BUL 3310: INTELLECTUAL PROPERTY AND
TRADEMARK LAW: EXAM 3 REVIEW EXAM AND
COMPLETE CORRECT DETAILED ANSWERS |ALREADY
GRADED A+ LATEST UPDATE | 2024-2025
Trademark Ans- 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.
Quiz: Essentially, a trademark is a... Ans- source indicator and must be distinctive.
Quiz: Trademarks have to be registered at... Ans- the federal level
Quiz: Lanham Act Ans- Protects integrity trademarks at the federal statutory level.
Quiz: Federal Trademark Dilution Act of 1995 Ans- 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).
, 2
Quiz: Under the TDRA, a plaintiff must prove the following: Ans- 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.
Quiz: Starbucks Corp. v. Lundberg, 2005 WL 3183858 (D. Or. 2005) Ans- 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.
Quiz: Trademarks are not only protected by the actual mark, but also... Ans- anything similar to
the trademark
Example: If Sambuck's Coffeehouse wasn't a coffeehouse like Starbucks, it would probably be fine.
Quiz: To be protected under federal trademark law, Ans- 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.
Quiz: What is Kermit the Frog protected by? Ans- Both trademark and copyright law
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