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Question 1
Preemption occurs when:
Correct
Incorrect!
Correct This term goes beyond simple trademark law. Certain areas of law are regulated by the federal government only. In these areas, state law is said to be 'preempted' by federal law.
Incorrect! This term goes beyond simple trademark law. Certain areas of law are regulated by the federal government only. In these areas, state law is said to be 'preempted' by federal law.
Correct
Incorrect!
Correct
Incorrect!
Question 2
Trademark dilution occurs when:
Correct Section 1127 defines dilution for us as 'the lessening of the capacity of a famous mark to identify and distinguish goods.'
Incorrect! Section 1127 defines dilution for us as 'the lessening of the capacity of a famous mark to identify and distinguish goods.'
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 3
In order to make out in a case of trademark dilution, a plaintiff must first show:
Correct
Incorrect!
Correct
Incorrect!
Correct The theory of trademark dilution applies only to famous marks, unlike the infringement protection provided under Sections 1114 and 1125.
Incorrect! The theory of trademark dilution applies only to famous marks, unlike the infringement protection provided under Sections 1114 and 1125.