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Question 1
Terms which become generic can be cancelled under:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Although these cases address the question of how marks become generic, Section 1064 covers the cancellation of marks on the register. Section 1060 has to do with the assignment of rights in a mark.
Incorrect! Although these cases address the question of how marks become generic, Section 1064 covers the cancellation of marks on the register. Section 1060 has to do with the assignment of rights in a mark.
Question 2
The failure to use a mark for what period of time would tend to show that the mark has been abandoned?
Correct
Incorrect!
Correct
Incorrect!
Correct Under section 1127, nonuse for 3 consecutive years is prima facie evidence of abandonment.
Incorrect! Under section 1127, nonuse for 3 consecutive years is prima facie evidence of abandonment.
Correct
Incorrect!
Question 3
Naked licensing means:
Correct
Incorrect!
Correct Granting others permission to use your mark but failing to maintain any control of that use risks a court judgment of abandonment when an owner tries to sue any other party for infringement.
Incorrect! Granting others permission to use your mark but failing to maintain any control of that use risks a court judgment of abandonment when an owner tries to sue any other party for infringement.
Correct
Incorrect!
Correct
Incorrect!
Question 4
Lewis owns a catering business called "Lewis' Loud Lobster Barbecue." He has registered the arbitrary mark and has properly maintained the registration. Over the past several years, various Loud Lobster Barbecue catering companies have sprung up in the towns near where Lewis lives and operates. He recalls hearing something about this from a few of his clients, and his mother even called one day incorrectly thinking that her son had finally expanded his business and she was oh so very proud. Lewis is a laid back guy who is happy with the business he generates and doesn't mind if others use his mark, as long as they don?t encroach on his territory. The main problem here is that:
Correct
Incorrect!
Correct By 'sleeping on his rights,' Lewis might lose the ability to claim any rights at all in the mark. If he eventually does sue, his competitors might also use the theory of laches as a defense.
Incorrect! By 'sleeping on his rights,' Lewis might lose the ability to claim any rights at all in the mark. If he eventually does sue, his competitors might also use the theory of laches as a defense.
Correct
Incorrect!
Correct
Incorrect!
Question 5
In the University Bookstore v. Board of Regents case, the court found that the mark in question had not been abandoned despite the use of the mark by multiple unauthorized parties for a period in excess of two centuries (!) because:
Correct
Incorrect!
Correct The court in this case applied an 'industry standard' analysis and determined that it had been the norm for schools to allow others to use their marks. This practice no longer holds true among schools, and likely does not hold true for any other industry either.
Incorrect! The court in this case applied an 'industry standard' analysis and determined that it had been the norm for schools to allow others to use their marks. This practice no longer holds true among schools, and likely does not hold true for any other industry either.