Intellectual Property Law

Chapter 23 Internet Resources Solutions

1. Review California Civil Code Section 3344. If candidate Ted Cruz uses candidate
Marco Rubio’s name in a print ad without his consent, is there a violation of
Marco Rubio’s right of publicity?
No. The statute expressly states that the use of a name in connection
with a political campaign is not a use for which consent is required.

2. Access WIPO’s website and review the Paris Convention, specifically Article 10.
If one makes a false allegation to discredit a competitor’s establishment, what
section has been violated?
Article 10 bis (3)(2) has been violated.

3. Access the website of the World Trade Organization. Review its Glossary. What
is the definition of “counterfeit”?
Counterfeit is defined as follows: “Unauthorized representation of a
registered trademark carried on goods identical or similar to goods
for which the trademark is registered, with a view to deceiving the
purchaser into believing that he/she is buying the original goods.”

4. Access the website of the FTC and review its Endorsement Guides. If you have a
website that reviews local restaurants, do you need to disclose that the restaurants
have given you free meals?
Yes. The Endorsement Guides state, “If you get free meals, you should
let your readers know so they can factor that in when they read your
reviews.”