Exam 5: Intellectual Property and Internet Law

Beans Coffee & Cocoa Company makes and sells a chocolate-flavored coffee drink under the name "CoCoCafe." Darkroast Java, Inc., later markets a similar drink under the name "KoKoKafe." This is most likely

A copyright owner must place a © or an ® on the work to have the work protected from copyright infringement.

Megan goes to visit her friend Kathleen. While visiting, Megan downloads Kathleen's copy of Photoshop onto her computer's random access memory without Kathleen's permission. Megan is guilty of

In cyberspace, trademarks are sometimes called cyber marks.

Copyright protection is automatic-registration is not required.

The TRIPS agreement covers computer programs.

Foreign firms cannot obtain U.S. patent protection on items that they sell in the United States.

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

Information that is not or cannot be protected under trademark, patent, or copyright law may be protected under the law of trade secrets.

College Copy Shop (CCS) compiles, copies, and sells reading materials to students. The compilations are prepared on the instructions of professors, who indicate which parts of which publications should be included for their students. The copied materials 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 their 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.

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

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