Exam 5: Intellectual Property and Internet Law

The unauthorized use of a "famous" trademark is prohibited only if the unauthorized user competes directly with the owner of the mark.

A formula for a chemical compound can be a trade secret.

A collective mark is used to distinguish the services of one person or company from those of another.

An American who writes a book has copyright protection in every country in the world.

To establish trademark dilution,an alleged infringer's use of a mark identical to a "famous" mark must actually reduce the value of that mark.

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

An arbitrary use of ordinary words may not be trademarked.

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

A generic term is not protected under trademark law unless it acquires a secondary meaning.

A person can reproduce copyrighted material for purposes such as teaching,including multiple copies for classroom use,without paying royalties.

Loading a file into a computer's random access memory constitutes the making of a "copy" for purposes of copyright law.

Carol buys Dan's book,Expedition!,photocopies more than half of it without his permission,and sells the copies without paying him royalties.This is

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

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

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.Sam's copyright is infringed by

Standard Corporation can not claim a trademark in the phrase "Quality Is Standard" if the phrase

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

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

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

Copy Products,Inc. ,uses,in its ads,a trademark that is similar,but not identical,to a distinctive mark used by Durable Goods,Inc.Copy's use of the mark is actionable