Questions & Answers: Trademark and Unfair Competition 2007

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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