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?
A.
Copyright
B.
Trademark
C.
Patent
D.
Intellectual property
Explanation:
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.