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).
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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
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
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