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BUL 3310: Intellectual Property and Trademark Law: Exam 3 Review Questions and Answers 2024/2025 $10.49
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BUL 3310: Intellectual Property and Trademark Law: Exam 3 Review Questions and Answers 2024/2025
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Trademark → 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... → source indicator and must be distincti...

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  • October 15, 2024
  • 8
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers

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  • bul 3310 intellectual property and trademark law
  • trademark distinctive mark motto device or im

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2 0 2 4 /2025 | © copyright | This work may not be copied for profit gain Excel!


BUL 3310: Intellectual Property and
Trademark Law: Exam 3 Review
Questions and Answers 2024/2025
Trademark


→ 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...

→ source indicator and must be distinctive.


Trademarks have to be registered at...

→ the federal level


Lanham Act


→ Protects integrity trademarks at the federal statutory level.


Federal Trademark Dilution Act of 1995

→ 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:




1|Page| GradeA+ | 2 0 0 2 5

, 2 0 2 4 /2025 | © copyright | This work may not be copied for profit gain Excel!

→ 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)


→ 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...

→ 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,

→ 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?

→ Both trademark and copyright law
→ -He is a unique character


Fanciful, Arbitrary, and Suggestive Trademarks




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