Victoria registered a trademark under the Lanham Act. Six years later Don noticed Victoria's trademark and filed a lawsuit to enjoin her from using it. He proved he had registered the mark in several states more than ten years before Victoria obtained her trademark. Will Don prevail?
a. Probably. Victoria should have conducted a better search of trademarks registered under state laws.
b. Yes. Federal law specifically states a federal trademark is not valid for any lawful owner of the same mark under state law.
c. No. Don will not prevail and Victoria can continue to use the mark because she has been using it for more than 5 years.
d. None of the above.
c
You might also like to view...
________ of goods occurs when a buyer, after having reasonable opportunity to inspect the goods, either indicates that he will take them or fails to reject them.
A. Notification of shipment B. Acceptance C. Improper delivery D. Assurance of performance
Linda and David borrowed $10,000 from the Smart Loan Company and executed a mortgage on their home to Smart Loan as security for the note. Smart Loan did not record the mortgage. If Linda and David sell their home to Sheila, and Sheila is not aware of the mortgage, then the mortgage is ________.
A. as valid for Sheila as it is to Linda and David B. invalid for all parties C. not valid for Sheila D. valid for future creditors only
A population of size 1,000 has a proportion of 0.5. Therefore, the proportion and the standard deviation of the sample proportion for samples of size 100 are
A. 500 and 0.047. B. 500 and 0.050. C. 0.5 and 0.047. D. 0.5 and 0.050.
TynsCorp wants to get input from its employees regarding its benefits package. The most common way to do this would be to use
A. performance appraisals. B. psychological tests. C. union reports. D. opinion surveys.