Exam 5: Intellectual Property and Internet Law

Ewa is Diamond Financial Planners' most productive employee. She is dissatisfied with the commission structure, however, so she quits to work for Feldstar Investments, Inc. When she leaves Diamond's employ, she takes her list of Diamond's clients so that she can induce them to switch to Feldstar. Trade secrets law covers

Riley invents a new valve to cap undersea oil spills. He names the valve "Great Catch." He also writes the installation manual to be included with each valve. Riley can obtain copyright protection for

A beverage company that competes with Coca-Cola Company cannot call its products "Koke."

John Jones decides to use his personal name for a line of clothing he is developing. Whether or not the name John Jones acquires a secondary meaning will depend on

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

Sayers is very clever and spends lots of time creating new things. Which of the following is not copyrightable?

A patent and a copyright are examples of intellectual property, but a trademark is not an example of intellectual property.

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

A trademark does not need to be registered to support a trademark infringement action.

Trevor's operates The Spicy Chocolatier Café chain of restaurants. "The Spicy Chocolatier Café" is a

A fanciful use of ordinary words may be trademarked.

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

Copyright protection is automatic-registration is not required.

Ryan invents a pen that digitally "remembers" what is written or drawn with it. To obtain a patent for the pen, Ryan does not have to show that it is

Jeannie runs a dude ranch called J Bar B Dude Ranch and has a Web site called www,jbarbduderanch.com. Ben starts another dude ranch and registers a Web site called www,jbarbduderanch.com. Ben is

A customer list is not a trade secret.

Go! is a handheld video game featuring races between imaginary creatures and vehicles. The graphics used in the game are protected by

A trade name can be protected if it is unusual or fanciful.

Patent infringement is a tort.

Joey reproduces Mina's copyrighted work Storm on the Mountain without paying royalties. Joey is most likely excepted from liability for copyright infringement under the "fair use" doctrine if