Posted: December 6th, 2022

Should dissatisfied consumers have the right

Computer Sciences and Information Technology
Topic:
It
Discussion Questions
Should dissatisfied consumers have the right to establish gripe sties that use the trademark of the offending company in the domain name? How likely is it that consumers will be confused as to the “origin, sponsorship, or approval” of the gripe site by the offending company? Whether or not you think that confusion is likely, should a gripe site be considered to tarnish the targeted company’s trademark and thereby violate the Federal Trademark Dilution Act? Why or why not?
Chapter 5
2. It is common practice for recipients of email messages to sometimes forward those messages to others. Does such forwarding constitute copyright infringement? In your answer, be sure to specify which, if any, of the exclusive rights may have been violated by the act of forwarding and whether the doctrine of fair use applies. What remedies, if any, might a successful plaintiff be able to obtain
3. Read the following laws and standards:

Sarbanes-Oxley and
PCI DSS .
Develop a plan for an imagined “online payment company” to comply with Sarbanes-Oxley law and implement the Payment Card Industry Data Security Standard (PCI DSS)

Question 1
Federal trademark Dilution Act
The Federal Trademark Dilution Act was enacted to protect trademarks’ famous companies and businesses from users seeking to tarnish their brand names. This protects them from reputational damage due to competition or confusion; therefore, the act curbs consumer gripe sites. Users create the gripe stripes with malicious intent to expose the companies flaws to the public and, in turn, alter their sales patterns or ruin the company’s reputation. These Gripe stripes are, however, illegal (Missirian, 2019). Therefore, dissatisfied customers have no right to establish gripe sites and tarnish the company’s name as the gripe site will violate the company’s trademark name. Notably, even if the consumers are confused, using gripe sites is a violation of the federal trademark dilution Act. However, the consumers can launch official complaints to the company in the event of dissatisfaction, following the right legal channels rather than launching a grape site that uses the company’s trademarks and trying to ruin and tarnish the company’s domain. Customers who target users through the gripe sites have eligibility of being sued under the federal trademark dilution act (Singer, 2017).
Question 2
Copyright act
Forwarding of emails messages by recipients is considered and copyright infringement. With the increased number of emails and created daily, each email is instantly copyrighted; however, not all emails are indicated as reserved under the copyright laws. Section 107 of copyright rights defines that the email created goes under copyright protection the moment it is created. Therefore, once it is in a tangible medium bound by federal copyright law, it cannot be infringed unless with the email creator (Bello, 2020). However, copyright infringement occurs all the time, sometimes intentionally or inadvertently. For emails, though the is a clear indication of the copyright information, it can be regarded not to be a right copy infringement. For users who are sometimes unaware of copyright infringement, the copyright covers the exception of the doctrine fair use that classifies factors that categorizes infringement. For essences, if the email is under copying protection or factual if the email was for a nonprofit cause and depended on the amount of literature used in the email message. Therefore, sending emails may violate copyright laws, especially where the permission is not obtained to ensure that no laws relating to copyright are violated.
Question 3
Smith Industries is an online payment company. It will incorporate the Sarbanes-Oxley land, the Payment Card Industry Data Security Standard (PCI DSS). Sarbanes compliance is important to the company to ensure that h the financial data is accurate and protected against loss, especially that smith industries handle cardholder’s very sensitive information. For the company to comply with the PCI DSS and Sarbanes -Oxley requirements first, it will have to have a well-maintained network and secured system; this can be achieved by having strong passwords by changing the available default settings (Mitchell, 2016). Additionally, have a firewall system to protect the cardholder’s data from a breach. Secondly, protect the data through encryption of transmission to prevent vulnerabilities; furthermore, implementing authentication policies and procedures for all cardholders’ users come in handy to protect the company. Additionally, implement a risk assessment and management process to identify anomalies and respond to them on time.
References
Bello, B., & Aufderheide, P. (2020). INFORMATION ACTIVISM IN THE FIRST DIGITAL COPYRIGHT DECADE: A CASE STUDY OF THE DIGITAL FUTURE COALITION, 1996-2002 AND THE INTERNET THAT NEARLY WAS. AoIR Selected Papers of Internet Research.
Mitchell, D. (2016). Regulations to Reduce Data Breaches.
Missirian, D. E. (2019). The Death of Moral Freedom: How the Trademark Dilution Act Has Allowed Federal Courts to Punish Subjectively-Defined Immoral Secondary Use of Trademarks. Chi.-Kent J. Intell. Prop., 18, 396.
Singer, B. E., & Sharavsky,(2017) M. Using Third Parties’ Trademarks: Unpacking Commerciality, Competition, and Confusion. Bright Ideas, 17.

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