Trademark Dilution Self-Quiz
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Preemption occurs when:
One mark is used prior to a later, identical mark.
State law is superseded by federal law.
Trademark law is used instead of copyright law.
There is no such thing as “preemption.”
Trademark dilution occurs when:
A famous mark becomes less capable of identifying goods.
Multiple marks are used by a single producer for a single product (such as selling a sweater under two different store names).
A mark is improperly maintained on the principal register.
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:
The validity of his mark.
The similarity of the competing mark.
That the mark is famous.
That the mark is valuable in commerce.
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