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CSSLP · Question #27

Adam works as a Computer Hacking Forensic Investigator for a garment company in the United States. A project has been assigned to him to investigate a case of a disloyal employee who is suspected of s

The correct answer is B. Trademark law. The employee can be prosecuted under trademark law due to selling garments under a brand name almost identical to the company's original trademark.

Secure Software Concepts

Question

Adam works as a Computer Hacking Forensic Investigator for a garment company in the United States. A project has been assigned to him to investigate a case of a disloyal employee who is suspected of stealing design of the garments, which belongs to the company and selling those garments of the same design under different brand name. Adam investigated that the company does not have any policy related to the copy of design of the garments. He also investigated that the trademark under which the employee is selling the garments is almost identical to the original trademark of the company. On the grounds of which of the following laws can the employee be prosecuted?

Options

  • AEspionage law
  • BTrademark law
  • CCyber law
  • DCopyright law

How the community answered

(46 responses)
  • A
    11% (5)
  • B
    83% (38)
  • C
    2% (1)
  • D
    4% (2)

Why each option

The employee can be prosecuted under trademark law due to selling garments under a brand name almost identical to the company's original trademark.

AEspionage law

Espionage law deals with betraying secrets to a foreign power or engaging in industrial espionage for competitive gain, which is not primarily indicated by the trademark infringement described.

BTrademark lawCorrect

Trademark law protects distinctive signs, designs, or expressions that identify products or services of a particular source, and the use of an almost identical trademark by the employee constitutes infringement because it creates a likelihood of consumer confusion.

CCyber law

Cyber law is a broad legal area concerning the internet and computer systems; while the act may involve digital means, the core infringement is on intellectual property, specifically a trademark.

DCopyright law

Copyright law protects original works of authorship, such as literary, dramatic, musical, or artistic works; while garment designs might be copyrightable, the question specifically highlights the 'trademark under which the employee is selling the garments' as the point of contention.

Concept tested: Intellectual property law - Trademark

Source: https://www.uspto.gov/trademarks

Topics

#Intellectual Property (IP)#Trademark law#Legal compliance

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