Question 1

A claim of trademark dilution requires proof that consumers are likely to be confused by a connection between the unauthorized use and the mark.

Accepted Answer

A) True 
 B)False  False

Question 2

Fact Pattern 9-2​
CallTalk Corporation, a smartphone and phone-time seller, chooses to use and register "calltalk" as its domain name. Later, CallTalk's less successful competitor, CellTalk Company, chooses to use and register "caltalk" (an intentional misspelling of "calltalk") as its domain name. Still later, Call&Talk, Inc., uses the domain name "callltalk" (also a deliberate misspelling of "calltalk") without CallTalk's authorization, to sell pornographic phone conversations.
-Refer to Fact Pattern 9-2. By using a domain name similar to CallTalk's, CellTalk is most likely

Accepted Answer

A)   ​diminishing the quality of CallTalk's mark.
B)   ​making a fair use of CallTalk's mark.
C)   ​licensing the use of CallTalk's mark to itself.
D)   ​engaging in smart competitive conduct. A

Question 3

Using another's trademark in a meta tag does not normally constitute trademark infringement, even if it is done without the owner's permission.

Accepted Answer

A) True 
 B)False  False

Question 4

To maintain a suit for the invasion of privacy, a person must have a reasonable expectation of privacy in the particular situation.

Accepted Answer

A) True 
 B)False

Question 5

Social media posts are routinely included in discovery in litigation.

Accepted Answer

A) True 
 B)False

Question 6

File-sharing software can be used to download others' copyrighted property without liability for any infringement.

Accepted Answer

A) True 
 B)False

Question 7

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

Accepted Answer

A)   ​cybersquatting.
B)   ​typosquatting.
C)   ​trademark infringement.
D)   ​trademark dilution.

Question 8

Tech Outsourcing, Inc., registers a domain name that is the same as, or confusingly similar to, the trademark of Tech Resourcing Corporation and then offers to sell the domain name back to Tech Resourcing. This is

Accepted Answer

A)   ​cybersquatting.
B)   ​typosquatting.
C)   ​trademark infringement.
D)   ​trademark dilution.

Question 9

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

A)   ​a violation of copyright law.
B)   ​a "fair use" exception to the provisions of the act.
C)   ​not a "fair use" exception to the provisions of the act.
D)   ​all of the choices.

Question 10

Employees, clients, and others with authorization use World Transport Corporation's network around the globe to share computer files. This is

Accepted Answer

A)   ​an invasion of privacy.
B)   ​trademark and copyright infringement.
C)   ​digital sampling.
D)   ​a distributed network.

Question 11

Fact Pattern 9-1​
Sound Financials Corporation sends daily e-mail ads to its previous customers and those who have opted to receive the notices. Instable Investments, Inc., sends e-mail ads to any e-mail address that Instable can find on the Web or otherwise generate.
-Refer to Fact Pattern 9-1. One of the advertisers-either Sound Financials or Instable Investments-is acting within the bounds of federal law. Federal law permits the sending of

Accepted Answer

A)   ​unsolicited commercial e-mail.
B)   ​solicited commercial e-mail only.
C)   ​commercial e-mail to randomly generated addresses.
D)   ​commercial e-mail to addresses "harvested" from Web sites through the use of specialized software.

Question 12

An employer may have a right to terminate a person based on his or her violation of the employer's social media policy.

Accepted Answer

A) True 
 B)False

Question 13

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, a recovery may include

Accepted Answer

A)   ​actual damages and profits in any amount.
B)   ​statutory damages no greater than $1,000.
C)   ​statutory damages no less than $100,000..
D)   ​all of the choices.

Question 14

About half of the states have enacted legislation to protect individuals from having to disclose their social media passwords.

Accepted Answer

A) True 
 B)False

Question 15

Sonya and other employees of TransGlobal Inc. maintain a password-protected social media page on which they post comments on work-related issues. The posts range from positive to negative, supporting the page's purpose to "vent about work." When TransGlobal learns of the page, the company intimidates Sonya into revealing the password, and after reviewing the posts, fires her and the other participants. Which federal law discussed in thisChapter most likely applies to this situation? Has this law been violated? Discuss.

Accepted Answer

The answer of Sonya and other employees of TransGlobal Inc....

Question 16

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

A)   ​if the appropriating site has nothing to do with the meta tag.
B)   ​if the two sites appear in the same search engine results.
C)   ​if the use constitutes trademark infringement.
D)   ​under no circumstances.

Question 17

Mobile Device Company (MDC) discovers that defamatory statements about its policies and products are being posted in an online forum. NuView Inc., the Internet service provider whose users are posting the messages, refuses to disclose the identity of the person or persons responsible. MDC should

Accepted Answer

A)   ​seek to use the authority of the court to obtain the identity from NuView.
B)   ​bring a suit against NuView for publishing the statements.
C)   ​counter the statements with its own posts.
D)   ​post defamatory statements about NuView.

Question 18

Without authorization, Bennie 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

A)   ​cybersquatting.
B)   ​typosquatting.
C)   ​trademark infringement.
D)   ​trademark dilution.

Question 19

Prodigious Profit, LLC, and other companies operate social media Web sites, issue apps for mobile devices, obtain ad revenue from search engines, and sell directly to consumers from other sites. The privacy rights of the users of these products are frequently defined, not by the courts or legislatures, but by

Accepted Answer

A)   ​the companies that own the sites and the apps.
B)   ​retailers who have had to change their procedures to compete.
C)   ​spammers, cybersquatters, and typosquatters.
D)   ​Internet service providers.

Question 20

An internal company network can better protect the company's trade secrets.

Accepted Answer

A) True 
 B)False

Exam 9: Internet Law, Social Media, and Privacy

A claim of trademark dilution requires proof that consumers are likely to be confused by a connection between the unauthorized use and the mark.

Using another's trademark in a meta tag does not normally constitute trademark infringement, even if it is done without the owner's permission.

To maintain a suit for the invasion of privacy, a person must have a reasonable expectation of privacy in the particular situation.

Social media posts are routinely included in discovery in litigation.

File-sharing software can be used to download others' copyrighted property without liability for any infringement.

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

Tech Outsourcing, Inc., registers a domain name that is the same as, or confusingly similar to, the trademark of Tech Resourcing Corporation and then offers to sell the domain name back to Tech Resourcing. This is

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

Employees, clients, and others with authorization use World Transport Corporation's network around the globe to share computer files. This is

An employer may have a right to terminate a person based on his or her violation of the employer's social media policy.

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, a recovery may include

About half of the states have enacted legislation to protect individuals from having to disclose their social media passwords.

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

Mobile Device Company (MDC) discovers that defamatory statements about its policies and products are being posted in an online forum. NuView Inc., the Internet service provider whose users are posting the messages, refuses to disclose the identity of the person or persons responsible. MDC should

Without authorization, Bennie 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

An internal company network can better protect the company's trade secrets.