Exam 5: Intellectual Property and Internet Law

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

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

A marketing technique can be a trade secret.

Sights Unseen,Inc.,(SUI)sells scopes with distinctively designed and made lenses and mirrors to scientists.Telescopes,Etc.Corporation later begins to sell scopes with identical set-ups of lenses and mirrors,without SUI's permission,to consumers.This is most likely

Downloading software or music into a computer's random access memory without authorization is copyright infringement.

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

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

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

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

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

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

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

Trade dress has the same legal protection as trademarks.

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

Ernie's Good Eatin' Cafe uses a distinctive decor,layout,menu,and style of service.This restaurant's image and overall appearance is

There are no registration requirements for trade secrets.

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

Because the Internet is vast,the unauthorized use of another's mark in a domain name is generally permissible.

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