,Inc.Copy's unauthorized use of the mark constitutes trademark dilution provided

There are no registration requirements for trade secrets.

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

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