| |  |
|
ss
Oracle Tips by Burleson |
Web Stalkers
Chapter 6 -
Cyber Theft
Laws Against Plagiarism
their complaint […] claims that Dastar's sale
of Campaigns “without proper credit” to the Crusade television
series constitutes “reverse passing off” in violation of § 43(a) of
the Lanham Act, 15 U.S.C. § 1125(a)
In this case, the U.S. Supreme court doubled
the amount of the damages. When plagiarism is intentional and with
malice, courts are allowed to impose punitive damages, doubling and
even tripling the amount of the actual damage to punish the
plagiarist:
“The ultimate test […] is whether the public is
likely to be deceived or confused”.
The court awarded Dastar's profits to
respondents and doubled them pursuant to § 35 of the Lanham Act, 15
U.S.C. § 1117(a), to deter future infringing conduct by petitioner.
Another common type of Internet theft is
cybersquatting. The next section details how cybersquatters are
punished by the U.S. courts.
Cybersquatting
Cybersquatting is the illegal appropriation of
protected website names, URLs, content, trademarks or copyrighted
material. The U.S. Anticybersquatting Consumer Protection Act
(ACPA), which was passed into law in November 1999, contains a
provision that allows judges to order large damage awards against
cybersquatters. This ACPA defined cybersquatting as:
“registering or using with a bad faith intent
to profit a domain name that is confusingly similar to a registered
or unregistered mark or dilutive of a famous mark.”
|
Download your Oracle scripts now:
www.oracle-script.com
The
definitive Oracle Script collection for every Oracle professional DBA
|
|
