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Homework answers / question archive / 1) Describe the process for obtaining internet domain names and the procedure for arbitrating internet domain name disputes

1) Describe the process for obtaining internet domain names and the procedure for arbitrating internet domain name disputes

Law

1) Describe the process for obtaining internet domain names and the procedure for arbitrating internet domain name disputes.

2.Define license and the parties to a licensing agreement.

3.What conduct is prohibited under the Computer Fraud and Abuse Act? Give four examples of data that is protected by the act and explain what the criminal penalties are for violation of the act.

4.When can corporations be held criminally liable? Can corporate officers and directors be held liable for crimes that they did not participate in or know about?

5.What is a trade secret? What must the owner of a trade secret do to protect it?  What must he prove if he sues someone for misappropriation of his trade secret and what can he recover if he wins the suit? 

6.List and describe the kinds of marks that can be protected.  What features qualify it for protection and what kind of marks cannot be protected? 

7.List and describe/distinguish the kinds of intellectual property that can be protected by patents, copyrights and trademarks and tell how long each type of protection lasts

8.Describe the purpose and major features of the Electronic Signature in Global and National Commerce Act.

9.Explain the difference between a bilateral and a unilateral contract and give an example of each. 

10.What is the doctrine of quasi contract and when would it be applied? 

11.Explain the difference between valid, void, voidable and unenforceable contracts. 

12.List and describe the four main elements necessary to form a contract and the two defenses to the enforcement of a contract.

13.List and describe in detail the three requirements of an effective offer.

14.List and discuss the four ways an offer can be terminated by the operation of law. 

15. When can silence count as acceptance of an offer? Give detail.

16.Explain and distinguish the concepts of preexisting duty and past consideration and give examples. 

17.Explain whether illegal contracts are enforceable.

18.What is the doctrine of promissory estoppel and when does it apply? 

19.Discuss illusory promises, gratuitous promises and moral obligation promises.  

20.What is consideration?  Describe its two elements. Do courts look at whether or not consideration is adequate? 

21. Discuss licensing statutes and the effect they have on contracts made by an unlicensed person. Distinguish between regulatory licensing statutes and revenue raising licensing statutes. 

22.What is the doctrine of unconscionability, what kind of situations will it apply to, and what must a plaintiff prove to establish that a clause or contract is unconscionable? 

23.Discuss the concepts of disaffirmance and ratification of contracts by minors. 

24.Discuss the law regarding contracts made with mentally incompetent and intoxicated persons. 

25.What is “intellectual property” and why is it hard to protect?

27.What is the Economic Espionage Act and what is its purpose?

28.What is “dilution” of a trademark and why is this issue so important to a trademark owner? 

29.Discuss the difference between an express contract, an implied in fact contract and an implied in law contract.

30. What are the four situations in which a court will consider a contract to be unclear or ambiguous? What rules guide a court in interpreting an ambiguous contract?

 

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1. Domain names are obtained by purchasing from the domain name registrar by visiting its site and key in the domain name you want and pay a fee for it. During the arbitration process for a domain name, one must file a lawsuit in a court of law against a domain.

2.

Consideration is present only when the parties involved intend an exchange. Also, there is legal sufficiency where the respect for an obligation must be a legal detriment to the debt. A license is an official permit between two parties where the first party {the licensor} and the other party {the licensee}, permitting them for using their services, producing or manufacturing their products, or both (Carigan, 2012).

The licensor, the leading organization, allows the licensee, which can be an organization, to use its services or product.  In return, the licensee pays a payment of royalty to the parent company.

3.

the Computer Fraud and Abuse Act{CFAA} prohibits illegal and intentional access of a protected computer or computer system without permission.

Examples of  data protected by CFAA include the following: 

   -national security information   

it illegalizes access to national security information with ill intentions toward the United States or leaks to a foreign nation for their benefit. This attracts a sentencing punishment of not more than 20 years in jail (Carigan, 2012).

 -protects financial institution data by prohibiting access as breaking this rule attracts sentencing of years not more than ten years.

-it's against the trafficking in passwords .when a person commits such an offence, they attract sentencing to a jail term not exceeding five years.

- protects government information by prohibiting unauthorized access to it as it would attract a jail term ranging between 1-5years

4.

A corporation is held liable for its criminal acts as long as its employees act within the scope of employment. That is, employees have actual authority to act on behalf of the corporation. Therefore, its employees who did not partake in or know about these criminal acts are not held accountable for these acts; instead, it's the corporation itself (Carigan, 2012).

5 Trade secrets are proprietary knowledge protected by intellectual property (IP) rights that can be sold or licensed.

The procedures adopted to secure trade secrets include putting physical and electronic limits on access to trade secret material, implementing a systematic monitoring system, and raising employee knowledge.

When using someone for misappropriation of a trade secret, proof of existence, ownership, notice, and access are required. Once a court rules and the plaintiff wins the suit, the court gives an injunctive relief and orders the defendant to pay damage for economic harm incurred by the plaintiff, including the attorney's fee.

6

Marks that can be protected include the following;

  • Suggestive mark. They are more precise and protected trademarks requiring a proportional amount of creativity to qualify as a protective mark.
  • Descriptive mark.  They only imply to the products themselves, unlike in generic sport. However, a signifier is included to describe a significant product feature for it to qualify for trademark protection.
  • Arbitrary mark.  They elicit words or phrases from the common lexicon which are entirely unrelated to the product.
  • The fanciful mark. They require informed forethoughts as it merely takes a word that has no current meaning in public.

There are types of marks that cannot be protected which has the following

-marks that contain geographically misleading and descriptive words.

-generic marks that could create an unnecessary monopoly over an industry.

-offensive and scandalous phrases are ineligible for registration.

 

   7  Copyrights.    When you create an original work, you are automatically granted a set of rights known as copyright. To visualize how these rights can be used or licensed, think of them as a bundle of sticks, with each post representing a separate right vested in you as the owner. These rights include duplicating the work, creating derivative works, distributing copies, publicly performing the job, and publicly displaying the result.

You have the authority to keep each "stick," transfer them individually to one or more individuals or transfer them all to one or more people as the copyright owner. This can be done through licensing, assigning, and other methods (Needle & Burns, 2010).

Patent.  It promotes technological advancement through commercialization and innovation as it enables investors to share their inventions by publicly providing them with exclusive rights. These inventions may include processes, machines, manufacturers e.t.c

Unlike copyright registration, the patent application procedure is costly, complex, demanding, and time-consuming and should typically only be performed with the help of a qualified patent attorney or agent.

A trademark is a term, phrase, symbol, or design that identifies and differentiates the source of one party's goods from others. They include brand names, slogans, and logos. Like copyrights, a person doesn't need to register them to receive protection rights, but there are legal benefits in writing it with USPTO.

8   is an electronic symbol, sound, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the document.

9     A bilateral contract is a legally enforceable agreement between two or more parties based on an offer to an acceptance party from a promisor party. Its examples include employment contracts, sales agreements.

 A unilateral contract is made up of an offer that may or may not be accepted, and it only becomes binding if the second party gets the request by taking some action. Examples include coupons, as no one is obligated to purchase them.

10  A quasi-contract occurs as a result of a court order rather than the parties' consent. They help avoid unfair enrichment of a party in a dispute over payment for an item or service; courts issue pseudo contracts.

Eleven void contracts are contracts that miss essential parts to make them valid. On the other hand, voidable contracts have necessary features to be enacted to appear correct.

Unlike Valid contracts, which have all the necessary elements, can be legally enacted in courts as they create a legal obligation between the two parties, unenforceable agreements have terms that oppose the federal state. 

12.

Offer: This is where one party makes an offer for service to be rendered

    Acceptance: This is where the other party to whom the offer was made agrees to the terms and conditions of the request.

  Consideration:  Refers  to the purpose for entering into a contract where both parties have some binding agreement under the contract

Capacity: This is where parties check  into legal rights and the ability to deliver a contract from both ends of the parties involved

13    communication. The individual who makes the offer (the offeror) must transmit he provide to someone who can accept or reject it (the offeree)

commitment. This helps check Whether the offeror is committed to examining whether the offeror intended to be bound by the offer when he communicated it.

Definite terms ensure that all offers are direct and specific in their terms whereby essential regulations of the deal are stated.

14

  Counteroffer by the offeree whereby the offeree adds a conditional acceptance which results in termination

Rejection of the offer. happens when the offerees deem a request to be unacceptable to them

 Lapse of time An offer must have a time limit where a contract is expected to end; if not, the agreement is terminated (Needle & Burns, 2010).

Death or disability of either party The offer is automatically assumed to be cancelled if either the offeror or the offeree dies or becomes mentally incompetent before the offer is accepted.

15. If the parties' connection is such that the offeree is not expected to respond, the offeree's silence may be construed as acceptance also when the offeree is well aware that silence or a lack of response indicates acceptance of the offer usually arises where both parties have a history of working together.

16. past consideration in the context of a contract refers to a  promise or an act made or executed previously to an agreement; however, a pre-existing duty is A contract law theory that asserts that if a party to a contract had a prior obligation to perform, no consideration is paid for any modification of the agreement, and the change is thus avoidable.

17. A contract or agreement that is declared illegal is technically not a contract at all and hence will not be enforced by a court. On the other hand, unfair agreements are considered to be void or unenforceable, which means they will be treated as if they never were.

18.  it applies when the promisor has given the promisee a promise. The promisee must have placed reliance on the commitment and suffered a loss due to the contract's non-performance. The doctrine forbids the promisor or entrepreneur from breaking their word or promising something (Needle & Burns, 2010).

19. a gratuitous promise  is When a party is bound by a contract but receives nothing in return (i.e., there is no consideration),

An illusory promise isn’t enforceable nor valid because The obligation of the person who makes the illusory promise is imprecise and uncertain since the pledge is vague and uncertain.

Moral obligation promises are where Keeping such commitments is thus a sort of sincerity in which an individual makes his actions conform to his words, rather than a question of pure justice.

20. consideration is The inducement to make a promise enforceable. The elements of considerations are; bargain  for exchange  where the

21. licensing statute emphasizes a person or organization to obtain a license from relevant agencies in a specified occupation.

Regulatory licensing statutes are licenses issued by relevant authorities to ensure products or services offered are of quality. In contrast, revenue-raising licensing statutes are used to raise revenue for the government.

22. The doctrine of unconscionability is where the courts find a contract unjust and oppressive to the plaintiff, suggesting abuse of its formation, and the plaintiff has to prove an unfair bargain through the absence of meaningful choice.

23. In disaffirmance, the minor should return items or consideration if he disaffirms. But in the ratification of contracts, minors are only allowed to ratify when they reach the age of majority

24. A contract made or offered to a mentally challenged person is deemed voidable if no adjudication of mental incompetency indicates the individual has legal permission to declare a warranty null and unenforceable.

25. Intellectual-property refers to strategies in place to prevent or protect a person from taking your ideas and innovations to benefit from it. It's hard to defend it because copyright is infringed only by copying.

27. Economic espionage is a coordinated intelligence move towards the U.S Government or organizations or persons designed to influence its financial decisions illegally.

28. It is a legal process of issuing the owner of a famous trade power to ban others from using its mark in ways that could manipulate its reputation.

29. An express contract is one whose terms are laid down in the contract, whereas implied contracts come to function through activities already done (Willston, 1888).

30.  when a contract is subjected to different interpretation

      Where the definition of words in a contract is unclear

     When the policy outlined is regarded unconstitutional  

    When the word used for the trademark is abusive.

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