Trademark Law Quiz Questions
What is the constitutional basis for the Lanham Act? 1. Commerce Clause 2. Intellectual property clause 3. Both 4. Neither
1. Commerce Clause
Which of the following arguments, if true, best supports the continued viability of the Dawn Donut rule? 1. Consumers rarely leave their home markets 2. Brand awareness is primarily a product of internet interactions and not direct in-person interactions with a good or service 3. Seller goodwill may be harmed even in the absence of competition 4. All of the above arguments support the persistence of the Dawn Donut rule 5. None of the above arguments support the persistence of the Dawn Donut rule
1. Consumers rarely leave their home markets
Which of the following claims, if true, best supports the existence of a post-sale confusion doctrine? 1. Consumers rely heavily on trademarks in the secondary market 2. Consumers understand that brand name merchandise will wear out 3. Third parties generally ascribe a good's condition to the conduct of its current owner, not to its original source or seller 4. The market for "prestige" goods harms social cohesion and, as a result, is ultimately harmful to the market economy as a whole
1. Consumers rely heavily on trademarks in the secondary market
In Two Pesos, what did the jury find? 1. That the claimed mark was inherently distinctive but had not acquired secondary meaning 2. That the claimed mark was inherently distinctive and had acquired secondary meaning 3. That the claimed mark was not inherently distinctive but had acquired secondary meaning 4. That the claimed mark was not inherently distinctive and had not acquired secondary meaning
1. That the claimed was inherently distinctive but had not acquired secondary meaning
In TrafFix . . . 1. The plaintiff sold the product branded "WindMaster," while the defendant sold the product branded "WindBuster." 2. The defendant sold the product branded "WindMaster," while the plaintiff sold the product branded "WindBuster 3. The defendant sold the product branded "TrafFix" while the plaintiff sold the product branded "MDI" 4. The plaintiff sold the product branded "TrafFix" while the defendant sold the product branded "MDI"
1. The plaintiff sold the product branded "WindMaster," while the defendant sold the product branded "WindBuster"
Consider an attempted registration for AMERICAN WATER for water bottles. The bottles are made in the United States, but consumers do not make a goods/place association. The registration is opposed by AMERICAN AIRLINES. A search of the trademark register reveals that there are 5125 live registrations of marks with the word "American" in the name. For purposes of this question, assume that none of them are for "AMERICAN WATER". What result? 1. The registration is granted 2. The registration is rejected because while AMERICAN once meant an airline, granting the registration would create multiple meanings in the marketplace, causing dilution by blurring 3. The registration is rejected for being geographically deceptively misdescriptive 4. The registration is rejected for causing a likelihood of confusion with AMERICAN AIRLINES 5. Both B and D
1. The registration is granted
Consider an attempted registration for FLY GEISER for a water bottle via an ITU application. According to Wikipedia, "Fly Geyser, also known as Fly Ranch Geyser is a small geothermal geyser located on private land in Washoe County, Nevada." FLY GEISER water bottles will be made in Illinois. What result? 1. The registration is granted (pending actual use in commerce) 2. The registration is rejected for being geographically descriptive 3. The registration is rejected for being geographically deceptively misdescriptive 4. The registration is granted because there is secondary meaning
1. The registration is granted (pending actual use in commerce)
According to the court in Hornady, which factor is most important in a likelihood of confusion analysis? 1. The similarity of the marks 2. Evidence of actual confusion 3. Strength of the contesting mark 4. The intent of the alleged infringer in adopting the contested mark
1. The similarity of the marks
Sellers are generally free to use and appropriate abandoned marks, even if the abandoned marks are famous. That this is so provides evidence of what proposition about trademark law? 1. Trademark doctrine will sometimes tolerate consumer confusion 2. Once value is created, trademark doctrine seeks to place it under the control of the creator 3. Trademark rights are rights that may be assigned en gross 4. Trademark use is often unimportant for determining who possesses trademark rights 5. The sentence does not support any of the above propositions
1. Trademark doctrine will sometimes tolerate consumer confusion
In Au-Tomotive Gold, the consumer care factor weighed in favor of which party? 1. Volkswagen and Audi 2. Auto Gold 3. Neither
1. Volkswagen and Audi
Consider the mark WOOD for coffee mugs. Which of the following is not a fact that, if true, might prevent registration? 1. WOOD mugs are inferior to the top-selling mugs 2. Consumers believe that WOOD mugs are made of wood 3. There is a market for mugs made out of wood 4. WOOD mugs are made from clay 5. None of the above
1. WOOD mugs are inferior to the top-selling mugs
Is the design of a liquid reservoir in a spray bottle functional for purposes of trademark law? 1. Yes, if the design affects the cost or quality of the product 2. Yes because reservoirs are essential to the working of a spray bottle 3. Yes, but only if there is no alternative to the design 4. No, if the design is inherently distinctive
1. Yes, if the design affects the cost or quality of the product
Which of the following is an inherently distinctive mark? 1. TASTY hamburgers 2. APPLE computer 3. Both 4. Neither
2. APPLE computer
In Packman, what professional sports team did the Chicago Tribune's headline allude to? 1. Chicago Bears 2. Chicago Bulls 3. Chicago Cubs 4. Chicago Blackhawks
2. Chicago Bulls
Consider these facts: The Eagle Corporation opens a chain of restaurants under the EAGLE mark. It begins operation in Illinois and Wisconsin in 2015. The Hawk corporation also wishes to adopt the EAGLE mark for restaurants. It begins operation of restaurants under the EAGLE name in Florida in 2016. The Eagle corporation obtains a trademark registration in 2017. In 2018, Hawk opens an EAGLE franchise in Georgia. The Eagle corporation enters into the Georgia and Florida markets (including the parts where Hawk operates) and sues Hawk for rights to the mark. All uses are in good faith. The Dawn Donut rule applies. The court does not recognize a zone of natural expansion. What result? 1. Hawk wins everywhere and may evict Eagle from Illinois and Wisconsin. 2. Eagle wins in Georgia but not Florida 3. Eagle wins in Florida but not Georgia 4. Hawk wins if Eagle had previously entered but then abandoned Georgia
2. Eagle wins in Georgia but not Florida
The Eagle Corporation opens a chain of restaurants under the EAGLE mark. It begins operation in Illinois and Wisconsin in 2015. The Hawk corporation also wishes to adopt the EAGLE mark for restaurants. It begins operation of restaurants under the EAGLE name in Florida in 2016. The Eagle corporation files for and obtains a trademark registration in 2017. In 2018, Hawk opens an EAGLE franchise in Georgia. The Eagle corporation sues Hawk to enjoin its uses. All uses are in good faith. Dawn Donut rule applies, but that the relevant jurisdictions do not recognize a zone of natural expansion. What result? 1. Hawk wins if Georgia is a place to which it would be expected to expand 2. Hawk may continue operation, but may ultimately have to cease operating in Georgia 3. Hawk has full rights to the EAGLE mark in Georgia and Florida 4. Hawk wins if Eagle had previously entered, but then abandoned, the Georgia market
2. Hawk may continue operation, but may ultimately have to cease operating in Georgia
What changed fact would have been most likely to change the outcome of the Moseley case on the dilution question? 1. If the plaintiff had a survey that indicated blurring had occurred 2. If the defendant's store were a pet shop 3. If the defendant's store were a pot dispensary 4. If more individuals had backed the claims of the Army Colonel that the defendant's store was offensive 5. If there were also a likelihood of confusion
2. If the defendant's store were a pet shop
Which changed fact would have been most likely to alter the result in the Visa case? 1. If VISA were a fanciful mark 2. If there were numerous other trademark uses of the term VISA by third parties 3. If JSL had adopted the eVISA mark with an intent to free ride on the plaintiff's goodwill 4. All of the above are equally likely to have altered the result 5. None of the above could have plausibly altered the result
2. If there were numerous other trademark uses of the term VISA by third parties
Consider these facts: Eve Entrepreneur opens an exercise studio that offers wellness services under the SPENGA mark. SPENGA offers classes in SPinning, strENgth training, and yoGA (get it?). If Eve is worried about securing trademark protection, which is the most plausible issue for her to worry about? You may assume that wellness services is the relevant category for the type of services at issue. 1. Is SPENGA fanciful or suggestive? 2. Is SPENGA suggestive or descriptive? 3. Is SPENGA descriptive or generic? 4. Is SPENGA functional?
2. Is SPENGA suggestive or descriptive?
In United Drug Co., Theodore Rectanus utilized the 'Rex' mark in which city predominately? 1. Memphis 2. Louisville 3. Nashville 4. Boston
2. Louisville
Which of the following is prima facie evidence of an intent to abandon a mark? 1. Non-use for a year 2. Non-use for three consecutive years 3. Non-use for five consecutive years 4. Non-use for three years over a five-year period 5. None of the above
2. Non-use for three consecutive years
Which of the following is a function of the functionality doctrine? 1. Preventing the use of trademark law to circumvent copyright law 2. Preventing the use of trademark law to circumvent patent law
2. Preventing the use of trademark law to circumvent patent law
Which of the following claims, if true, would best support a conclusion that the Louboutin trade dress is not functional? 1. Consumers wear shoes with contrasting soles primarily when they wear clothing with contrasting designs. When they do, they seek to match the patterns 2. Shoe shoppers consider Louboutin shoes to be ugly, but exceptionally well made and long lasting 3. Shoe designers know that when designing a shoe with a contrasting sole, the color red is one of only a few that work 4. In this year's fashion market, the color red is "in" 5. All of the above claims support holding that the trade dress is not functional 6. None of the above claims support holding that the trade dress is not functional
2. Shoe shoppers consider Louboutin shoes to be ugly, but exceptionally well made and long lasting
The infringement analysis in Maker's Mark turns on potential . . . 1. Source confusion 2. Sponsorship/affiliation confusion 3. Both
2. Sponsorship/affiliation confusion
Which of the following is a plausible argument for using the Seabrook Foods test in assessing the protectability of trade dress instead of the Abercrombie spectrum? 1. The factor that asks "whether [trademark subject matter] was capable of creating a commercial impression distinct from the accompanying words" merely restates the underlying inquiry 2. The Abercrombie categories are difficult to apply to non-word subject matter, as they evolved to address word marks 3. Courts have had more time to use Abercrombie than they have had to apply Seabrook Foods, which is a newer case. The older test is therefore more refined and easier for judges to apply in a thoughtful, nuanced way 4. All of the above are plausible arguments for favoring Seabrook Foods 5. None of the above are plausible arguments for favoring Seabrook Foods
2. The Abercrombie categories are difficult to apply to non-word subject matter, as they evolved to address word marks
In Louboutin . . . 1. The district court thought the claimed mark was functional and the Second Circuit agreed 2. The district court thought the claimed mark was functional and the Second Circuit disagreed 3. The district court thought the claimed mark was not functional and the Second Circuit agreed 4. The district court thought the claimed mark was not functional and the Second Circuit disagreed
2. The district court thought the claimed mark was functional and the Second Circuit disagreed
Which of the following is a fair characterization of the concurrence's problem with the majority in the Toyota v. Tabari case? 1. The majority was wrong to rule against Toyota 2. The majority engaged in unwarranted fact finding 3. Both 4. Neither
2. The majority engaged in unwarranted fact finding
The secondary liability standard employed by the Second Circuit in eBay most resembles what standard? 1. The standard contained in section 230 of the Communications Decency Act 2. The standard contained in 17 U.S.C. section 512(c)(1) 3. Strict liability 4. The court applies a secondary liability standard that is identical to the one applied to direct infringers
2. The standard contained in 17 U.S.C. section 512(c)(1)
Which of the following is a plausible critique of how dilution cases are adjudicated? 1. Congress has not offered any potential factors for evaluating dilution 2. Trademark law lacks a scientific consensus on what causes blurring 3. By requiring that plaintiffs establish "actual" dilution, as opposed to likely dilution, dilution law prevents the full assertion of trademark rights
2. Trademark law lacks a scientific consensus on what causes blurring
Which of the following is true of both the generic and functionality doctrines? 1. Both primarily focus on distinctiveness 2. Both are closely tied to the operation of the patent regime 3. Both arguably benefit one class of consumers at the expense of others 4. All of the above 5. None of the above
3. Both arguably benefit one class of consumers at the expense of others
Which case involved initial interest confusion? 1. Hermes 2. Boston Professional Hockey 3. Brookfield 4. None of the above
3. Brookfield
In Dawn Donut, according to the district court, why did the defendant ultimately adopt the mark 'Dawn'? 1. Defendant had actual knowledge of plaintiff's use of the mark 2. Defendant had actual knowledge of plaintiff's federal registration of the mark 3. Defendant selected the mark mainly because of a slogan used in its bakery operations 4. None of the above
3. Defendant selected the mark mainly because of a slogan used in its bakery operations
How does the Third Circuit use its nominative fair use analysis? 1. It treats the nominative fair use factors as a substitute for the multifactor test 2. It treats the nominative fair use factors as a defense to be applied after a normal application of the multifactor test 3. It treats the nominative fair use factors as a defense to be applied after a modified application of the multifactor test
3. It treats the nominative fair use factors as a defense to be applied after a modified application of the multifactor test
The Eagle Corporation purchases Hawk, Inc. Going forward, Eagle plans to market Hawk products under the EAGLE mark instead of HAWK. Alert to the possibility that HAWK may still retain value as a mark, Eagle plans to stage a few sales under the HAWK mark between Eagle-owned affiliates. Will this preserve Eagle's rights to the HAWK mark? 1. No, because of the naked licensing rule 2. No, because of licensee estoppel 3. No, because of the bona fide use requirement 4. Yes, if the sales are actually carried out 5. Yes, if the sales are actually carried out for three consecutive years
3. No, because of the bona fide use requirement
The Ford Furniture company offers a chair with a particularly shaped curve in the back (where the sitter rests their back). It claims trademark protection over the curve. Which of the following is not a potential ruling in the resulting litigation? 1. The curve is not functional 2. The curve is functional 3. The curve is inherently distinctive 4. The curve has secondary meaning 5. All of the above are possible outcomes
3. The curve is inherently distinctive
In Westco Group, what kind of evidence could the defendant bring to support its naked licensing claim? 1. The defendant could point to the plaintiff's licensing practices with respect to the defendant and also as to third parties 2. The defendant could point to the plaintiff's licensing practices with respect to the defendant, but not as to third parties 3. The defendant could point to the plaintiff's licensing practices with respect to third parties, but not as to the defendant 4. The defendant could not point to the plaintiff's licensing practices with respect to either the defendant or as to third parties
3. The defendant could point to the plaintiff's licensing practices with respect to third parties, but not as to the defendant
In Jay Franco & Sons, which of the following statements is true? 1. The mark was incontestable and therefore could not be challenged 2. The mark was not incontestable and therefore could be challenged 3. The mark was incontestable, but could nonetheless be challenged 4. The mark was not incontestable, but could nonetheless not be challenged
3. The mark was incontestable, but could nonetheless be challenged
According to the district court in Virgin Enterprises, what must a party show in order to seek an injunction? 1. The party need only show the probability of irreparable harm in the absence of relief 2. The party must show the probability of irreparable harm in the absence of relief or likelihood of success on the merits 3. The party must show the probability of irreparable harm in the absence of relief, and either likelihood of success on the merits or serious questions going to the merits and a balance of hardships tipping decidedly in its favor 4. None of the above
3. The party must show the probability of irreparable harm in the absence of relief, and either likelihood of success on the merits or serious questions going to the merits and a balance of hardships tipping decidedly in its favor
In Au-Tomotive Gold, Auto Gold products were accompanied with disclaimers for what purpose? 1. To deny any connection to Volkswagen but not Audi 2. To deny any connection to Audi but not Volkswagen 3. To deny any connection to Volkswagen or Audi 4. None of the above
3. To deny any connection to Volkwagen or Audi
A company attempts to register EVANSTON GIN for gin that is produced in Florida. The gin is famous in its market. Evanston is a town in Illinois. The facts reveal that the mark is geographically descriptive, and that consumers make a goods/place association with the mark and Evanston. That perception does not, however, affect their purchase decision. Will the registration be granted? 1. No, because the mark is deceptive 2. No, because the mark is geographically deceptively misdescriptive 3. Yes
3. Yes
According to the court in Hermes, why is the creation of confusion in the post-sale context harmful? 1. The purchaser of an original is harmed by the common existence of knockoffs because the high value of originals, which derives in part from their scarcity, is diminished. 2. The public may be deceived in the resale market if it requires expertise to distinguish between an original and a knockoff 3. If there are several knockoffs in the market, sales of the originals may decline since the public fears that they may not be purchasing an original 4. All the above
4. All of the above
Which of the following are factors that the court in Zatarains highlighted as circumstantial evidence relevant to the issue of secondary meaning? 1. Volume of sales 2. Length and manner of its use 3. Amount and manner of advertising 4. All of the above
4. All of the above
The Ford Furniture company offers a new model of chair that it ships to the market in a peculiarly shaped box. As of now, the effect of the shape on shipping costs is unknown. It claims trademark protection over the box. The box is copied and Ford sues for infringement. Which of the following is not a potential ruling in the resulting litigation? 1. The box is not functional 2. The box is functional 3. The box is inherently distinctive 4. All of the above are possible outcomes
4. All of the above are possible outcomes
PARMIGIANO-REGGIANO is a mark that may be used only for cheese that originates "in the Parma-Reggio region of Italy, specifically the zone comprising the territory of the provinces of Parma, Reggio Emilia, Modena and Mantua on the right bank of the river Po and Bologna on the left bank of the river Reno." Multiple producers may use the mark, but their cheese must be produced under standards enforced by the mark holder. What kind of mark best describes PARMIGIANO-REGGIANO? 1. Service mark 2. Trademark 3. Collective mark 4. Certification mark
4. Certification mark
The Eagle corporation sells widgets. Widgets are largely undifferentiated products. Competition in the widget market is therefore focused on price. A U.S. regulation requires widget boxes to disclose the country in which the widgets are made. EAGLE widgets are made in Belgium. Due to a printing error, boxes of EAGLE widgets erroneously state that they are made in France. The Hawk corporation, a competitor of Eagle, sues for false advertising. What is the most likely result? 1. Eagle wins unless Hawk produces a survey revealing that consumers believed the widgets were made in Belgium 2. Hawk wins because Eagle's origin statement was literally false 3. Eagle wins because disclosure of origin information was required by the government 4. Eagle wins because its falsehood was not material 5. Eagle wins because its statement was puffery
4. Eagle wins because its falsehood was not material
The color at issue in Qualitex, was a shade of: 1. Blue 2. Red 3. Purple 4. Green
4. Green
Where was the use at issue in the Dawn Donut case? 1. Kentucky 2. Massachusetts 3. Michigan 4. New York
4. New York
Many multifactor likelihood of confusion tests employ a factor that considers whether the plaintiff will bridge the gap. That factor is arguably redundant with what other common factor? 1. Strength of the plaintiff's mark 2. Similarity between the marks 3. Actual confusion 4. Proximity of the products
4. Proximity of the products
Eagle, Inc. owns the EAGLE mark for widgets; Sparrow Co. owns the SPARROW mark for widgets. In 2020 both marks identify very high-quality widgets. In the next ten years, Eagle lets its quality slip to the point that EAGLE widgets are known for being terrible. From time to time EAGLE widgets will be purchased by unsuspecting former customers who are unaware that quality had slipped so badly. Over the same ten years, Sparrow embarked on a brand licensing program, leasing the right to use the SPARROW mark on widgets to anyone willing to pay the price. Once Sparrow grants a license, it has no contact with the licensee, nor does it have any preexisting relationships with any of its licensees. Only quality widget makers license the Sparrow mark, so in 2030, SPARROW widgets retain a reputation for quality. Which of the following statements is true? 1. Neither the EAGLE nor the SPARROW mark has been abandoned 2. Both the EAG
4. The EAGLE mark has not been abandoned, the SPARROW mark has
In Packman, what was the headline at issue on the Chicago Tribune's front page? 1. The thrill of a three-peat. 2. The last dance. 3. The joy of a dynasty. 4. The joy of six.
4. The joy of six
Which of the following may be a basis by which a seller may both achieve priority to a mark over another and successfully register the mark? 1. Although the seller does not use the mark, consumers assume that it identifies distinguishes the seller's goods and services 2. The seller uses the mark in a manner analogous to a trademark use 3. The seller files an intent-to-use application 4. The seller makes a use in commerce as defined by the Lanham Act 5. All of the above
4. The seller makes a use in commerce as defined by the Lanham Act
Which of the following may be a basis by which a seller may achieve priority to a mark? 1. Although the seller does not use the mark, consumers assume that it identifies distinguishes the seller's goods and so refers to them by that name 2. The seller uses the mark in a manner analogous to a trademark use 3. The seller files an intent-to-use application 4. The seller makes a use in commerce as defined by the Lanham Act 5. All of the above 6. None of the above
5. All of the above
The Eagle Corporation sells widgets under the EAGLE mark. Eagle has only one factory that produces its widgets. That facility is destroyed in a fire (fortunately, no one was hurt). The Eagle factory has very specialized parts, so despite Eagle's best efforts, five years pass before a new facility is ready. In the meantime, Eagle remains active in the widget space, performing widget repairs and maintaining contacts with EAGLE purchasers, who are kept appraised of Eagle's plan to return to the market. Before Eagle's new factory is ready, Osprey, Inc. begins selling widgets under the EAGLE mark. When Eagle's factory comes online, who is most likely to own the EAGLE mark? 1. Osprey, if its sales were bona fide. 2. Eagle, but only if its new factory is completed in less than three years 3. Osprey, if its widgets are better than Eagle's 4. Osprey 5. Eagle
5. Eagle
Consider the following marks for candy: I. COMPUTER II. DENTIST'S TRIP III. DELICIOUS IV. SWEET MEMORIES V. DREAMS OF SUGAR Which of the preceding marks are likely to be treated as inherently distinctive? 1. All of the above 2. None of the above 3. I 4. II and IV 5. I, II, IV, and V
5. I, II, IV, and V
Which of the following is a plausible critique of dilution doctrine? A. Dilution is grounded in the protection of trademark interests, not consumers B. Dilution doctrine creates disincentives for mark holders to enhance the value of their famous marks C. By protecting all marks regardless of strength, dilution law is too broad D. B and C E. All of the above are equally plausible critiques
A. Dilution is grounded in the protection of trademark interests, not consumers
After the registration discussed above is issued, who will have priority in Massachusetts? (Amy or Bill?)
Amy
Consider the following timeline: January 2015: Amy files an ITU for the PEAR mark for a new brand of printer and the application is published February 2015: Bill sells a printer using the PEAR mark in Massachusetts and Vermont March 2015: Bill files a trademark registration for PEAR April 2015: Amy uses PEAR on the sale of printers in California and Oregon All uses are in good faith. Who gets the registration? (Amy or Bill?)
Amy
Which of the following best describes the UDRP? A. The UDRP employs a framework similar to the multifactor likelihood of confusion test B. The UDRP employs a framework similar to the ACPA C. The UDRP provides a comprehensive set of monetary remedies D. Both B and C E. Both A and C
B. The UDRP employs a framework similar to the ACPA
The Eagle Corporation opens a chain of restaurants and begins operation in Illinois and Wisconsin in 2015. Hawk also wishes to adopt the EAGLE mark for restaurants. It begins operation of restaurants under the EAGLE name in Florida in 2016. Eagle and Hawk enter into a licensing agreement that allows Hawk to use the EAGLE name if Hawk pays Eagle $100,000 per year. There are no other conditions, and there is no further contact between the parties. The Sparrow Corporation opens a restaurant under the EAGLE name in Florida in 2017. Eagle sues Sparrow for infringement. What is the most likely result? Eagle loses because there is no likelihood of confusion Eagle loses because it gave Hawk a naked license Eagle wins if it obtained a trademark registration prior to Hawk's entry into the market Eagle wins because it was the first to use the Eagle mark Both A and B Both C and D Eagle wins because of the Dawn Donut rule
Eagle loses because it gave Hawk a naked license
EAGLE widgets, made by Eagle Inc., are made and marketed in southern Illinois. They are by far the most popular widgets in the region, with many consumers in the area referring to them as a symbol of quality. Even people in the area who never have reason to purchase or use a widget will refer to something excellent as the "EAGLE of [the thing in question]." EAGLE's operations are confined to southern Illinois, and its product is largely unknown elsewhere. Hawkcorp begins marketing EAGLE televisions in southern Illinois. Eagle sues for dilution. What result? A. Eagle wins because the marks are identical B. Eagle wins if a survey establishes that Hawkcorp's use lessens the distinctiveness of EAGLE when used for widgets C. Hawkcorp wins if the local multifactor test favors Hawkcorp D. All of the above E. B and C F. None of the above
F. None of the above
ASPIRIN and CELLOPHANE are now considered arbitrary or fanciful marks. The preceding statement is: T/F?
False
According to the court in Hornady, copying successful features of another's product reflects an intent to deceive. The preceding statement is: T/F?
False
According to the court in Toyota Motor Sales, the Sleekcraft analysis applies where a defendant uses the mark to refer to the trademarked good itself. The preceding statement is: T/F?
False
For a mark to be merchandised as clothing, it must have been registered in that class of goods. The preceding statement is: T/F?
False
If a functional feature has acquired secondary meaning, courts permit its protection as a trademark. The preceding statement is: T/F?
False
If a generic mark acquires secondary meaning, it is eligible for trademark protection. The preceding statement is: T/F?
False
In Brookfield, West Coast's use of the word "moviebuff" in metatags did not result in initial interest confusion. The preceding statement is: T/F?
False
In KP Permanent Make-Up, the Court held that a party raising the statutory affirmative defense of fair use to a claim of trademark infringement has a burden to negate any likelihood that the practice complained of will confuse consumers about the origin of the goods or services affected. The preceding statement is: T/F?
False
In Multi Time Machine, the MTM Special Ops watch was part of the Amazon ecosystem of product offerings. The preceding statement is: T/F?
False
In a likelihood of confusion analysis, mark strength reflects only where the mark sits on the spectrum of distinctiveness. The preceding statement is: T/F?
False
In applying the multifactor test, courts add up the relevant factors; whichever party has the greater number of factors in its favor prevails. The preceding statement is: T/F?
False
In terms of proving secondary meaning, courts require that a majority of the relevant consumer class see the word as performing a trademark function. The preceding statement is: T/F?
False
In the Wal-Mart case, Wal-Mart won at the trial level. The preceding statement is: T/F?
False
Market proximity of marks is not a factor in determining whether consumer confusion is likely. The preceding statement is: T/F?
False
Professor McCarthy believes that trademark law and policy require the theory of aesthetic functionality. The preceding statement is: T/F?
False
Registration is required to establish trademark rights. The preceding statement is: T/F?
False
The Federal Circuit requires clear and convincing evidence of abandonment. The preceding statement is: T/F?
False
Trademark registration is required to append the "TM" symbol to your mark. The preceding statement is: T/F?
False
Under Elliott v. Google, the phrase "Google it," in which GOOGLE is used as a verb, is necessarily a generic use. The preceding statement is: T/F?
False
Under the Tea Rose/Rectanus doctrine, the first user of a trademark has nationwide priority. The preceding statement is: T/F?
False
Consider the mark CHICAGO for chocolate. The chocolate in question is made in Wisconsin. There is no secondary meaning. Will the mark be registered? No, if consumers do not make a goods-place association No, because the mark is descriptive No, if the city of Chicago is famous for the quality of its chocolates No, because there is a well-known music act named "Chicago" Yes, if no one else has previously registered CHICAGO for chocolates
No, if the city of Chicago is famous for the quality of its chocolates
A non-trademark use by a third party may be enough to prevent an attempted registration. The preceding statement is: T/F?
True
Depending on the circumstances, a familial relationship between a trademark licensor and licensee may excuse the absence of contractual quality control measures for purposes of the naked licensing doctrine. The preceding statement is: T/F?
True
If "Barbie Girl" had not been adjudicated to be a noncommercial use, the court would have likely found dilution. The preceding statement is: T/F?
True
In Au-Tomotive Gold, the court utilizes the "Sleekcraft" factors to determine the likelihood of confusion. The preceding statement is: T/F?
True
In Two Pesos, the Supreme Court held that a trade dress can be inherently distinctive. The preceding statement is: T/F?
True
In Virgin Enterprises, the plaintiff had filed an intent-to-use application with the PTO for use of the VIRGIN mark in the U.S. on telecommunications services and mobile telephones. The preceding statement is: T/F?
True
In Zatarains, the court affirmed the district court's finding that the "Fish-Fri" mark had acquired secondary meaning in the New Orleans area. The preceding statement is: T/F?
True
In evaluating a secondary meaning claim, the major inquiry is the consumer's perception of the mark. The preceding statement is: T/F?
True
In the preceding problem, it does not matter to the result if the Dawn Donut rule applies. This statement is: T/F?
True
Inherent distinctiveness aside, all of the potential marks noted in the preceding problem are potentially eligible for trademark protection. This statement is: T/F?
True
The Ninth Circuit's nominative fair use test is a test for likelihood of confusion. The preceding statement is:
True
The Trademark Office utilizes the Seabrook factors to assess the inherent distinctiveness of a trade dress. The preceding statement is: T/F?
True
The factors identified in Morton-Norwich remain relevant in many courts post-TrafFix. The preceding statement is: T/F?
True
Under Booking.com B.V., a generic term appended with a top-level domain specifier (e.g., ".com") is capable of receiving trademark protection. The preceding statement is: T/F?
True
Under Wal-Mart, product design is never inherently distinctive, and thus will always require secondary meaning to achieve trademark protection. The preceding statement is: T/F?
True
Under the Lanham Act, registration of a trademark on the principal register serves as constructive notice of the registrant's claim of ownership. The preceding statement is: T/F?
True
Under the anti-dissection rule, one must consider marks as a whole, rather than their component parts. The preceding statement is: T/F?
True
In Jay Franco, did the court determine that the circular beach is functional? Y/N?
Yes.
