SPM4723 Exam 3 UF || with 100% Verified Solutions.
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Course
SPM4723
Institution
SPM4723
Trademark Law correct answers name, logo or other defining characteristic that the public can recognize and associate with the organization
Federal Trademark Act of 1946 aka Lanham Act correct answers Governs the law of trademarks and their registration and provides causes of action that protect...
SPM4723 Exam 3 UF || with 100% Verified Solutions.
Trademark Law correct answers name, logo or other defining characteristic that the public can
recognize and associate with the organization
Federal Trademark Act of 1946 aka Lanham Act correct answers Governs the law of trademarks
and their registration and provides causes of action that protect trademark rights from
infringement
Protect the owner of a mark by preventing others from using the owner's mark without
permission or in a way that will cause confusion about the actual source of the mark
Trademark correct answers any word, name, symbol, or device or any combo thereof
Identifies a seller's goods and distinguishes them from those sold by others
Arbitrary or fanciful marks correct answers trademarks that are inherently distinctive because
they describe the source of a good and not the actual good itself
no direct relationship to the product itself; inherently distinctive because they indicate the source
of the goods rather than describe the goods themselves
Ex. Nike for sports apparel
Suggestive Marks correct answers provide some suggestion as to a quality or characteristic of the
goods or services associated with the mark, but require some mental exercise to connect the mark
with the product
hint at the characteristics of the goods or services but require some imagination to understand the
product they stand for
Ex. Hot pockets (warm food item but it would be a stretch that someone could guess it was
pizza)
Descriptive Marks correct answers Marks that describe the product or service and leave little a
consumer's imagination and that must attach a distinctive meaning to the product or service
(called secondary meaning) to be trademarked
only identify a characteristic or quality of a good or service
Ex. Screech golf ball
Secondary meaning correct answers widespread use and public recognition so that it indicates
the source of the good or service instead of the good or service itself
Ex. Team colors and logos
, Generic marks correct answers words that are common and do not refer to products from a
specific producer
no trademark protection; they refer to the name or class of the good or service and are so
common
Ex. Jell-O, Band-Aids
collective marks correct answers a trademark or service mark that identifies members of a union,
cooperative, or other collective organization.
no trademark protection; they refer to the name or class of the good or service and are so
common
Ex. Jell-O, Band-Aids
service marks correct answers similar to ordinary trademarks but used to identify the services or
intangible activities of a business rather than a business's physical product
sale or advertising of services to identify and distinguish the services of one entity from the
services of others
NCAA
infringement correct answers A violation, as of a law, regulation, or agreement; a breach
when another company uses the first organizations marks without its permission to capitalize on
its success
Trademark Infringement correct answers Unauthorized use of another's mark. The holder may
recover damages and other remedies from the infringer.
when a person uses a properly registered trademark of another without the owner's consent
Confusion correct answers strength of the mark, similarity between the marks, evidence of actual
confusion, consumer sophistication, quality of the alleged infringer's products, similarity
between the products and the ways they are sold, likelihood that the owner will expand the use of
her own marks in the future on other products, whether the alleged infringer acted with good
faith
License correct answers permits the licensee to associate its goods, services, or business with the
logos, names, and mascots of the licensor
Contractual relationship between the licensor and licensee
Licensor seeks to gain additional public exposure, expand its business, and generate income by
granting permission to licensee to use its various images
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