Module 3: Trademark and Domain Name Theft

Two major anti-cybersquatting legal tools, the UDRP and the _________, have played a key role in the legal battles arising from celebrity cybersquatting cases. Select one: a. Anti Cybersquatting Consumer Protection Act (ACPA) b. World Intellectual Property Organization (WIPO) c. Federal Trademark Dilution Act d. Trademark Cyberpiracy Prevention Act

a. Anti Cybersquatting Consumer Protection Act (ACPA)

According to ICANNs website, its objective is to "operate as an open, transparent, and consensus-based body that is broadly representative of the diverse stakeholder communities of the _________." Select one: a. Global Internet b. Board of Directors c. Domain Name System d. Country-code top-level domains

a. Global Internet

ICANN coordinates the management of the technical elements of a DNS to ensure universal resolvability by overseeing the distribution of unique technical identifiers used in the Internet's operations, and delegating _________. Select one: a. Top-level domain names (such as .com, .info, etc.). b. Its uniform policies. c. ICANN officers. d. Its assorted essential duties.

a. Top-level domain names (such as .com, .info, etc.).

If it can be proven that the defendants conduct is likely to cause confusion as to the source of goods or services, then _________ can be established. Select one: a. Trademark infringement b. Copyright infringement c. Forfeiture d. Celebrity cybersquatting

a. Trademark infringement

The Internet Corporation for Assigned Names and Numbers (ICANN) is comprised of three organizations: the Address Supporting Organization (ASO), the Generic Names Supporting Organization (GNSO) and the ___________. Select one: a. ccNSO b. ccTLD c. WIPO d. WTO

a. ccNSO

The __________ states that "any person who registers a domain name that consists of the name of another person, or a name substantially and confusingly similar thereto without that person's consent, with the specific intent to profit from such name by selling the domain name for financial gain to that person or any third party, shall be liable in a civil action by such person." Select one: a. Trademark Cyberpiracy Prevention Act b. Anti Cybersquatting Consumer Protection Act c. World Intellectual Property Organization d. Uniform Domain Name Dispute Resolution Policy

b. Anti Cybersquatting Consumer Protection Act

In a _________ case, the likelihood of confusion is the touchstone, and is assessed based on the facts of each particular case. Select one: a. Cyberframing b. Trademark infringement c. Cybersquatting d. Domain name

not a

_________ will not be tolerated if it impacts the rights of trademark owners to not have consumers confused. Select one: a. Parody b. Dilution c. Cybersquatting d. Framing

not a

Because trademarks and their potential for _______ are issues that must be addressed in the arena of the Internet, the Trademark Cyberpiracy Prevention Act was created to provide the trademark protection online." Select one: a. Dilution b. Degradation c. Trademark infringement d. Expiration

not c

Two major anti-cybersquatting legal tools, the UDRP and the _________, have played a key role in the legal battles arising from celebrity cybersquatting cases. Select one: a. World Intellectual Property Organization (WIPO) b. Anti Cybersquatting Consumer Protection Act (ACPA) c. Trademark Cyberpiracy Prevention Act d. Federal Trademark Dilution Act

b. Anti Cybersquatting Consumer Protection Act (ACPA)

________ is a navigational tool, generally displayed as a word or phrase underlined in blue, which, if clicked, will lead the user to another site or domain name. Select one: a. IP registration b. Hyperlinking c. Framing d. Structuring

b. Hyperlinking

Ordering _________ relief, ordering the transfer of domain name to the owner of the mark, ordering the forfeiture or cancellation of the domain name, and awarding damages either monetary or statutory are potential actions taken by courts if there has been a violation of the ACPA. Select one: a. Dilutive b. Injunctive c. Infringement d. Pecuniary

b. Injunctive

It is critical for businesses to be aware of the court cases that have been filed and decided in the area of hyperlinking and framing, if they are developing or upgrading their website; they should be familiar with the general principles of _________ and tort law, to avoid liability surrounding these techniques. Select one: a. Cybersquatting b. Intellectual property c. Parody d. Dilution

b. Intellectual property

The Trademark Cyberpiracy Prevention Act was created to provide trademark protection online. Two goals of trademark law are to protect consumers who have formed _______ with a trademark and to protect the owner's investment in their trademark. Select one: a. Positive resolutions b. Mental associations c. Bona fide intentions to stay d. Commercial alliances

b. Mental associations

When it comes to _________________________ and copyright-infringing materials, a restriction on hyperlinking to such sites would not be based on the functional component of the speech found on those sites, but on the content of the speech. Select one: a. Technological criminal trespassing b. Hate speech c. Allegedly obscene materials d. Spam

c. Allegedly obscene materials

In its effort to coordinate the management of the technical elements of ________, ICANN oversees the delegation of top-level domain names (such as .com, .info, etc.). Select one: a. Hyperlinks b. The Internet c. DNSs d. Intangible assets

c. DNSs

The ASO, the GNSO, and the ccNSO make up the _________. Select one: a. World Trade Organization b. Center for Information Assurance c. Internet Corporation for Assigned Names and Numbers d. Anti-Cybersquatting Consumer Protection Organization

c. Internet Corporation for Assigned Names and Numbers

Domain names can be registered through many different companies known as ________, which compete with one another. Select one: a. Registrants b. Registries c. Registrars d. DNSs

c. Registrars

What policy resolves issues concerning whether a celebrity has a trademark or trademark rights in his/her name, whether the domain owner has any legitimate rights to the domain name, whether the domain owner is using the mark in bad faith and whether the domain is identical to the celebritys name? Select one: a. Anti-Cybersquatting Consumer Protection Act (ACPA) b. Internet Corporation for Assigned Names and Numbers (ICANN) c. Uniform Domain Name Resolution Policy (UDRP) d. Federal Trademark Dilution Act

c. Uniform Domain Name Resolution Policy (UDRP)

In the case of a simple hyperlink, restrictions can be made on how a link is displayed, but a finding of direct copyright infringement is _________. Select one: a. The original writer's responsibility. b. Impossible. c. Unlikely. d. Very common.

c. Unlikely.

Courts can find that indirect copyright infringement exists if a hyperlink links to a site that is itself _________. Select one: a. Infringing a copyright b. Indirectly hyperlinking c. Committing trademark infringement d. Cybersquatting

d. Cybersquatting

Humor or _________ is allowed in using someone's trademark or domain name unless consumer confusion results from its use. Select one: a. Framing b. Injunction c. Dilution d. Parody

d. Parody

A__________ is essentially a bad faith attempt to deprive a registered owner of a domain name. Select one: a. Reverse seizure b. A title injunction c. A title seizure d. Reverse name hijacking

d. Reverse name hijacking

Due to the prevalence of __________, ICANN has created a limited administrative remedy that allows trademark owners and others having rights in a disputed domain name to get their name back. Select one: a. Direct copyright infringement. b. Title seizure. c. Indirect copyright infringement. d. Reverse name hijacking.

d. Reverse name hijacking.