Legal Questions of Famous Trademarks - Essay Example

Legal Questions and Section # of "Legal Questions" Ans The ACPA of 1999 grants acentralized foundation of action aligned with the ghastly belief registration or trafficking in domain names that are indistinguishable to or confusingly analogous to another's trade name or dilative of another's well-known brand name. (Hampton, 2007) The FTDA provides for injunctions and monetary remedies for the dilution of famous trademarks. In order for trademark dilution to take place, the FTDA states that the new trademark ought to be renowned and idiosyncratic. The FTDA additionally defines dilution as an exercise that adversely affects the ability of the trademark to be associated with a particular good or service, regardless of whether competition between the parties exists, or if there is a probability of perplexity, fault, or fraud, amid the two trademarks. In analysis of the information the enactment of the FTDA, courts have struggled for applying the customary for trademark dilution for the reason that of the expansive language used in the law. (Koo, 2004) Under these laws, initially the Home Specialists should consider talking to the individuals responsible for TechEquip and Homer.com. The fact to ponder upon is when Tech equips registered as Homer. Com, the office did not object them on the name. It is very natural for people at Home Specialists to feel that the Tec equip is using their goodwill somehow. But, it does not really fall into a court case category. Both of the parties should meet up in friendly terms and try and convince and inform each other of any apprehensions if they feel exist. If in the case that Home Specialists drag the latter party to court. Then they would have to prove Tech Equip.'s deliberate attempt to use their goodwill. This would not be of any use. Because if the whole issue would have been objectionable the people at the registrars office would have discussed the same with Tec Equip. The whole case can be deemed as just mere confusion under the FTDA Act. Ans 2) By Trade dress is actually meant the physical appearance of a product, the shape the color and the appearance in total. There can be instances wherein, this trade dress can be copied. Someone else can have the same trade dress for their product. But the fact is, that, there can be an instance of confusion or just mere a mistake. The trade dress infringement act entails a provision and space that these acts be taken into consideration. Damages should only be awarded in case of the occurrence that Levec Inc, can prove a deliberate attempt by Tarvainen to use their goodwill. Only if they are proven right in their claim should they receive damages. It is very well possible that in the case of Levec Inc not being able to prove any thing; it might just be considered a fault or a mistake. The Protection in relation of any specific trade dress is comparable as the protection and safeguard of trademarks. Trade Dress Infringement Violation can occur unintentionally also. (Wiemelt, 2003-2006) Ans 3) the Law 'Act on the Protection of Personal Information' is where this should be categorized. Article 1, the rationale behind this Act is the safeguard and protection of the civil rights as well as their interests of individuals considering the fact that the personal information can be useful to other parties. Proper handling of this personal information is an essential. Basically all the articles in this act entail the following idea, that the personal information of individuals that are being used by certain business entities, by permission is being used for business purposes. The government has the responsibility of making sure that the business entity in particular should safeguard that data. The state rather is also responsible for safeguarding this information. According to this act, if the business entity plans to alter the entity handling this personal information, their must be public notifications of such an act. Meaning all should be informed. With reference to the present scenario the company has this obligation upon them to safeguard the personal data or information they have on their databases. Taking into consideration the core of the policy, it is a strong policy the one the organization is using. A weaker policy would be the one wherein the organization or the business entity would not take responsibility of the personal data they are using or have saved with them. (Law No.57, 2003) Ans 4) this again is a good policy. The reason being, that the business entity with which the data is with it is their responsibility by law. Their responsibility to safeguard it so that is not used against or to damage anyone. A weaker policy would again be the one, in which the organization would not be capable of handling protection of such data. Or also if the organization would not have a policy for this information security, and that they would not won't to take this responsibility. The policy being used already is a strong policy in itself. Ans 5) All the managers and employees of the organization being held responsible for the safety of this personal data of individuals. The question is why the business entity would even take the risk of making this data available to all the employees and managers. They should initially maintain a strict access. And the information should only be provided to those employees and managers, who are responsible for the usage of this data, in the right manner. They too should be specified that they need to be very careful, as this is by law an obligation upon the business entity to provide protection. And in case the business entity fails and somehow this information leaks or is misused. The business entity will be held responsible in the court of law. Ans 6) this can be deemed as a good and strong policy. The y should be able to access information regarding the organization on all computer networks. Only the one thing that all o f such organizations should consider is that no matter how true the fact is that all employees under an employer work like a family towards the success of the organization , there are still exceptional cases . In these cases, what actually needs to be considered is that there might be individuals, who might take undue liberty of such policies and thus end up misusing the confidential information. Organizations should know, and draw a limitation line, where in only the concerned should d have access but that too a very strict and confidential one. Ans 7) this is a very vague policy rather than being a good or a bad one .who will be given access and who won't These policies need t be really clear in their intention and target. So that the employees concerned can make sure they are on right track, and not make a mistake. Managers and employees, who are part of the process wherein the information is being used, will have access for sure. And obviously they would require access .The present one is a very weak policy. Ans 8) under this act the security of this personal information is the only concern. Rest if the security of any other kind is being provided or not being provided that would not come under this law or this act. Generally this is a good policy, and a strong one. Ans 9) this is a good policy. Policies should be specifying enough and include all those elements who are and can be held responsible upon the act of leakage or misuse of any organizations confidential information. Ans 10) the, said technology that can make possible that the users be able to see right through an individuals clothes at the airport. The use of RIFD at the airports has enabled the security personnel to check and keep safe, individuals and cargo. This also facilitates the state security. It is an accepted personal policy. But the passengers need t be sure that this would not mean they would be seen stark naked on the monitor. Just that an image would be displayed such that all would be possibly to safeguard the airport, and the state from terrorist acts. If this would mean no more strip searches. Passengers would feel more comfortable. Because being a frequent passenger myself, I know how embarrassing it looks when you re luggage are being stripped to the last straw. The usage of such technology anywhere including sporting games, or shopping centers would all be useful in stopping terrorist acts. Ans 11) the Appellants alleged fencing was on stolen goods. The warrant that the officials had was also in the case of stolen goods primarily. Now, that they have found traces of child pornography at the appellants home , they would firstly , need to prove the appellant is directly involved in the act , secondly , if not then the appellant was a facilitator or an audience to it . Also the fact that the appellant appreciates such videos will be enough to hold him in court in this case. From another perspective, now that the officials have found this, they can become witnesses and testify against him in court for two offense, theft and child pornography. Ans 12) by law, any employee's right includes the e-mail privacy. It is for the most part governed by state tort law3. There exist four different aspects that protect this right to the privacy. (1) A complicated break upon the privacy of someone else; (2) misuse of another individuals name or image; (3) an irrational promotion prearranged or another individuals life; (4) exposure that unfairly places someone in a fake image in front of the public. Most relevant to email privacy 3 Article 1, Section 23 Florida State Constitution. It is more often than not established that the email monitoring is an adequate enough infringement to demand justice. In the case where the court has to determine whether or not an infringement is well thought-out to be extremely unpleasant the court tends to consider the situation surrounding the act of infringement, the background, the aims and objectives and the prospect of the privacy of the individual . To satisfy and do justice to both the employee and employer, the court takes into consideration the two essential acts for making the final decision .Which are , the member of staff should boast a biased probability of privacy and also that it is without bias rational enough . The court decides accordingly by justifying each of the two concerned parties. (Jim Kates & Philip Whited, 1999) Ans 13) the organization can use website blockers on the networks, and ban, the sites on the organizational network and circuit. These can be easily done in today's age. As new software's are being made everyday. These are detectors, and block sites and files that should not be accessed. If, in the case of policy making, then these organizations should inform all employees that their individual workings are checked, and any employee found acting against the policy will be penalized. Ans 14) Snoop s right has been violated. If the individual in particular wanted to search to break a bad circuit, it was not an offense, at all. Snoop does not fulfill the requirement of the criminal code of transporting and receiving such data or information. As initially the intent since the beginning had been to eliminate a bad racket online. But this Snoop will have to prove in court. Ans 15) to gather such proof the concerned employee's belongings will have to be really checked for evidence. As soon as enough evidence is gathered he can be held in court. Ans 16) yes, the 18 U.S.C. Section 2520(a) of the Wiretap Act provide a civil cause of action for a claim arising under the criminal provisions of 18 U.S.C. Section 2512(1) (b) prohibiting the manufacture, assembly, possession or sale of interception devices. 2510. Definitions (1) "Wire communication" is the acoustic transport that is made in complete all the way through the exploitation of amenities for the transmission of communications through the support of a wire, a cable, or similar link connecting the source and the position of receiving. (CCIPS, 2003) Ans 17) one should be able to trace initially themselves if such a problem exists. But it would be best to call the authorities as. It would safeguard your interest. In case somebody uses your information for the wrong purpose and you get penalized instead. Ans 18) yes, but UN intentionally this he will have to prove in court. Ans 19) no. He cannot be, because it's the users who should be banned. Big Tony's intention is not violating the law of Connecticut State. Yes the answer would have been different otherwise. Ans 20) by law, Paul can bail out of the case under his constitutional rights. Ans 21) the office software is not Sally's personal property. She can be guilty as charged with computer fraud and criminal damage under the State criminal code. Ans 22) the Revenue Procedures and Rulings influence requirements for information security in Avery positive manner. It does not really alter the true essence and motive of information security. Ans 23) The Foreign Corrupt Practices Act of 1977 (FCPA) developed from research done s by the Office of the Special Prosecutor. This office gave support and proof of illegal acts performed by U.S. firms in the foreign lands. Additionally 400 U.S. companies admit to building doubtful expenses to a variety of foreign governments and political parties. (answers.com) Ans 24) as these reports are information source too. They come under the same security measures as other data and networks. Ans 25) the SEC has directed the NYSE and Nasdaq to make illegal the listing of any public company. The one whose audit group whose actions do not comply with this new listing of requirements can be held under the law. The financial circumstance and consequences of operations. Also the officers will have to face penalties for fake certification and imprisonment for "willing" violation. (Sarbanes Oxley act, 2002) - Ans 26) they differ, in a lot of ways. One entails basically with normal civilians, and the other specific civilians, under the Health law. The reason of these alterations is to keep up a very stable and strong protection of the privacy of individuals, convinced of the Privacy Rule's provisions. (http://www.hhs.gov/ocr/hipaa/privruletxt.txt) Ans 27) the Gramm-Leach-Biley Act of 1999 (GLBA), Basel Accords, Securities and Exchange Commission (SEC) requirements, and the USA Patriot Act they affect the law rather very positively. Ans 28) the Federal Information Security Management Act, FISMA, and influence and too affect them very rationally, in a positive manner. Ans 29) laws and regulations both simultaneously, act effectively. References 1. Philip G Hampton 2, Robert J Koch, June 29th 2007, Cyber Piracy and Predatory Practices. http://lsntap.org/sites/lsntap.org/files/Cyber%20Piracy%20Training.ppt. 2. Andrew Koo,Copyright June 2004 by the Journal of Technology Law & Policy , Volume 9 , issue 1 http://grove.ufl.edu/techlaw/vol9/issue1/koo.html. 3. Copyright Law Offices of Mark E. Wiemelt, P.C. 2003-06. All rights reserved, http://www.wiemeltlaw.com/_wsn/page16.html. 4. Act on the Protection of Personal Information (Tentative translation) [Law No.57, 2003] [promulgated on May 30, 2003] [enforced on May 30, 2003 except for Chapter 4 to 6 and Article 2 to 6 of Supplementary Provisions] [completely enforced on April 1, 2005] http://www5.cao.go.jp/seikatsu/kojin/foreign/act.pdf. 5. Title: Are Organizations Ready For the Electronic Renaissance in Communication Email Monitoring & Privacy Issues.Authors: Jim Kates & Philip Whited of the IntraSec Corporation,http://csrc.nist.gov/nissc/1999/proceeding/papers/p2.pdf. 6. Updated July 9, 2003 usdoj-crm/mis/krr, UNITED STATES CODE ANNOTATED TITLE 18. CRIMES AND CRIMINAL PROCEDURE PART I-CRIMES CHAPTER 119--WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND INTERCEPTION OF ORAL COMMUNICATIONShttp://www.usdoj.gov/criminal/cybercrime/wiretap251 522.htm. 7. Business encyclopedia , answers.com , http://www.answers.com/topic/foreign-corrupt-practices-act-of-1977cat=biz-fin. 8. CPE.inc Online http://www.cpeonline.com/cpenew/sarox.asp. Read More