Exam 14: Intellectual Property and Internet Law

E-Shopping Corporation inserts Fiesta Mall,Inc.'s trademark as a meta tag in E-Shopping's Web site's key-words field without Fiesta's permission in a manner that suggests Fiesta authorized the use.This is

The process behind the production of "Numb3rs," a suite of business accounting and inventory software,is protected by

Symphony,Inc. ,a U.S.jewelry designer and maker,files a suit against Kawa,Ltd. ,a Japanese jewelry maker,for the infringement of intellectual property rights under Japan's national laws.Under the TRIPS agreement,Symphony is entitled to receive

A personal name is protected under trademark law if it acquires a secondary meaning.

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

Max plots a new Batman adventure and carefully and skillfully imitates the art of DC Comics to create an authentic-looking Batman comic.Max is not affiliated with the owners of the copyright to Batman.Can Max publish the comic without infringing on the owners' copyright

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.

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

International copyright protection is automatic-even in nations that have not signed international agreements relating to intellectual property rights.

Kim uses,on her new recording Let's Go,the guitar solo from Malcolm's digital sound recording without his permission.This is

Trevor's business is The Spicy Chocolatier Café chain."The Spicy Chocolatier Café" is

A trade name cannot be registered with the federal government unless it is also a trademark or a service mark.

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

State and federal governments provide for the registration of trademarks.

An applicant cannot register a trademark on the basis of an intention to use the mark in commerce.

Donna makes and distributes copies of Every Good Boy Does Fine,a movie copyrighted by Great Films Corporation,without Great Films' permission.Donna may be liable for

Standard Corporation can not claim a trademark in the phrase "Quality Is Standard" if the phrase

Sincere Forms,Inc. ,uses,in its ads,a trademark that is similar,but not identical,to the famous,registered mark of Desired Objects,Inc.Sincere's unauthorized use of the mark constitutes trademark dilution provided

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

Ric designs a new computer hard drive,which he names "Sci Phi." He also writes the operating manual to be included with each final product.Ric could obtain patent protection for