Trademark Dilution Self-Quiz

 

 

 

 

 

 

 

Preemption occurs when:
Choice 1 One mark is used prior to a later, identical mark.
Choice 2 State law is superseded by federal law.
Choice 3 Trademark law is used instead of copyright law.
Choice 4 There is no such thing as “preemption.”
Trademark dilution occurs when:
Choice 1 A famous mark becomes less capable of identifying goods.
Choice 2 Multiple marks are used by a single producer for a single product (such as selling a sweater under two different store names).
Choice 3 A mark is improperly maintained on the principal register.
Choice 4 A trademark is mixed with two parts water and 1 part soda.
In order to make out in a case of trademark dilution, a plaintiff must first show:
Choice 1 The validity of his mark.
Choice 2 The similarity of the competing mark.
Choice 3 That the mark is famous.
Choice 4 That the mark is valuable in commerce.

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