Question 1

Fact Pattern 9-2​
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 9-2. 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 domain name that is a deliberate misspelling of CallTalk's domain name, without authorization, for the purpose of selling pornographic phone conversations is likely to cause trademark dilution. Trademark dilution occurs when a trademark is used in a way that lessens its ability to identify and distinguish the goods or services of the trademark owner.

Question 2

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

Accepted Answer

Using another company's trademark in a meta tag without permission is considered trademark infringement.

Question 3

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 4

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

Accepted Answer

This is typosquatting, as Robert has deliberately registered a domain name that is a misspelling of a popular brand in order to profit from any traffic or confusion generated by internet users mistyping the correct domain name.

Question 5

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

Accepted Answer

Unauthorized digital downloads and file-sharing have caused significant revenue loss for both the motion picture industry and recording artists and their labels. It has also created problems for the companies that distribute file-sharing software, as they may face legal action for facilitating copyright infringement. Therefore, all of the choices are correct.

Question 6

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 Digital Millennium Copyright Act prohibits the manufacture and sale of devices and services designed to circumvent encryption software, so InfoFree's activities would be considered a violation of copyright law.

Question 7

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

Accepted Answer

Sharing resources among multiple computers without requiring a central network server is a characteristic of peer-to-peer (P2P) networking. Digital sampling refers to the process of converting analog sound waves into binary code, cybersquatting is a form of domain name hijacking, and cloud computing involves accessing shared computing resources over the internet.

Question 8

Fact Pattern 9-2​
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 9-2. 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 of consumer confusion or similarity of products; it focuses on the weakening of a famous mark's distinctiveness.

Question 9

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 without permission is a clear violation of the intellectual property rights of the owners of those images and materials. Social networking site users are not exempt from intellectual property laws.

Question 10

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 11

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

This is a license because BurgerBoy Restaurant Corporation is allowing BurgerBoyNY, Inc. to use their trademark as part of their domain name without giving ownership rights in the mark. A license grants permission to use the trademark in a limited capacity without transferring ownership.

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

Jason's actions constitute copyright infringement as he is distributing copyrighted music recordings without authorization from the copyright owners. The fact that he is not charging his friends does not make it legal or authorized.

Question 13

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 easy process of buying and selling domain names can lead to cybersquatting, where individuals or entities register domain names with the intention of profiting from the goodwill of someone else's trademark or brand.

Question 14

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 15

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...

Question 16

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 17

Fact Pattern 9-2​
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 9-2. By using a domain name similar to CallTalk's, CellTalk is most likely

Accepted Answer

By intentionally choosing a domain name that is similar to CallTalk's, CellTalk is likely to cause confusion among customers and may dilute the quality of CallTalk's brand. This could constitute trademark infringement.

Question 18

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

This situation describes a license agreement where Riley has permission to use the app on their devices, but does not own the app itself.

Question 19

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

Accepted Answer

The subscription-based service provided by ConnectWeb, Inc. that extends the software and storage capabilities of its subscribers is an example of cloud computing. In cloud computing, users subscribe to a service that provides them with access to remote servers, software, and storage capability. This allows users to maximize their resources, reduce costs, and access advanced technology without needing to invest in expensive infrastructure or incur significant maintenance costs.

Question 20

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

Accepted Answer

Dana's actions of downloading music without authorization infringes on the owner's copyright, which is illegal.

Quiz 9: Internet Law, Social Media, and Privacy