Question 1

Mix Restaurant Corporation owns the trademark "Mix." Remix Café Company begins to use the mark without authorization as a domain name. Mix files a suit against Remix on a theory of trademark dilution. This claim requires proof that

Accepted Answer

A claim of trademark dilution does not require proof of consumer confusion or similarity of products. It is based on the premise that the unauthorized use of a trademark weakens its distinctiveness and uniqueness over time. Therefore, none of the choices provided are requirements for proving a claim of trademark dilution.

Question 2

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 (DMCA) specifically prohibits the creation, distribution, and use of technology designed to circumvent encryption or digital rights management software. This is considered a violation of copyright law under the DMCA.

Question 3

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

Accepted Answer

This is an example of typosquatting, which is the act of registering a domain name that is a misspelling of a popular brand or website in order to redirect traffic to a different site or to profit from the traffic through advertising revenue. It is not considered cybersquatting because Ross did not register a domain name that is identical to a trademarked brand. Similarly, it is not trademark infringement because Ross is not using the trademarked name itself. Lastly, it is not trademark dilution because Ross's use of the misspelled domain name is unlikely to blur or tarnish the famous brand's distinctiveness or reputation.

Question 4

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, 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 in choices B and C are not accurate representations of the statutory damages available under the Act.

Question 5

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

The use of a trademark as a meta tag without permission may be considered trademark infringement regardless of whether the appropriating site has any relation to the meta tag or whether the two sites appear in the same search engine results. Therefore, the use is not permissible in any of these circumstances.

Question 6

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 7

Afford Motors LLC, an auto broker, uses the trademark of Ford Motor Corporation in a meta tag without Ford's permission. This is

Accepted Answer

Using a trademark in a meta tag without permission is trademark infringement, as it implies an association or endorsement by the trademark owner.

Question 8

CallTalk Corporation, a phone-time seller, uses its mark "calltalk" as its domain name. Later, Converse Inc. uses the domain name "callltalk" (a deliberate misspelling of "calltalk") without CallTalk's authorization, to sell sexually explicit phone conversations. This is

Accepted Answer

Converse Inc. is using a deliberately similar domain name to CallTalk's trademarked domain name in order to sell a completely unrelated product. This is likely to cause confusion among consumers and dilute the strength of CallTalk's trademark. Therefore, this is a case of trademark dilution.

Question 9

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

Accepted Answer

The employees of Eco Engineering Inc. are using a peer-to-peer (P2P) networking system to share company-related resources among multiple computers without requiring a central network server.

Question 10

Jase transfers selected musical recordings, without the copyright owners' authorization, through his phone to his friends. Jase does not charge his friends for his "service." This is

Accepted Answer

Jase's action of transferring copyrighted musical recordings without the authorization of the copyright owner is a clear case of copyright infringement. It is illegal to distribute copyrighted material without permission from the owner.

Question 11

Rue obtains permission from Saga Company to use the firm's game app on Rue's mobile devices, but Rue does not obtain ownership rights in the app. This is

Accepted Answer

Rue has obtained a license, which is a legal agreement that allows the licensee (Rue) to use the licensed property owned by the licensor (Saga Company), but does not transfer ownership rights.

Question 12

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

Accepted Answer

This is a license agreement, where Burger Corporation is allowing Burger NY Inc. to use its trademark as part of its domain name without transferring the ownership rights.

Question 13

Pia registers a domain name-qualitytires.com-that is confusingly similar to the trademark of Quality Tires Inc. Pia has a "bad faith intent" to profit from the mark by selling the name to Quality Tires. This is

Accepted Answer

Pia's actions fall under cybersquatting, which is illegal under the Anticybersquatting Consumer Protection Act (ACPA). It prohibits registering or using a domain name that is confusingly similar to a trademark with the bad faith intent to profit from it. This is not a legitimate business practice and not a bid to obtain a license. Trademark dilution refers to the weakening of a trademark's distinctiveness.

Question 14

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

Accepted Answer

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

Question 15

Without authorization, Ben 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

This is an example of trademark dilution. Dilution occurs when a trademark is used without authorization to promote a product or service that is not similar to the owner's goods or services, but that lessens the distinctive quality of the mark. In this case, Ben's use of Cielo Coffee Company's trademark to promote low-quality candy diminishes the strength of the mark and causes confusion among consumers, potentially harming the coffee company's reputation.

Question 16

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

Accepted Answer

Dana's actions constitute copyright infringement, as she is accessing and using creative works without the permission of the copyright holder.

Question 17

Web Invest 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 buying and selling of domain names in this environment makes it easier for cybersquatters to engage in their activity of purchasing domain names in order to profit off of someone else's trademark or brand.

Question 18

Skye posts excerpts from comics and graphic novels on social networking sites without the permission of the owners of the copyrights to the illustrations and stories. This is

Accepted Answer

Skye is using content without permission from the copyright owners, which is a violation of their rights and constitutes copyright infringement.

Question 19

Flash Inc., a maker of athletic shoes, registers and uses "flash" as its domain name. Later, Got Shoes Company begins to use "flast" (an intentional misspelling of "flash") as its domain name. Got Shoes is most likely

Accepted Answer

Got Shoes is intentionally using a similar mark to Flash's registered mark, which may create confusion among consumers and diminish the quality of Flash's mark. This is likely to be considered trademark infringement. The other options are not applicable as there is no indication that Got Shoes is making fair use, licensing the mark, or engaging in lawful competition.

Question 20

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

Accepted Answer

The loss of revenue due to unauthorized digital downloads affects not only the motion picture industry but also recording artists and their labels. While the companies that distribute file-sharing software may also face legal and ethical issues, the biggest impact is felt by the industries producing the content being shared. Therefore, choice D, "all of the choices," is the best answer.

Quiz 8: Internet Law, Social Media, and Privacy