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Questions & Answers: Trademark and Unfair Competition
This study guide uses multiple-choice and short-answer questions to test your students' knowledge of trademark and unfair competition law doctrine.
Publisher: Carolina Academic Press
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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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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