Adam works as a Computer Hacking Forensic Investigator for a garment company in the United States.
A project has been assigned to him to investigate a case of a disloyal employee who is suspected of stealing design of the garments, which belongs to the company and selling those garments of the same design under different brand name.
Adam investigated that the company does not have any policy related to the copy of design of the garments.
He also investigated that the trademark under which the employee is selling the garments is almost identical to the original trademark of the company.
On the grounds of which of the following laws can the employee be prosecuted?
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A. B. C. D.restrict an infringing use.
Failure to "police" a mark by stopping infringing uses can result in the loss of protection.
Answer: D is incorrect.
Copyright law of the.
The Trademark law is a piece of legislation that contains the federal statutes of trademark law in the United States.
The Act prohibits a number of activities, including trademark infringement, trademark dilution, and false advertising.
Trademarks were traditionally protected in the United States only under State common law, growing out of the tort of unfair competition.
Trademark law in the United States is almost entirely enforced through private lawsuits.
The exception is in the case of criminal counterfeiting of goods.
Otherwise, the responsibility is entirely on the mark owner to file suit in either state or federal civil court in order to United States governs the legally enforceable rights of creative and artistic works under the laws of the United States.
Copyright law in the United States is part of federal law, and is authorized by the U.S.
Constitution.
The power to enact copyright law is granted in Article I, Section 8, Clause 8, also known as the Copyright Clause.
This clause forms the basis for U.S.
copyright law ("Science", "Authors", "Writings") and patent law ("useful Arts", "Inventors", "Discoveries"), and includes the limited terms (or durations) allowed for copyrights and patents ("limited Times"), as well as the items they may protect.
In the U.S., registrations of claims of copyright, recordation of copyright transfers, and other administrative aspects of copyright are the responsibility of the United States Copyright Office, a part of the 1917, which made it a crime for a person: To convey information with intent to interfere with the operation or success of the armed forces of the United States or to promote the success of its enemies.
This was punishable by death or by imprisonment for not more than 30 years.
To convey false reports or false statements with intent to interfere with the operation or success of the military or naval forces of the United States or to promote the success of its enemies and whoever when the United States is at war, to cause or attempt to cause insubordination, disloyalty, mutiny, refusal of duty, in the military or naval forces of the United States, or to related to the use of communicative, transactional and distributive aspect of networked information device and technologies.
It is commonly known as INTERNET LAW.
These Laws are important to apply as Internet does not tend to make any geographical and jurisdictional boundaries clear; this is the reason why Cyber law is not very efficient.
A single transaction may involve the laws of at least three jurisdictions, which are as follows: 1.The laws of the state/nation in which the user resides 2.The laws of the state/nation that apply where the server hosting the transaction is located 3.The laws of the state/nation, which apply to the person or business with whom the transaction takes place.
Based on the information provided in the scenario, it appears that the disloyal employee is engaged in the unauthorized copying and selling of the garments that belong to the company, and is also using a trademark that is very similar to the original trademark of the company. This type of activity is commonly referred to as "counterfeiting" and is illegal.
The relevant law that can be used to prosecute the disloyal employee would be trademark law, specifically the Lanham Act in the United States. The Lanham Act provides protection for trademarks and service marks that are used in commerce. Trademarks are used to identify and distinguish the goods or services of one company from those of another, and they can include names, logos, slogans, and other identifiers.
In this case, the disloyal employee is using a trademark that is almost identical to the original trademark of the company. This can create confusion among consumers who may believe that the counterfeited garments are in fact genuine products of the company. Such activity can cause harm to the company's reputation and result in lost sales and profits.
Under the Lanham Act, the owner of a trademark can file a lawsuit against anyone who is using a confusingly similar mark in connection with the sale of goods or services. The owner of the trademark can seek damages, an injunction to stop the infringing activity, and other remedies.
In conclusion, based on the scenario described, the disloyal employee can be prosecuted under trademark law for counterfeiting and using a trademark that is almost identical to the original trademark of the company. The Lanham Act provides protection to the company's trademark, and the company can seek legal remedies against the disloyal employee.