BUL 3310: Intellectual Property and Trademark Law: Exam 3 Review Questions and Answers (100% Pass)
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Course
BUL 3310
Institution
BUL 3310
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.
T...
✓ 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) 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)
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