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BUL 3310: Intellectual Property and Trademark Law: Exam 3 Review Questions Fully Solved. $9.99   Add to cart

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BUL 3310: Intellectual Property and Trademark Law: Exam 3 Review Questions Fully Solved.

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Trademark - Answer Distinctive mark, motto, device, or implement that a manufacturer stamps, prints, or otherwise affixes to the goods it produces so that they can be identified on the market and their origins made known. Essentially, a trademark is a... - Answer source indicator and must ...

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  • September 26, 2024
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COCOSOLUTIONS
BUL 3310: Intellectual Property and
Trademark Law: Exam 3 Review
Questions Fully Solved.
Trademark - Answer Distinctive mark, motto, device, or implement that a manufacturer stamps, prints,
or otherwise affixes to the goods it produces so that they can be identified on the market and their
origins made known.



Essentially, a trademark is a... - Answer source indicator and must be distinctive.



Trademarks have to be registered at... - Answer the federal level



Lanham Act - Answer Protects integrity trademarks at the federal statutory level.



Federal Trademark Dilution Act of 1995 - Answer Protects "distinctive" or "famous" trademarks and
allows trademark owners to bring suit in federal court against unauthorized uses of an identical or
similar mark.



In 2006, Congress further amended the law by passage of the Trademark Dilution Revision Act (TDRA).



Under the TDRA, a plaintiff must prove the following: - Answer 1) The plaintiff owns a famous mark
that is distinctive

2) The defendant has begun using a mark in commerce that allegedly is diluting the famous mark

3) The similarity between the defendant's mark and the famous mark gives rise to an association
between the marks

4) The association is likely to impair the distinctiveness of the famous mark or harm its reputation.



Starbucks Corp. v. Lundberg, 2005 WL 3183858 (D. Or. 2005) - Answer Coffee shop owner in Oregon
operated a business called "Sambuck's Coffeehouse." Starbucks Corporation filed a lawsuit against the
owner of Sambuck's alleging trademark dilution. The Federal District Court for the District of Oregon
held in favor of Starbuck's because it created confusion for consumers.

, Trademarks are not only protected by the actual mark, but also... - Answer anything similar to the
trademark



Example: If Sambuck's Coffeehouse wasn't a coffeehouse like Starbucks, it would probably be fine.



To be protected under federal trademark law, - Answer a trademark must be registered with the United
States Patent and Trademark Office. The trademark can be registered 1) if it is currently in commerce or
2) if the applicant intends to put it into commerce within six months.



What is Kermit the Frog protected by? - Answer Both trademark and copyright law

-He is a unique character



Fanciful, Arbitrary, and Suggestive Trademarks - Answer Are inherently distinctive.



Examples: Invented words, such as "Kodak" for photographic products and "Xerox" for a manufacturer's
copies.



Trademark: Secondary Meaning - Answer Descriptive terms, geographic terms, and personal names are
not inherently distinctive and do not receive protection under the law until they acquire a secondary
meaning.

Examples: London Fog, Johnny Football

Example: Paris can't be protected, but Lancome Paris can be.



Trademark: Generic Terms - Answer Generally do not receive trademark protection.



Examples: Aspirin, Thermos, Escalator, Corn Flakes



Are colors trademarked? - Answer Yes. But most of the time its combination of colors because it
constitutes trade dress.

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