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Exam CSSLP topic 1 question 27 discussion

Actual exam question from ISC's CSSLP
Question #: 27
Topic #: 1
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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?

  • A. Espionage law
  • B. Trademark law
  • C. Cyber law
  • D. Copyright law
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Suggested Answer: restrict an infringing use. Failure to "police" a mark by stopping infringing uses can result in the loss of protection. Answer: D is incorrect. Copyright law of the 🗳️
The Trademark law is a piece of legislation that contains the federal statutes of trademark law in the United States. The Act prohibits a number of activities, including trademark infringement, trademark dilution, and false advertising. Trademarks were traditionally protected in the United States only under State common law, growing out of the tort of unfair competition. Trademark law in the United States is almost entirely enforced through private lawsuits. The exception is in the case of criminal counterfeiting of goods. Otherwise, the responsibility is entirely on the mark owner to file suit in either state or federal civil court in order to
United States governs the legally enforceable rights of creative and artistic works under the laws of the United States. Copyright law in the United States is part of federal law, and is authorized by the U.S. Constitution. The power to enact copyright law is granted in Article I, Section 8, Clause 8, also known as the Copyright
Clause. This clause forms the basis for U.S. copyright law ("Science", "Authors", "Writings") and patent law ("useful Arts", "Inventors", "Discoveries"), and includes the limited terms (or durations) allowed for copyrights and patents ("limited Times"), as well as the items they may protect. In the U.S., registrations of claims of copyright, recordation of copyright transfers, and other administrative aspects of copyright are the responsibility of the United States Copyright Office, a part of the
1917, which made it a crime for a person: To convey information with intent to interfere with the operation or success of the armed forces of the United States or to promote the success of its enemies. This was punishable by death or by imprisonment for not more than 30 years. To convey false reports or false statements with intent to interfere with the operation or success of the military or naval forces of the United States or to promote the success of its enemies and whoever when the United States is at war, to cause or attempt to cause insubordination, disloyalty, mutiny, refusal of duty, in the military or naval forces of the United States, or to related to the use of communicative, transactional and distributive aspect of networked information device and technologies. It is commonly known as INTERNET
LAW. These Laws are important to apply as Internet does not tend to make any geographical and jurisdictional boundaries clear; this is the reason why Cyber law is not very efficient. A single transaction may involve the laws of at least three jurisdictions, which are as follows: 1.The laws of the state/nation in which the user resides 2.The laws of the state/nation that apply where the server hosting the transaction is located 3.The laws of the state/nation, which apply to the person or business with whom the transaction takes place

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74gjd_37
5 months, 2 weeks ago
B. Trademark law. The Espionage law is unlikely to apply in this case. Espionage involves the theft of government secrets or classified information that could harm national security. It is not typically used in cases of intellectual property theft or trademark infringement. While the employee's actions are certainly unethical and possibly illegal, they do not involve the theft of national secrets or classified information. Therefore, the Espionage law is not applicable to this case.
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anuradha1306
9 months, 2 weeks ago
Selected Answer: B
B. Trademark law Trademark law protects the rights of a company or individual to use and protect their unique brand names, logos, and other distinctive marks associated with their goods or services. In this case, the employee is suspected of selling garments under a different brand name that is almost identical to the original trademark of the company. This can be considered as trademark infringement, as the employee is using a confusingly similar mark to deceive customers and profit from the company's reputation and designs. It's important to note that other laws, such as copyright law, may also be applicable depending on the specifics of the case, such as the originality and copyright protection of the garment designs. However, based on the information provided, the most relevant law for prosecuting the employee would be trademark law.
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