Week 3 Quiz 3

Topics: Trademark, United States trademark law, Trademark law Pages: 7 (854 words) Published: August 9, 2013
 1.| Question :| Network Solutions, Inc. is the registry for|
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 | | | domain names. |
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 2.| Question :| In the Web address , the word “amazon” is an example of a|
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 | | | second-level domain name. |
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 3.| Question :| Which of the following types of marks cannot be protected under the Lanham Act?|
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 | | | generic marks |
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 4.| Question :| Acme Waterproofing Company adopts the Web address . The word “watershield” can best be described as a|
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 | | | suggestive mark. |
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 5.| Question :| A colored design or shape associated with a product is best described as|
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 | | | a tradedress. |
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 6.| Question :| Under the Lanham Act, a descriptive mark will|
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 | | | receive protection under either a or b. |
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 7.| Question :| To qualify for trademark protection from the USPTO, a|
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 | | | company’s mark must not already be in use by someone else. | |
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 8.| Question :| If a mark is not inherently distinctive and has not obtained a “secondary meaning,” the best way to proceed for a company that is seeking to have the mark protected is to place the mark on USPTO’s|

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 | | | Supplemental Register for 5 years. |
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 9.| Question :| The likelihood of consumer confusion is a necessary element in which of the following type(s) of cases?|
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 | | | trademark infringement |
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 10.| Question :| That a trademark be “famous” is a necessary element in which of the following type(s) of cases?|
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 | | | both a and b |
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 11.| Question :| Assume that the Union of Public Speakers, founded in 1990, established a Web site with the address . Which of the following actions would the United Parcel Service (UPS), founded very many years ago, be entitled to bring against the Union of Public Speakers?|

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 | | | trademark dilution by blurring and trademark infringement | |
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 12.| Question :| Assume that Hyundi established a new line of automobiles that it advertised as the “Best Motorized Wheels in the Universe.” Assume also that in order to market these vehicles it established a separate Web site with the address . Which of the following actions would the auto maker BMW be entitled to bring against Hyundi?|

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 | | | trademark dilution by tarnishment and trademark infringement | |
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 13.| Question :| Internet technology that allows a Web user to view the content of a second Web site while still viewing the home page of the first Web site is called|
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 | | framing. |
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 14.| Question :| Internet technology that allows a Web user at one site to bypass the home page of a second site and connect directly with other pages within the second site is called|
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 | | deeplinking. |
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 15.| Question :| An unethical company could use which of the following technologies “invisibly” to attract potential on-line customers away from a competitor|
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 | | a metatag. |
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 16.| Question :| In Julia Roberts v. Russell Boyd, the arbitrator ruled that federal trademark registration of Julia Roberts name is|
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 | | | not required because it has acquired common law trademark rights. | |
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 17.| Question :| A trademark infringement occurs when a party uses a trademark that|
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 | | causes a “likelihood of confusion” between goods or the relationship between the parties that make the goods. | |
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 18.| Question :| Factors from the Lapp case include|
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 | | | all of the above |
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 19.| Question :| In the Checkpoint Systems case, the District Court found that|
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 | | | the parties marketed their products to different users. | |
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 20.| Question :| The Federal Trademark Dilution Act of 1996 amended the Lanham Act to|
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 | | | protect...
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