Week 6 Homework - Professor Kent BUSN-420 Jennifer Torres...

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Professor Kent BUSN-420 Jennifer Torres Week 6 Homework Case 7.1: Dilution of a Trade Mark on page 139 17.1 Cybersquatting Cybersquatting is the use of a domain name mimicking a famous/wealthy name of an individual/business and holding it ransom until payment for that domain name is met (Cheeseman 292). The Anticybersquatting Consumer Protection Act (ACPA) was created to allow those trademark owners and famous persons to recover those registered domain names created by another person or in bad faith (Cheeseman 292). In order to fall within the perimeters of the act, the name must be famous and the domain name must have been created in bad faith (Cheeseman 292). Due to the nature of their business, Ernest & Julio Gallo are famous wine maker, whose name is well known. Selling a domain name “ernestandjuliogallo.com” to anyone besides the owners of that company is in violation of the Anticybersquatting Consumer Protection Act due to their famous social standing, holding the U.S. District Courts decision, in favor of Gallo. Spider Webs must transfer the domain name to Gallo.
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