Exam 8: Intellectual Property and Internet Law

In Case 8.1, The Coca-Cola Co. v. The Koke Co. of America, when the Koke Company of America marketed its cola product under the name "Koke," it infringed the Coca-Cola Company's

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

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

It is possible to copyright an idea.

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

In determining whether copyright protection should be granted, the cen?tral issue is the idea that forms the basis for a work.

Rita copies Sam's book, Two for the Show, in its entirety and sells it to USA Books, Inc., without Sam's permission. USA publishes it under Rita's name. This is

A patent applicant must demonstrate that an invention is "commercially practicable" to receive a patent.

A list of customers is not a trade secret.

Delightful Toys, Inc., makes EZ Goo, a children's toy. Without Delightful'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.

In the United States, a patent is given to the first person to file for it.

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

Rockstar Software, Inc., develops the software for a new series of computer games. Under the law that applies to trade secrets, this software is pro?tected in

Excel Goods, Inc., and Finest Products Corporation use the mark "Good Housekeeping Seal of Approval" to certify the quality of their products. Excel and Finest are not in business together and do not own this mark. The mark is

Intentionally distributing pirated, copyrighted works is not a crime.

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

In determining whether copyright protection should be granted, the cen?tral issue is the way in which a particular idea is expressed.

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.

Original, Inc., sells its product under the name "Phido." Quik Corporation begins to market a similar product under the name "Fido." This is