Exam 8: B: Intellectual Property and Internet Law

Phil invents "PhutureNow," new Web site design software,and applies for a patent.If Phil is granted a patent,his invention will be protected

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

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

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

A service mark distinguishes products used by the government.

A copy must be exactly the same as the original to infringe a copyright.

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

Like most successful companies,Paychex,Inc. ,has trade secrets.The law protects those secrets if

Elementals,Inc. ,makes computer chips iden?tical to Flik Quik Corporation's patented chip,except for slight dif?fer?ences in the "look," without Flik's permission.This is most likely

Hawk Corporation begins making and selling motorcycles in 1995 under the mark "Hawk." Ten years later,Hawk.com,Inc. ,a differ?ent 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?

Ernie's Good Eatin' Cafe uses a distinctive decor,layout,menu,and style of service.This restaurant's image and overall appearance is

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

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

There are no registration requirements for trade secrets.

Pricing information is not a trade secret.

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

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

Switch/On Company develops "Instant," software to speed the display of graphics on Web sites."Instant" has the most copyright protection under

Under the Madrid Protocol,a company can register its trademark in more than one country with a single application.

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 particu?lar 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?