Questions & Answers: Trademark and Unfair Competition
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Subscribers are advised of the number of Updates that were made to the particular publication the prior year. The number of Updates may vary due to developments in the law and other publishing issues, but subscribers may use this as a rough estimate of future shipments. Subscribers may call Customer Support at 800-833-9844 for additional information.
Subscribers may cancel this subscription by: calling Customer Support at 800-833-9844; emailing customer.support@lexisnexis.com; or returning the invoice marked 'CANCEL'.
If subscribers cancel within 30 days after the product is ordered or received and return the product at their expense, then they will receive a full credit of the price for the annual subscription.
If subscribers cancel between 31 and 60 days after the invoice date and return the product at their expense, then they will receive a 5/6th credit of the price for the annual subscription. No credit will be given for cancellations more than 60 days after the invoice date. To receive any credit, subscriber must return all product(s) shipped during the year at their expense within the applicable cancellation period listed above.
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This study guide uses multiple-choice and short-answer questions to test your students knowledge of trademark and unfair competition law doctrine. Each multiple-choice question is accompanied by a detailed answer that indicates which of four options is the best answer and explains why that option is better than the other three options. Each short-answer question (designed to be answered in no more than fifteen minutes) is followed by a thoughtful, yet brief, model answer. Q & A: Trademark and Unfair Competition also includes a comprehensive topical index.
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Table of contents
DEDICATION
ABOUT THE AUTHOR
PREFACE
QUESTIONS
Topic 1: Justifications and Sources of Trademark Law
Topic 2: Service Marks, Certification Marks and Collective Marks
Topic 3: Basic Distinctiveness: The Spectrum of Distinctiveness; Word Marks Including Acronyms and Foreign Words
Topic 4: Distinctiveness: Inherently; Secondary Meaning; Never
Topic 5: Distinctiveness: Non-word Marks, Colors and Trade Dress
Topic 6: Functionality
Topic 7: Acquiring Rights: Use
Topic 8: Use: Product/Service and Geographic Reach (Footprint)
Topic 9: Registration: Constructive Use and Intent to Use
Topic 10: Registration: Process; Basic Requirements and Benefits
Topic 11: Registration: Grounds for Refusal
Topic 12: Registration: Incontestability
Topic 13: Infringement: Likelihood of Confusion
Topic 14: Dilution
Topic 15: Anticybersquatting
Topic 16: Defenses: Fair Use, Nominative Use, Parody/Free Speech
Topic 17: Defenses: First Sale
Topic 18: Remedies
Topic 19: Duration of Rights, Abandonment and Loss of Rights
Topic 20: Extraterritorial Application and Trademark Treaties
Topic 21: False Advertising and False Designation of Origin
Topic 22: Right of Publicity, False Endorsement and Attribution
PRACTICE FINAL EXAM: QUESTIONS
ANSWERS
Topic 1: Justifications and Sources of Trademark Law
Topic 2: Service Marks, Certification Marks and Collective Marks
Topic 3: Basic Distinctiveness: The Spectrum of Distinctiveness; Word Marks Including Acronyms and Foreign Words
Topic 4: Distinctiveness: Inherently; Secondary Meaning; Never
Topic 5: Distinctiveness: Non-word Marks, Colors and Trade Dress
Topic 6: Functionality
Topic 7: Acquiring Rights: Use
Topic 8: Use: Product/Service and Geographic Reach (Footprint)
Topic 9: Registration: Constructive Use and Intent to Use
Topic 10: Registration: Process; Basic Requirements and Benefits
Topic 11: Registration: Grounds for Refusal
Topic 12: Registration: Incontestability
Topic 13: Infringement: Likelihood of Confusion
Topic 14: Dilution
Topic 15: Anticybersquatting
Topic 16: Defenses: Fair Use, Nominative Use, Parody/Free Speech
Topic 17: Defenses: First Sale
Topic 18: Remedies
Topic 19: Duration of Rights, Abandonment and Loss of Rights
Topic 20: Extraterritorial Application and Trademark Treaties
Topic 21: False Advertising and False Designation of Origin
Topic 22: Right of Publicity, False Endorsement and Attribution
PRACTICE FINAL EXAM: ANSWERS
INDEX