Intellectual Property Law

Chapter 7 Discussion Questions

1. A client, Furniture Barn, wishes to ensure that no one registers the domain name
“FurnitureBarnSucks.com.” What should the client do?

2. Emma Kraft registered the domain www.kraftqueen.com in 2013 for her catering
business. Kraft Foods Group, Inc. later applied to register the domain name
www.kraftqueen.com and could not do so, due to Emma’s preexisting domain
registration. Kraft Foods would like to challenge Emma’s registration. Discuss the
likelihood of Kraft Foods prevailing under ACPA.

3. Nike has discovered that domainer Jack Andrews has registered www.nike.xxx
and www.nike.porn and has received a letter from Andrews offering to sell the
domains to Nike for $20,000 each. Discuss the likelihood of Nike being able to
prevail under ACPA.

4. Starbucks has discovered that after Sarah Harris had a bad experience at a
Starbucks store she registered the domain name www.ihatestarbucks.com. No
goods are offered at the site, and Sarah uses it purely to vent her feelings about
Starbucks. Discuss Starbucks’s likelihood of prevailing in a trademark
infringement case and under ACPA.

5. Michael Miller operates a freelance computer consulting business in Portland,
Oregon. His website describes his services and allows potential customers to fill
out and submit a form describing the services they need. Michael then calls the
potential customers and schedules in-home consultations, primarily in the
Portland area.

a. Can Michael be sued in Portland?

b. Can Michael be sued in Seattle?

6. Assume that you are trying to locate the website of Dunkin Donuts. You mistype
a few letters and are taken to a porn site.

a. What is this practice called?

b. Is it actionable? Discuss.

7. A client registered a domain name with the new gTLD “.broker.” Its domain is
www.fidelity.broker. It has now discovered that there is another domain name
registered as www.fidelitee.broker. The client seeks an expeditious remedy and
does not wish to go to court. What might it do?

8. Gap Inc. has discovered that when consumers search for “Gap” on the Internet,
they also see ads for Abercrombie & Fitch, J. Crew, and Polo Ralph Lauren along
the right side of the screen in a box labeled “You might also like.”

a. Is this practice permissible? Discuss.

b. Would your answer be different if when consumers typed in www.gap.net,
they were taken to the website Polo Ralph Lauren? Discuss.