True/False
Indicate whether the
statement is true or false.
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1.
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A domain name registrar can be held liable for
registering a domain name that infringes that of another because registrars have a duty to
investigate before registering domain names.
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2.
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The only remedy for one whose trademark is
“hijacked” by another who uses it as a domain name is to bring a civil
lawsuit.
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3.
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To prevail under the Anticybersquatting Consumer
Protection Act, a plaintiff must show that the defendant registered the plaintiff’s trademark
as a domain name in bad faith.
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4.
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The Uniform Name Dispute Resolution Policy is
administered through WIPO.
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5.
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Generally, hyperlinking to another’s home
page on the Internet is permissible.
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6.
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A party with a Web site that is accessible
throughout the United States can be sued anywhere in the United States merely by maintaining this Web
site.
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7.
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Internet “gripe” sites that mention
another’s trademark are generally permissible so long as consumer confusion is not caused by
use of the mark.
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8.
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Delta Dental and Delta Airlines can share the
same Internet address of www.delta.com.
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9.
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Courts require trademark owners to scour the
Internet to find offending uses of their trademarks.
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Essay
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10.
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The practice of registering a well-known
trademark as a domain name and then misusing the domain name or “ransoming” it back to
its true owner is referred to as _____________.
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11.
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Dan recently registered the domain name
www.starbucks.com with Acme Registrars. Dan has no relationship with Starbucks and has written
Starbucks a letter offering to sell the domain name to it for $40,000. What is this practice called
and what can Starbucks do to protect its STARBUCKS mark? Is Acme liable? Discuss.
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12.
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Why is it often difficult for a trademark owner
to bring an action for trademark infringement against one who has used the Internet to
“hijack” its trademark?
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13.
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In what ways is resolving domain name disputes
through ICANN’s Uniform Domain Name Dispute Resolution Policy advantageous to domain name
owners? What disadvantage does this dispute resolution process offer?
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14.
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Why do most companies have no objection to the
practice of others’ hyperlinking to their Web sites?
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15.
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ABC Inc.’s Web site is available all
throughout the United States. Viewers may read about ABC’s interior decorating services and see
sample decorating projects. May ABC Inc., a Delaware corporation doing business only through its
store in Delaware, be sued in New Mexico? Would your answer be different if ABC allowed consumers in
New Mexico to order household items through its Web site? Discuss.
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16.
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The act of using the Internet to obtain
sensitive financial information, such as bank account numbers, is called
_____________.
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17.
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Ted has recently begun placing Bank of
America’s name and logo on his Web site and sending out emails with the bank’s name and
logo, informing the bank’s customers that there is a problem with their account and asking for
their social security numbers so that the problem can be corrected. What is this practice called? Is
it actionable as trademark infringement? Discuss.
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18.
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Sue has been unhappy with her shopping
experience at Macy’s. She has set up an Internet site called www.boycottmacys.com and asks
viewers to submit their complaints about Macy’s. Is the use of “Macy’s” in
the domain name and on the site trademark infringement? Discuss.
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