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BUL 3310: Intellectual Property and Trademark Law: Exam 3 Review Questions and Answers (100% Pass) $11.49   Add to cart

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BUL 3310: Intellectual Property and Trademark Law: Exam 3 Review Questions and Answers (100% Pass)

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Trademark Distinctive mark, motto, device, or implement that a manufacturer stamps, prints, or otherwise affixes to the goods it produces so that they can be identified on the market and their origins made known. Essentially, a trademark is a... source indicator and must be distinctive. T...

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  • November 18, 2024
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  • BUL 3310
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BUL 3310: Intellectual Property and
Trademark Law: Exam 3 Review
Questions and Answers (100% Pass)
Trademark


✓ Distinctive mark, motto, device, or implement that a manufacturer

stamps, prints, or otherwise affixes to the goods it produces so that they

can be identified on the market and their origins made known.




Essentially, a trademark is a...


✓ source indicator and must be distinctive.




Trademarks have to be registered at...


✓ the federal level




Lanham Act


✓ Protects integrity trademarks at the federal statutory level.




Federal Trademark Dilution Act of 1995




Master01 |Excellent Study Material| Latest update

, 1|Page | © copyright Master01| Grade A+

✓ Protects "distinctive" or "famous" trademarks and allows trademark

owners to bring suit in federal court against unauthorized uses of an

identical or similar mark.



✓ In 2006, Congress further amended the law by passage of the

Trademark Dilution Revision Act (TDRA).




Under the TDRA, a plaintiff must prove the following:


✓ 1) The plaintiff owns a famous mark that is distinctive

✓ 2) The defendant has begun using a mark in commerce that allegedly

is diluting the famous mark

✓ 3) The similarity between the defendant's mark and the famous mark

gives rise to an association between the marks

✓ 4) The association is likely to impair the distinctiveness of the famous

mark or harm its reputation.




Starbucks Corp. v. Lundberg, 2005 WL 3183858 (D. Or. 2005)




Master01 |Excellent Study Material| Latest update

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