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Questions & Answers: Trademark and Unfair Competition 2007

Questions & Answers: Trademark and Unfair Competition 2007

Vincent F. Chiappetta, Professor of Law, Willamette University College of Law


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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.

    Professors and adjunct professors may request complimentary examination copies of LexisNexis law school publications to consider for class adoption or recommendation. Please identify the book(s) you wish to receive, provide your institutional contact information, and submit your request here.

    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

     

     

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