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BUL 3310: Intellectual Property and Trademark Law: Exam 3 Review Questions and Answers 100% Pass $12.49
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BUL 3310: Intellectual Property and Trademark Law: Exam 3 Review Questions and Answers 100% Pass
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BUL 3310: Intellectual Property and Trademark Law: Exam 3 Review Questions and Answers 100% Pass Trademark - ANSWER -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 t...

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  • December 17, 2024
  • 8
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers

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  • bul 3310 intellectual property and trademark law

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  • BUL 3310
  • BUL 3310

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BUL 3310: Intellectual Property and
Trademark Law: Exam 3 Review
Questions and Answers 100% Pass

Trademark - ANSWER ✔✔-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... - ANSWER ✔✔-source indicator and must be distinctive.


Trademarks have to be registered at... - ANSWER ✔✔-the federal level


Lanham Act - ANSWER ✔✔-Protects integrity trademarks at the federal statutory level.


Federal Trademark Dilution Act of 1995 - ANSWER ✔✔-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: - ANSWER ✔✔-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




Created by ©EmilyCharlene 2025. All rights reserved.

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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) - ANSWER ✔✔-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... - ANSWER ✔✔-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, - ANSWER ✔✔-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? - ANSWER ✔✔-Both trademark and copyright law


-He is a unique character


Fanciful, Arbitrary, and Suggestive Trademarks - ANSWER ✔✔-Are inherently distinctive.




Examples: Invented words, such as "Kodak" for photographic products and "Xerox" for a manufacturer's

copies.




Created by ©EmilyCharlene 2025. All rights reserved.

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