Exam 5: Intellectual Property and Internet Law

In 2002, Hawk Corporation begins making and selling electric motorcycles 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?

Anyone who writes a book has automatic international copyright protection.

A trademark can be diluted by the use of a similar mark.

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

Trade names have the same legal protection as trademarks.

It is possible to copyright an idea.

Zoe invents "All for One," new business inventory control software, and applies for a patent. If Zoe is granted a patent, it will protect her product

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

Mace copies Nick's book, Mumbai Monsoon, in its entirety and sells it to Parkland Books, Inc., without Nick's permission. Parkland publishes it under Mace's name. This is

The TRIPS agreement covers computer programs.

A copyright owner must place a or an on the work to have the work protected from copyright infringement.

The states and the federal government provide for the registration of trademarks.

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

In cyberspace, trademarks are sometimes called cyber marks.

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

College Copy Shop (CCS) compiles, copies, and sells reading materials to students. The compilations are prepared on the instructions of professors, who indicate which parts of which publications should be included for their students. The copied materials 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 their 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.

Pricing information is not a trade secret.

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

The need to protect intellectual property is recognized in the Declaration of Independence.

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