Exam 14: Intellectual Property and Internet Law

For five years,baby-food makers Baby-One Corporation and Baby-B-Mine,Inc. ,both use the phrase "Tastes Good" on their labels.Baby-One files a suit against Baby-B-Mine,claiming trademark infringement.Baby-B-Mine argues that the phrase is not generally associated with any particular firm,pointing to other companies that use the same phrase on their labels.In whose favor is the court most likely to rule,and why?

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Question 1

Correct Answer:

Verified

The court is most likely to rule in favor of the defendant Baby-B-Mine,because the phrase "Tastes Good" is generic and therefore cannot be owned by the plaintiff Baby-One.That the phrase is generic is indicated by it use by other companies on their labels.Also,that both baby-food makers have used the phrase on their labels for the same period of time supports a finding that the phrase is generic.The court might consider the words of the phrase,"tastes" and "good," and reason that there is nothing distinctive about the words or their combination,nor has the phrase developed a secondary meaning or any other attributes that would support a conclusion in the plaintiff's favor.

Ross e-mails Super Surfboard Company's marketing campaign to Summer Sports Corporation,Super's competitor,without its permission.This is

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Question 2

Correct Answer:

Verified

A suggestive use of ordinary words may not be trademarked.

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(True/False)

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Question 3

Correct Answer:

Verified

False

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

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Question 4

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

(Multiple Choice)

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Question 5

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

(True/False)

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Question 6

Garland publishes a book titled Half Pipe,Full Throttle,which includes a chapter from Ian's copyrighted book Snowboarder.Garland's use of the chapter is actionable provided

(Multiple Choice)

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Question 7

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

(Multiple Choice)

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Question 8

Pricing information is not a trade secret.

(True/False)

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Question 9

In 2011,Sara writes Terror at the Track,a novel about racecar driving.Sara does not register the work with the appropriate government office.Under federal copyright law,Sara's work is protected

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Question 10

Kay and Leo copy and exchange MP3 music files over the Internet without anyone's permission.With respect to songs owned by Natural Recording Company,this is

(Multiple Choice)

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Question 11

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

(Multiple Choice)

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Question 12

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

(Multiple Choice)

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Question 13

Hawk Corporation begins making and selling motorcycles in 1995 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?

(Essay)

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Question 14

Gas Up,Inc. ,designs and makes a fuel injection system that copies parts of Hybrid Corporation's designs without Hybrid's permission.This is most likely

(Multiple Choice)

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Question 15

The theft of trade secrets is not a crime unless a contract is breached.

(True/False)

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Question 16

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

(True/False)

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Question 17

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

(Multiple Choice)

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Question 18

A trade name cannot be protected if it is unusual or fanciful.

(True/False)

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Question 19

There are no registration requirements for trade secrets.

(True/False)

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Question 20

Showing 1 - 20 of 42

Exam 14: Intellectual Property and Internet Law

Ross e-mails Super Surfboard Company's marketing campaign to Summer Sports Corporation,Super's competitor,without its permission.This is

A suggestive use of ordinary words may not be trademarked.

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

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

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

Garland publishes a book titled Half Pipe,Full Throttle,which includes a chapter from Ian's copyrighted book Snowboarder.Garland's use of the chapter is actionable provided

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

Pricing information is not a trade secret.

In 2011,Sara writes Terror at the Track,a novel about racecar driving.Sara does not register the work with the appropriate government office.Under federal copyright law,Sara's work is protected

Kay and Leo copy and exchange MP3 music files over the Internet without anyone's permission.With respect to songs owned by Natural Recording Company,this is

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

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

Gas Up,Inc. ,designs and makes a fuel injection system that copies parts of Hybrid Corporation's designs without Hybrid's permission.This is most likely

The theft of trade secrets is not a crime unless a contract is breached.

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

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

A trade name cannot be protected if it is unusual or fanciful.

There are no registration requirements for trade secrets.

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