Question 1

Grain Mill Company brings a suit against Milled Grain Company under the Anticybersquatting Consumer Protection Act, alleging that Milled Grain is profiting from a domain name that is confusingly similar to Grain Mill's trademark. If Grain Mill is successful, a recovery may include

Accepted Answer

Under the Anticybersquatting Consumer Protection Act, if Grain Mill Company is successful in its suit against Milled Grain Company, it may recover actual damages and profits that resulted from the violation. The Act allows for the recovery of a defendant's profits, any damages sustained by the plaintiff, and the costs of the action. Statutory damages can also be awarded, but the amounts specified in options B and C are not accurate according to the Act.

Question 2

Far & Wide Corporation uses the trademark of Google Inc. in a meta tag without Google's permission. This is

Accepted Answer

The use of Google's trademark by Far & Wide Corporation in a meta tag without permission is a clear case of trademark infringement. This is because the use of Google's trademark is likely to cause confusion among consumers, making them believe that Far & Wide Corporation is affiliated with or endorsed by Google.

Question 3

Robert registers a domain name-sweetfriedpotatos.com-that is a misspelling of a popular brand-sweetfriedpotatoes.com. This is

Accepted Answer

Typosquatting is registering a domain name that is a misspelling of a popular brand or website with the intent of capitalizing on traffic that the legitimate website or brand would receive. Cybersquatting involves registering a domain name that is identical or confusingly similar to a famous trademark with the intent of selling it back to the trademark owner or using it to unfairly profit from the brand's goodwill. Trademark infringement involves using a trademark without permission in a way that is likely to cause confusion or dilution of the trademark's value. Trademark dilution involves using a famous trademark in a way that harms the reputation or distinctiveness of the trademark. While sweetfriedpotatos.com is not identical to sweetfriedpotatoes.com, it is a common misspelling, and the intent may be to capitalize on traffic to the legitimate website, making it an example of typosquatting.

Question 4

Eddie and other users of Facebook and other social networking sites post trademarked images and copyrighted materials on these sites without permission. This is

Accepted Answer

Posting trademarked images and copyrighted materials on social networking sites without permission is a clear violation of the intellectual property rights of the owners of those materials. It is important to obtain proper permissions before sharing or posting any copyrighted material.

Question 5

Dana downloads music into her computer's random access memory, or RAM, without authorization. This is

Accepted Answer

Downloading music without authorization is considered copyright infringement, which is illegal.

Question 6

To test computer security and conduct encryption research, Tech Solutions Inc. circumvents the encryption software and other technological antipiracy protection of United Business Corporation's software. Under the Digital Millennium Copyright Act, this is

Accepted Answer

The answer of To test computer security and conduct encryption...

Question 7

BurgerBoy Restaurant Corporation allows its trademark to be used as part of a domain name for BurgerBoyNY, Inc., an unaffiliated company. BurgerBoyNY does not obtain ownership rights in the mark. This is

Accepted Answer

BurgerBoy Restaurant Corporation has granted BurgerBoyNY, Inc. a license to use its trademark as part of its domain name. This means that BurgerBoyNY, Inc. has permission from BurgerBoy Restaurant Corporation to use its trademark, but it does not obtain ownership rights in the mark. This is not trademark infringement because BurgerBoy Restaurant Corporation has given permission for its mark to be used. It is also not fair use, as fair use is a defense to trademark infringement and does not involve permission. It is not trademark dilution, as there is no evidence that BurgerBoyNY, Inc.'s use of the mark is causing it to lose its distinctiveness.

Question 8

ConnectWeb, Inc., operates a subscription-based service that extends the software and storage capabilities of its subscribers. This is

Accepted Answer

The given descriptions match the characteristics of cloud computing, which enables the subscribers to access and use software applications and storage from any location with an internet connection. Dilution refers to a decrease in the value of shares due to the issuance of new shares, peer-to-peer (P2P) networking involves direct communication between nodes without a central server or authority, and a distributed network refers to a system that uses multiple nodes to process and store data.

Question 9

Web Marketing Inc. buys and sells domain names with the click of a mouse. A domain name can be bought and sold many times. Each change of owner is registered automatically as part of a mass registration. In this environment

Accepted Answer

The ease of buying and selling domain names makes it easier for cybersquatters to purchase domain names that belong to well-known brands and sell them at inflated prices or use them for fraudulent purposes.

Question 10

InfoFree Inc. makes and sells devices and services for the circumvention of encryption software. Under the Digital Millennium Copyright Act, this is

Accepted Answer

The act of making and selling devices and services for the circumvention of encryption software is a violation of the Digital Millennium Copyright Act as it supports copyright infringement.

Question 11

The employees of Eco Engineering Inc. share company-related resources among multiple computers without requiring a central network server. This is

Accepted Answer

Peer-to-peer (P2P) networking allows sharing resources without requiring a central server.

Question 12

Jason transfers select copyrighted music recordings, without the copyright owners' authorization, through his computer and phone to his friends. Jason does not charge his friends for his "service." This is

Accepted Answer

This is copyright infringement because Jason is transferring copyrighted music recordings without the permission of the copyright owners.

Question 13

BeFriends Corporation uses the trademark of Community Life Inc., a social media site, as a meta tag without Community Life's permission. This may be permissible

Accepted Answer

Using another company's trademark as a meta tag without permission is generally not permissible under trademark law, as it can cause confusion, mistake, or deception regarding the affiliation, connection, or association of the two companies, or the origin, sponsorship, or approval of the appropriating site's goods, services, or commercial activities by the trademark owner.

Question 14

Because of the loss of significant amounts of revenue as a result of unauthorized digital downloads, file-sharing has created problems for

Accepted Answer

File-sharing has caused significant revenue loss for the motion picture and recording industry, as well as created legal and ethical issues for companies that distribute file-sharing software. Therefore, option D, all of the choices, is the correct answer.

Question 15

Fact Pattern 14-2
CallTalk Corporation, a smartphone and phone-time seller, chooses to use and register "calltalk" as its domain name. Later, CallTalk's less successful competitor, CellTalk Company, chooses to use and register "caltalk" (an intentional misspelling of "calltalk") as its domain name.
Still later, Call&Talk, Inc., uses the domain name "callltalk" (also a deliberate misspelling of "calltalk") without CallTalk's authorization, to sell pornographic phone conversations.
-Refer to Fact Pattern 14-2. Call&Talk's use of the domain name "callltalk," without CallTalk's authorization, to sell pornographic phone conversations, is

Accepted Answer

Call&Talk's use of a deliberate misspelling of CallTalk's domain name "calltalk" to sell pornographic phone conversations without authorization constitutes trademark dilution. This is because it may cause confusion among consumers as to the origin of the goods or services, and weaken the distinctiveness of CallTalk's trademark.

Question 16

Riley obtains permission from Saga Company to use the firm's game app on Riley's smartphone, tablet, and other mobile device. But Riley does not obtain ownership rights in the app. This is

Accepted Answer

Riley has obtained a license from Saga Company to use their game app on their devices. This means that Riley has legal permission to use the app, but does not own it.

Question 17

Fact Pattern 14-2
CallTalk Corporation, a smartphone and phone-time seller, chooses to use and register "calltalk" as its domain name. Later, CallTalk's less successful competitor, CellTalk Company, chooses to use and register "caltalk" (an intentional misspelling of "calltalk") as its domain name.
Still later, Call&Talk, Inc., uses the domain name "callltalk" (also a deliberate misspelling of "calltalk") without CallTalk's authorization, to sell pornographic phone conversations.
-Refer to Fact Pattern 14-2. CallTalk wants to sue Call&Talk for its unauthorized use of the domain name "callltalk" on a theory of trademark dilution. This claim requires proof that

Accepted Answer

Trademark dilution does not require proof that consumers are likely to be confused by the names, that the products involved are similar, or that all variations of the name have been registered. It focuses on the unauthorized use of a mark that is identical or similar to a famous mark, which could dilute its distinctiveness or tarnish its image, regardless of the presence of competition or likelihood of confusion.

Question 18

Basso includes in his song "Chords" a few seconds of Dante's copyrighted sound recording "Etudes" without permission. Some federal courts have found that such digital sampling is

Accepted Answer

The answer of Basso includes in his song "Chords" a...

Question 19

Fact Pattern 14-2
CallTalk Corporation, a smartphone and phone-time seller, chooses to use and register "calltalk" as its domain name. Later, CallTalk's less successful competitor, CellTalk Company, chooses to use and register "caltalk" (an intentional misspelling of "calltalk") as its domain name.
Still later, Call&Talk, Inc., uses the domain name "callltalk" (also a deliberate misspelling of "calltalk") without CallTalk's authorization, to sell pornographic phone conversations.
-Refer to Fact Pattern 14-2. By using a domain name similar to CallTalk's, CellTalk is most likely

Accepted Answer

CellTalk's use of a domain name that is intentionally similar to CallTalk's may cause confusion among consumers, diminish the distinctiveness of CallTalk's mark, and potentially harm the reputation of the company. This behavior is likely to be viewed as trademark infringement.

Question 20

Without authorization, Bennie uses the trademark of Cielo Coffee Company to promote cheap, flavorless candy, which is not similar to Cielo's products but diminishes the quality of the coffee company's mark. This is

Accepted Answer

The answer of Without authorization, Bennie uses the trademark of...

Quiz 14: Internet Law, Social Media, and Privacy