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Question 1
The ideal situation for a mark owner is to have the mark fall under:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Section 1053 covers service marks, Section 1058 addresses registered trademark duration, and Section 1064 involves registration cancellation. Section 1065, however, states the circumstances under which a mark becomes 'incontestable,' which comes in quite handy in an infringement claim.
Incorrect! Section 1053 covers service marks, Section 1058 addresses registered trademark duration, and Section 1064 involves registration cancellation. Section 1065, however, states the circumstances under which a mark becomes 'incontestable,' which comes in quite handy in an infringement claim.
Question 2
If a mark is incontestable under §1065, an accused infringer could still argue that:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Section 1115(b) provides for nine defenses to incontestable marks, including the three listed here.
Incorrect! Section 1115(b) provides for nine defenses to incontestable marks, including the three listed here.
Question 3
Once a Section 1115 defense to Section 1065 incontestability has been successfully argued:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Simply because a defendant successfully defends against the mark owner's claim of incontestability does not mean that the case is over. Instead, it simply means that the plaintiff cannot rely on section 1065 to establish the mark's validity and must find some other way to do so.
Incorrect! Simply because a defendant successfully defends against the mark owner's claim of incontestability does not mean that the case is over. Instead, it simply means that the plaintiff cannot rely on section 1065 to establish the mark's validity and must find some other way to do so.
Question 4
The 'fair use' defense to trademark infringement depends on:
Correct The fair use defense applies in cases where the defendant has used the term, in good faith, to describe goods instead of using it to identify the origin of those goods.
Incorrect! The fair use defense applies in cases where the defendant has used the term, in good faith, to describe goods instead of using it to identify the origin of those goods.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 5
Hungry Ron's Burger Joint specializes in low-quality, high-sodium meals. They advertise their most popular burger as 'bigger, saltier, and tastier than a Big Mac'. Is this permissible under trademark law?
Correct The use of another's mark in comparative advertising is permissible as long as one is careful not to imply any affiliation with the mark owner.
Incorrect! The use of another's mark in comparative advertising is permissible as long as one is careful not to imply any affiliation with the mark owner.