Which of the following is NOT generally a factor considered by courts in the likelihood of confusion test?
a. evidence of actual confusion
b. the strength and weakness of the marks
c. the intent of the alleged infringer in using the mark
d. whether the mark was registered on the principal register with the USPTO
d
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Specialists are typically held to a national standard of care in their field of expertise.
Answer the following statement true (T) or false (F)
In a trademark infringement action, the plaintiff bears the burden of proving that a likelihood of confusion exists
a. True b. False Indicate whether the statement is true or false
What does it mean when an objection is made because the attorney who is doing the questioning is taking the witness on a fishing expedition?
What will be an ideal response?
Courts automatically gain this type of jurisdiction over plaintiffs to lawsuits since they choose the court in which to file and therefore are agreeing to submit themselves to the court’s jurisdiction:
a. In rem jurisdiction b. In personam jurisdiction c. En se jurisdiction d. Actus reas jurisdiction