Exam 5: Intellectual Property and Internet Law

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

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

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

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

A service mark distinguishes products used,or "put into service," by the government.

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

A suggestive use of ordinary words may not be trademarked.

A fanciful use of ordinary words may be trademarked.

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

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

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

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

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

New Apps Company develops "Browser Lite," software to speed the display of graphics on Web sites.Browser Lite has the most copyright protection under

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

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?

Kay and Leo copy and exchange MP3 music files over the Internet without anyone's permission.With respect to songs owned by Natural Recording Company,this is

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

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

A personal name is not protected under trademark law unless it acquires a secondary meaning.