BLAW 243 FINAL EXAM QUESTIONS
WITH 100% VERIFIED ANSWERS
\.What is a trademark? - ANSWERS-A word, name, symbol or device used to
identify and distinguish his or her PRODUCT from the competition
\.What is the purpose of a Trademark? (4) - ANSWERS-1. Source Indicator to
Consumer
2. Quality Assurance
3. Symbol of Goodwill
4. Marketing and Advertising Device
\.What is a service mark? - ANSWERS-It distinguishes/identifies the source of
SERVICE
\.What is a Trade Name? - ANSWERS-It distinguishes/identifies the company's
NAME
,\.What is a Trade Dress? (UPS Truck, Goldfish) - ANSWERS-The distinctive features
of a product's packaging or overall appearance of a product that are protected
under trademark law
\.What is a Certification Mark? - ANSWERS-It "certifies" product/service
characteristics (region of origin, produced by _________, quality)
BUT, owner of mark DOES NOT actually own, manufacture or sell the product
\.What is a Collective Mark? - ANSWERS-Indicates MEMBERSHIP in a group or
association
\.Trademark Infringement:
The "Lanham Act" prohibits unauthorized use of what? - ANSWERS-The use of an
identical or similar mark likely to CONFUSE customers
\.In order to sue for violation of the "Lanham Act", you must prove that another
company....(3) - ANSWERS-1. Used an identical or similar logo
2. Logo directly competed with your goods/services
3. Use of similar logo will likely CONFUSE customers
,\.Brianna's company sells hand cream. Brianna's company has received trademark
protection for use of its mark on hand cream products in Pennsylvania. Drew's
company also sells hand cream in Pennsylvania and has decided to use a mark
that is virtually identical to Brianna's. If Brianna sues Drew in court, a court will
likely hold
A. Drew is liable for trademark infringement
B. Drew's is not liable for trademark infringement
Why? - ANSWERS-A. Drew is liable for trademark infringement
***Liable because:
1. Not original mark
2. Used "virtually identical" mark of original
3. Both sell Handcream (identical products)
\.The "LIKELIHOOD OF CONFUSION as to the SOURCE of the Product" is a valid test
for ___________ - ANSWERS-Infringement
***The consumer will be confused about WHO MADE THE PRODUCT
\.The likelihood of CONFUSION is evaluated from the perspective of the
_______________________ - ANSWERS-AVERAGE PURCHASER of that
PARTICULAR PRODUCT
, \.If the Plaintiff's mark is FAMOUS, dilution prohibits unauthorized use of an
IDENTICAL or SIMILAR mark on... (3) - ANSWERS-1. Directly competing
goods/services
2. Non-competing but RELATED goods/services
3. Non-competing and non-related goods/services
\.What is Dilution of Trademark? - ANSWERS-Erosion of Value of a famous mark by
"BLURRING" or "TARNISHING" the mark
\.Skanky Sex Toys has made a series of mechanical "pleasure toys" that include a
depiction of Mickey Mouse stamped on each product. Skanky did not receive a
license from Disney to use the Mickey Mouse character. If Disney sues Skanky
Video in court which of the following is likely correct:
A. A court will hold that Skanky diluted Disney's trademark and, as such, Skanky IS
liable for trademark dilution;
B. A court will determine Skanky is NOT liable for trademark infringement because
there is little likelihood consumers would confuse Skanky's product with Disney's
product;
C. Both A and B are correct
Why? - ANSWERS-C. Both A and B are correct
WITH 100% VERIFIED ANSWERS
\.What is a trademark? - ANSWERS-A word, name, symbol or device used to
identify and distinguish his or her PRODUCT from the competition
\.What is the purpose of a Trademark? (4) - ANSWERS-1. Source Indicator to
Consumer
2. Quality Assurance
3. Symbol of Goodwill
4. Marketing and Advertising Device
\.What is a service mark? - ANSWERS-It distinguishes/identifies the source of
SERVICE
\.What is a Trade Name? - ANSWERS-It distinguishes/identifies the company's
NAME
,\.What is a Trade Dress? (UPS Truck, Goldfish) - ANSWERS-The distinctive features
of a product's packaging or overall appearance of a product that are protected
under trademark law
\.What is a Certification Mark? - ANSWERS-It "certifies" product/service
characteristics (region of origin, produced by _________, quality)
BUT, owner of mark DOES NOT actually own, manufacture or sell the product
\.What is a Collective Mark? - ANSWERS-Indicates MEMBERSHIP in a group or
association
\.Trademark Infringement:
The "Lanham Act" prohibits unauthorized use of what? - ANSWERS-The use of an
identical or similar mark likely to CONFUSE customers
\.In order to sue for violation of the "Lanham Act", you must prove that another
company....(3) - ANSWERS-1. Used an identical or similar logo
2. Logo directly competed with your goods/services
3. Use of similar logo will likely CONFUSE customers
,\.Brianna's company sells hand cream. Brianna's company has received trademark
protection for use of its mark on hand cream products in Pennsylvania. Drew's
company also sells hand cream in Pennsylvania and has decided to use a mark
that is virtually identical to Brianna's. If Brianna sues Drew in court, a court will
likely hold
A. Drew is liable for trademark infringement
B. Drew's is not liable for trademark infringement
Why? - ANSWERS-A. Drew is liable for trademark infringement
***Liable because:
1. Not original mark
2. Used "virtually identical" mark of original
3. Both sell Handcream (identical products)
\.The "LIKELIHOOD OF CONFUSION as to the SOURCE of the Product" is a valid test
for ___________ - ANSWERS-Infringement
***The consumer will be confused about WHO MADE THE PRODUCT
\.The likelihood of CONFUSION is evaluated from the perspective of the
_______________________ - ANSWERS-AVERAGE PURCHASER of that
PARTICULAR PRODUCT
, \.If the Plaintiff's mark is FAMOUS, dilution prohibits unauthorized use of an
IDENTICAL or SIMILAR mark on... (3) - ANSWERS-1. Directly competing
goods/services
2. Non-competing but RELATED goods/services
3. Non-competing and non-related goods/services
\.What is Dilution of Trademark? - ANSWERS-Erosion of Value of a famous mark by
"BLURRING" or "TARNISHING" the mark
\.Skanky Sex Toys has made a series of mechanical "pleasure toys" that include a
depiction of Mickey Mouse stamped on each product. Skanky did not receive a
license from Disney to use the Mickey Mouse character. If Disney sues Skanky
Video in court which of the following is likely correct:
A. A court will hold that Skanky diluted Disney's trademark and, as such, Skanky IS
liable for trademark dilution;
B. A court will determine Skanky is NOT liable for trademark infringement because
there is little likelihood consumers would confuse Skanky's product with Disney's
product;
C. Both A and B are correct
Why? - ANSWERS-C. Both A and B are correct
