Question 1

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

Cybersquatting can flourish in environments where domain names are frequently bought and sold, as it becomes easier for individuals to register domains that are similar to existing trademarks or brands with the intent of selling them at a higher price.

Question 2

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 obtaining permission to use Saga Company's game app without gaining ownership rights is an example of a license. A license grants the licensee the right to use the software according to specific terms and conditions but does not transfer ownership of the software itself.

Question 3

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

Trademark dilution occurs when a mark similar to a famous or distinctive trademark is used without authorization, in a way that diminishes the mark's uniqueness, reputation, or value, even without causing confusion or competition. In this case, Converse Inc.'s use of "callltalk" dilutes the distinctiveness of CallTalk Corporation's "calltalk" mark.

Question 4

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 the trademark of another company without permission, especially in a meta tag to attract attention or traffic, constitutes trademark infringement. This is because it can cause confusion among consumers regarding the origin, sponsorship, or approval of goods or services.

Question 5

Chong transfers pirated copies of movies of television programs to an Internet site that permits users to view them without downloading them. With respect to the Digital Millennium Copyright Act, this is

Accepted Answer

Transferring pirated copies of movies or television programs to an Internet site for viewing is a violation of the Digital Millennium Copyright Act (DMCA), as it infringes on copyright laws by distributing copyrighted material without authorization.

Question 6

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

Accepted Answer

Jade's actions constitute copyright infringement because she is distributing copyrighted material without the authorization of the copyright owners, regardless of whether she charges for it or not.

Question 7

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 created problems for the motion picture industry, recording artists and their labels, and the companies that distribute file-sharing software, affecting all these sectors by causing significant revenue losses.

Question 8

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

Posting copyrighted material without permission is considered copyright infringement, as it violates the rights of the copyright holder.

Question 9

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, where the use of a trademark in connection to products or services not related to the original trademarked products diminishes the mark's distinctiveness or tarnishes its reputation, even without direct competition or confusion.

Question 10

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

Accepted Answer

Sharing company-related resources among multiple computers without requiring a central network server is a characteristic of peer-to-peer (P2P) networking. This setup allows each device to function both as a client and a server to the other devices on the network, facilitating direct access to files without the need for a central server.

Question 11

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 12

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

Trademark dilution does not require the products to be similar, consumer confusion, or the registration of all variations of the name. It focuses on the unauthorized use weakening the distinctiveness of a famous mark.

Question 13

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 Company's use of "flast" as its domain name, an intentional misspelling of "flash," is likely to cause confusion among consumers and could be seen as diminishing the quality of Flash Inc.'s mark by potentially diluting its distinctiveness or tarnishing its image.

Question 14

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 among consumers and dilute the value of the trademark.

Question 15

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 16

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 17

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

Accepted Answer

This scenario describes a licensing agreement, where Haute Dawgs Corporation permits another company to use its trademark without transferring ownership of the mark. This is a common practice where the trademark owner retains their rights while allowing another entity to use the trademark under certain conditions.

Question 18

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

Accepted Answer

Downloading music without authorization typically violates the copyright holder's rights, making it copyright infringement.

Question 19

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

Accepted Answer

Pilar's actions constitute cybersquatting, which is illegal under the Anticybersquatting Consumer Protection Act (ACPA). Registering a domain name that is confusingly similar to a trademark with the intent to profit from it by selling the domain to the trademark owner is considered bad faith and is against the law.

Question 20

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

Accepted Answer

Typosquatting involves registering domain names that are misspellings of popular brands, aiming to capture traffic from users who make typographical errors when entering a website address. In this case, "sweetfriedpotatos.com" is a misspelled version of the popular brand "sweetfriedpotatoes.com," fitting the definition of typosquatting.

Quiz 9: Internet Law Social Media and Privacy