ADMS 2610 Chapter Notes - Chapter 7: E-Commerce, Testator, Uberrima Fides

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Chapter 14 (7th edition) / chapter 15 (8th edition) (please refer to the week 7 course notes for the corresponding page numbers and questions for both the 7th and 8th editions. ) The body of law that applies is trade mark law. The argument of fact to be used was the notion that a person gaining access to the domain would be misled to associate that domain with a person or business that it is not really related. For example a person using the name nike. com but having no association with that business. The public would be misled as to who owned the site and who or what the site actually represented. This would be based on a passing off theory. Contract law will apply where there is no special law created for electronic commerce. The federal government likely has the pre-eminent power to regulate the internet under its power to regulate trade, commerce, and communication.

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