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  Los Angeles Lawyer
The Magazine of the Los Angeles County Bar Association
 
 

October 2013     MCLE Test and Answer Sheet

Test No. 228: Domains in the Balance

 
 

Instructions for Obtaining MCLE Credit

The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour. To apply for credit, please follow the instructions.

1. Study the CLE article.

2. Answer the test questions by marking the appropriate boxes. Each question has only one answer.

3. Photocopies of this answer sheet may be submitted; however, this form should not be enlarged or reduced. Mail the answer sheet and the $20 testing fee ($25 for non-LACBA members) to:

Los Angeles Lawyer
MCLE Test
P.O. Box 55020
Los Angeles, CA 90055 

Make checks payable to Los Angeles Lawyer.

4. You can also fill in the test form and submit it directly to LACBA by clicking "Submit." To submit your test answers online you will need to pay by credit card. After submitting your answers you will be presented with a screen requesting payment information. This information will be submitted in a secure mode which will allow you to safely transmit your credit card number over the Internet. If you prefer not to pay by credit card, please print this answer sheet and submit your responses by regular mail.

5. Within six weeks, Los Angeles Lawyer will return your test with the correct answers, a rationale for the correct answers, and a certificate verifying the CLE credit you earned through this self-assessment activity.

6. For future reference, please retain the CLE test materials returned to you.

 
  Test Sheet
 
 

Mark your answers to the test by clicking next to your choice.  All questions must be answered.  Each question has only one answer. This test is worth 1 hour of credit.*  

1. The owner of a domain name does not have a protectable property right in the name if it includes a trademark that the domain owner does not own.
 True.
 False.

2. Owners of a domain name that includes a trademark they do not own may be liable for cybersquatting if they seek in bad faith commercial gain from use of the name.
 True.
 False.

3. Owners of a domain name that includes a trademark they do not own can be liable for trademark infringement if they seek commercial gain from use of the name.
 True.
 False.

4. The owner of a domain that uses the name of a celebrity without permission will likely violate the Anticybersquatting Consumer Protection Act (ACPA).
 True.
 False.

5. If the owner of cocacola.com does not own the Coca-Cola trademark but offers to sell the domain name to the Coca-Cola Company, the owner will likely be held in violation of the ACPA.
 True.
 False.

6. In Kremen v. Cohen, the Ninth Circuit held that the plaintiff did not have a viable claim for conversion against a domain registrar that assigned ownership of a domain that he owned to a con man.
 True.
 False.

7. Owners of a domain name that includes a trademark they do not own may commit trademark infringement by offering a competitor of the trademark holder advertising space on the site.
 True.
 False.

8. In Palermo v. Underground Solutions, Inc., the court found sufficient evidence to support Lanham Act claims.
 True.
 False.

9. In Palermo, the court rejected Palermo's motion for injunctions based on the absence of commercial use of the Web site in question.
 True.
 False.

10. In Branca v. Mann, the court found sufficient evidence to support Lanham Act claims.
 True.
 False.

11. Palermo and Branca are inconsistent with the Ninth Circuit's decision in Bosley Medical Institute, Inc. v. Kremer.
 True.
 False.

12. In the Bosley Medical case, the Ninth Circuit found a Lanham Act violation.
 True.
 False.

13. In Nucal Foods, Inc. v. Kaye, the court found a bad-faith intent to profit from registration of a domain name that included a trademark that the domain holder did not own.
 True.
 False.

14. In Nissan Motor Company v. Nissan Computer Corporation, the Ninth Circuit upheld an injunction prohibiting a computer store owner from advertising the sale of automotive products on his nissan.com Web site.
 True.
 False.

15. In the Nissan Motor case, the Ninth Circuit ruled that under the Federal Trademark Dilution Act, injunctive relief is available for noncommercial use of a trademark.
 True.
 False.

16. In the Nissan Motor case, the Ninth Circuit also found that a permanent injunction implicated the First Amendment.
 True.
 False.

17. In West Coast Corvettes, Inc. v. MV Marketing, Inc., evidence of customer confusion contributed to a grant of injunctive relief.
 True.
 False.

18. In the West Coast Corvettes case, the court did not find bad faith in the defendant's use of the name in question to divert Web traffic away from the plaintiff's site.
 True.
 False.

19. Academy of Motion Pictures Arts and Sciences, Inc. v. GoDaddy.com, Inc. concerns advertising revenue from Web sites that include a trademark.
 True.
 False.

20. In the GoDaddy.com case, the court accepted the defendant's defense that as a domain name registrar, it was immune from suit under the ACPA.
 True.
 False.

Address and Billing

After submitting your answers you will be asked to enter your name, address, and payment information on the next screen. Once you have submitted the current form, you will be switched to a secure mode which will allow you to safely transmit your credit card number over the Internet.

If you do not wish to complete this transaction over the Internet you should print this page and send it to the address listed in Step 3 of the instructions at the top of this page.


 
Before clicking the Submit button, please verify that all questions have been answered. An error message will appear if not all questions are answered.

* The Los Angeles County Bar Association has been approved as a continuing legal education provider of Minimum Continuing Legal Education credit by the State Bar of California. This self-assessment activity will qualify for Minimum Continuing Legal Education credit by the State Bar of California in the amount of one hour.

 


 
   
 

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