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Legal Questions - Essay Example
Pages 11 (2761 words)
Ans 1) The ACPA of 1999 grants a centralized 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…
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 actua ...
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