Wednesday, November 6, 2019

When trademark infringement is alleged, what is the effect of actual confusion?

A _______________ mark identifies a significant characteristic of the product but is not the common name of the product. 
A. Suggestive
B. Arbitrary or fanciful
C. Generic
D. Descriptive
E. Common
A descriptive mark identifies a significant characteristic of the product, but is not the common name of the product.

To obtain trademark protection, a descriptive term must have attained ____________. 
A. Secondary meaning
B. Primary meaning
C. Primary application
D. Secondary application
E. Secondary acknowledgement
To achieve trademark protection, a descriptive term must have attained secondary meaning, that is, it must have become distinctive of the applicant's goods in commerce.

A ____________ mark is one that requires imagination, thought, and perception to reach a conclusion as to the nature of the goods. 
A. Generic
B. Descriptive
C. Suggestive
D. Conclusory
E. Artful
A suggestive mark is one that requires imagination, thought, and perception to reach a conclusion as to the nature of the goods.

When trademark infringement is alleged, what is the effect of actual confusion? 
A. It is not a prerequisite for the plaintiff to recover but it is a strong indication that there is a likelihood of confusion.
B. It is a prerequisite for the plaintiff to recover.
C. It is a weak indication that there is a likelihood of confusion.
D. It is a strong indication that the plaintiff will bridge the gap.
E. It is a strong indication that there is a likelihood of confusion and also that the plaintiff will bridge the gap.
Evidence of actual confusion is a strong indication that there is a likelihood of confusion. It is not, however, a prerequisite for the plaintiff to recover.

Which of the following is the way people and businesses are located on the Web? 
A. Through product names
B. Through Internet names
C. Through domain names
D. Through trademark names
E. Through search engines
Domain names are important because they are the way people and businesses are located on the Web.

With which of the following does a government website address end? 
A. .gov
B. .edu
C. .net
D. .org
E. .com
Most Web sites have two domains. The first-level domain, the one the address ends with, generally identifies the type of site. For example, if it is a government site, it will end in gov.

With which of the following does a network website address end? 
A. .gov
B. .edu
C. .net
D. .org
E. .com
Most Web sites have two domains. The first-level domain, the one the address ends with, generally identifies the type of site. For example, a network site will end in net.

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