Clemson Law 3220 questions and answers provided
what type of classification of trade mark is used to describe everything? generic
what type of classification of trade mark is used to describe everything? generic
registration can be done... online
registration can be done... online
registration...
what type of classification of trade mark is used to describe everything? ✔✔generic
what type of classification of trade mark is used to describe everything? ✔✔generic
registration can be done... ✔✔online
registration can be done... ✔✔online
registration is good for _____ years, after which must be renewed ✔✔10
registration is good for _____ years, after which must be renewed ✔✔10
Confusion of origin of goods by improper use of trademark; essentially stealing another's good name
✔✔infringement
Confusion of origin of goods by improper use of trademark; essentially stealing another's good name
✔✔infringement
Rights further expanded through The Trademark Dilution Act - strengthened by Trademark Revision
Dilution Act of 2006.
Injunction can be issued against those blurring or tarnishing famous trademarks
ex: Nike cant sell guitars ✔✔dilution
Rights further expanded through The Trademark Dilution Act - strengthened by Trademark Revision
Dilution Act of 2006.
Injunction can be issued against those blurring or tarnishing famous trademarks
ex: Nike cant sell guitars ✔✔dilution
,Trademark is improperly used in a domain name ✔✔cybersquatting
Trademark is improperly used in a domain name ✔✔cybersquatting
what is the purpose of Audi AG vs. D'Amato? ✔✔cybersquatting
what is the purpose of Audi AG vs. D'Amato? ✔✔cybersquatting
what was held in the Audi AG vs. D'Amato case? ✔✔Held: for Audi and affirmed after D'Amto appealed,
he was still infringement "likelihood of confusion"
what was held in the Audi AG vs. D'Amato case? ✔✔Held: for Audi and affirmed after D'Amto appealed,
he was still infringement "likelihood of confusion"
Copying or imitating of a mark without authority to do so.
Passing off goods as if they were original. ✔✔counterfeiting
Copying or imitating of a mark without authority to do so.
Passing off goods as if they were original. ✔✔counterfeiting
what allows private parties to obtain search-and-seizure orders to grab counterfeit goods. ✔✔Lanham
Act
what allows private parties to obtain search-and-seizure orders to grab counterfeit goods. ✔✔Lanham
Act
trade dress is protected by... ✔✔Lanham Act
,trade dress is protected by... ✔✔Lanham Act
the concerns the "look and feel" of products and service establishments ✔✔trade dress
the concerns the "look and feel" of products and service establishments ✔✔trade dress
what was held in the Walmart v. Samara Bros case? ✔✔No infringement by Wal-Mart of Samara's
design of children clothing, although its designs were similar. Protection received if trade dress is
distinctive and has secondary meaning.
what was held in the Walmart v. Samara Bros case? ✔✔No infringement by Wal-Mart of Samara's
design of children clothing, although its designs were similar. Protection received if trade dress is
distinctive and has secondary meaning.
Apply to services, not goods ✔✔service marks
Apply to services, not goods ✔✔service marks
Word, symbol, device or any combination of these ✔✔certification marks
Word, symbol, device or any combination of these ✔✔certification marks
Name of company or a business ✔✔trade names
Name of company or a business ✔✔trade names
what cannot be registered under the Lanham Act? ✔✔trade names
what cannot be registered under the Lanham Act? ✔✔trade names
, Reputation of a firm that gives value to trademarks and other forms of intellectual property ✔✔goodwill
Reputation of a firm that gives value to trademarks and other forms of intellectual property ✔✔goodwill
Gives owner exclusive right to:
-Reproduce
-Publish or distribute
-Display in public
-Perform in pubic
-Prepare derivative works based on original ✔✔copyright
Gives owner exclusive right to:
-Reproduce
-Publish or distribute
-Display in public
-Perform in pubic
-Prepare derivative works based on original ✔✔copyright
"for purposes such as criticism, comment, news reporting, teaching, . . . scholarship, or research" ✔✔fair
use
"for purposes such as criticism, comment, news reporting, teaching, . . . scholarship, or research" ✔✔fair
use
Exclusive right to make, use, or sell a product for 20 years ✔✔patent
Exclusive right to make, use, or sell a product for 20 years ✔✔patent
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