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Question 1
Which of the following is NOT a factor to consider in determining the likelihood of confusion in an infringement case?
Correct
Incorrect!
Correct
Incorrect!
Correct The other answers are among the 8 factors to consider under the Polaroid test for likelihood of confusion.
Incorrect! The other answers are among the 8 factors to consider under the Polaroid test for likelihood of confusion.
Correct
Incorrect!
Question 2
Ultimately, infringing on another's mark is impermissible when:
Correct
Incorrect!
Correct
Incorrect!
Correct section 1114 prohibits the use of reproductions, counterfeits, copies or imitations of a registered mark, when the use is likely to cause confusion.
Incorrect! section 1114 prohibits the use of reproductions, counterfeits, copies or imitations of a registered mark, when the use is likely to cause confusion.
Correct
Incorrect!
Question 3
Joey opens a pizza place and registers the mark "Joey's Za." Some months later, a gourmet restaurant called "Joe's Za" opens in the same town. Owned by a nationally renowned restaurateur, thousands of dollars are spent on marketing. A grand opening is planned involving several famous movie stars, and multiple newspapers cover the opening. Can Joey the pizza place operator do anything to stop this?
Correct
Incorrect!
Correct
Incorrect!
Correct Even when a junior user's mark becomes more famous than the original mark, the senior mark owner (Joey) can still sue and prevail on the theory of 'Reverse Confusion.'
Incorrect! Even when a junior user's mark becomes more famous than the original mark, the senior mark owner (Joey) can still sue and prevail on the theory of 'Reverse Confusion.'