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Legal Issues in Casebook Ca - Assignment Example

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The author of the present assignment "Legal Issues in Casebook Ca" highlights that the domain name that Michael, the author, has chosen for his online business: “casebook.ca” resembles a lot the name of one of the most popular social networking sites – Facebook…
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Legal Issues in Casebook Ca
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Download file to see previous pages It may seem like a case of bad faith coming from Michael, who has attempted to take advantage of the goodwill that has been associated with the trademark of “Facebook”. According to the Federal Trademark Dilution Act of 1995, this fact may conduct to dilution.1Moreover, the U.S. Trademark Act of 1946 stipulated as illegal the action of registering or using a domain name that is identical or very similar to a trademark previously registered. Also, Michael’s “casebook” may be qualified by ACPA as “typosquatting” – the registration of domain names similar to registered trademarks, but which differ by one or two letters. This is obvious as the words “Facebook” and “casebook” are similar, the only difference being the first letter. This fact would give Facebook the right to make a claim according to the URDP rules.
Another important factor in Michael’s case is the geographical location of the host of his website – which is Ukraine and the location of the end-user – which is Canada. It is obvious that the location of the end-user is of bigger importance than the location of the host since the Copyright Act is meant to protect the copyright in Canada. Nevertheless, the location of the host is determinative and its importance should not be minimized.
The fact that Michael’s help – Carrie did not provide casebook.ca with an original appearance, but copied it from facebook.com is another illegal action. In U&R Tax, a set of requirements were made in order for a reproduction to be proved. These factors are:
Analyzing the above criteria, it is obvious that the user interface design of “casebook.ca” was literally copied from the website “facebook.com” by Carrie. Through this action, the web site casebook.ca diminishes the value of Facebook’s copyright, and the material taken is used in an identical way as the facebook.com website – as a user interface design. Moreover, none of the Facebook codes were mentioned, the design and the options of this website are offered to the end-user as 100% original. ...Download file to see next pagesRead More
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