Incontestability and Fair Use Self-Quiz






The ideal situation for a mark owner is to have the mark fall under:
Choice 1 §1053.
Choice 2 §1058.
Choice 3 §1064.
Choice 4 §1065.
If a mark is incontestable under �1065, an accused infringer could still argue that:
Choice 1 The registrant has abandoned the mark.
Choice 2 The mark is functional.
Choice 3 The theory of estoppel applies.
Choice 4 All of the above.
Once a �1115 defense to �1065 incontestability has been successfully argued:
Choice 1 The defendant has won the case.
Choice 2 The defendant must still demonstrate fair use.
Choice 3 The plaintiff has lost the case.
Choice 4 The plaintiff can still prove the mark is valid.
The ?fair use? defense to trademark infringement depends on:
Choice 1 The defendant’s good faith use of the term to describe goods.
Choice 2 The defendant’s innocent use of the term to identify origin.
Choice 3 The plaintiff’s warehousing of marks.
Choice 4 None of the above.
Hungry Ron?s Burger Joint specializes in low-quality, high-sodium meals. They advertise their most popular burger as ?bigger, saltier, and tastier than a Big Mac.? Is this permissible under trademark law?
Choice 1 Yes, it is comparative advertising.
Choice 2 Yes, because the term “Big Mac” is being used generically.
Choice 3 No, because it uses a valid mark without permission.
Choice 4 No, because it’s just plain wrong.

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