Exam 8: Intellectual Property and Internet Law

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

Cathy uses, on her new recording Drive By, the melody of a song written by Ed, without Ed's permission. This is

Ellen publishes a book titled First Place, which includes a chapter from Frank's copyrighted book Great NASCAR Drivers without his permission. Ellen's use of the chapter is actionable

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

An arbitrary use of ordinary words may not be trademarked.

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

Pola develops a new espresso machine, which she names "Sure Shot." She also writes the operating manual. Pola can obtain trademark protection for

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

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

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

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

Theft of confidential data by industrial espionage is a theft of trade secrets.

Rockstar Software, Inc., develops a new series of performance-related video games. The games are most likely protected by

Copyright protection is automatic-registration is not required.

State and federal governments provide for the registration of trademarks.

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

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

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

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

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.