GCFA · Question #2
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 A. Trademark law. Because the employee is selling goods under a trademark that is nearly identical to the company's registered trademark, the applicable legal remedy is trademark law, not copyright or cyber law.
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
- ATrademark law
- BCyber law
- CCopyright law
- DEspionage law
How the community answered
(41 responses)- A71% (29)
- B20% (8)
- C7% (3)
- D2% (1)
Why each option
Because the employee is selling goods under a trademark that is nearly identical to the company's registered trademark, the applicable legal remedy is trademark law, not copyright or cyber law.
Trademark law protects brand identifiers - names, logos, and marks used in commerce - from unauthorized use by others that would cause consumer confusion. Using a confusingly similar mark to sell competing goods constitutes trademark infringement regardless of whether the company has an internal design-copy policy, because trademark rights arise from registration and use in commerce, not from internal policy.
Cyber law addresses crimes committed via computers and networks; this dispute involves physical garments and brand marks sold in commerce.
Copyright law protects original creative expression in fixed works; since the company has no copyright policy covering garment designs, and the core violation is mark similarity, copyright is inapplicable here.
Espionage law covers theft of state secrets and national security information, not commercial trademark disputes between a private company and an individual.
Concept tested: Trademark infringement vs. other IP laws
Source: https://www.uspto.gov/trademarks/basics
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