Martha registers a domain named Microsoft.in.
She tries to sell it to Microsoft Corporation.
The infringement of which of the following has she made?
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A. B. C. D.B.
According to the Lanham Act, domain names fall under trademarks law.
A new section 43(d) of the Trademark Act (Lanham Act) states that anyone who in bad faith registers, traffics in, or uses a domain name that infringes or dilutes another's trademark has committed trademark infringement.
Factors involved in assessing bad faith focus on activities typically associated with cyberpiracy or cybersquatting, such as whether the registrant has offered to sell the domain name to the trademark holder for financial gain without having used or intended to use it for a bona fide business; whether the domain-name registrant registered multiple domain names that are confusingly similar to the trademarks of others; and whether the trademark incorporated in the domain name is distinctive and famous.
Other factors are whether the domain name consists of the legal name or common handle of the domain-name registrant and whether the domain-name registrant previously used the mark in connection with a bona fide business.
Martha has registered a domain named Microsoft.in and is attempting to sell it to Microsoft Corporation. This scenario involves the infringement of trademark law.
A trademark is a distinctive sign, symbol, or expression that identifies and distinguishes the products or services of a specific source from those of others. A domain name is considered a type of trademark and serves as a unique identifier for a website. In this case, Martha has registered a domain name that contains the word "Microsoft," which is a well-known trademark owned by the Microsoft Corporation.
The use of a trademark without the permission of the trademark owner is considered infringement. Martha's registration of the domain name Microsoft.in is likely to cause confusion among consumers who may believe that the website is affiliated with or authorized by Microsoft Corporation. This may harm the reputation of Microsoft and cause financial harm to the company.
In conclusion, Martha's registration of the domain name Microsoft.in and her attempt to sell it to Microsoft Corporation constitutes infringement of trademark law.