trademark

Question 1

to bring a trademark infringement claim, a plaintiff myst establish:

Answer 1

1. the mark is protectable (valid/registered, or has distinctiveness)
2. defendants use of a similar mark creates a liklihood of confusion

Question 2

functionality is:

Answer 2

not protected from trademark

Question 3

three main categories of strong trademarks FAS

Answer 3

1. Fanciful
2. Arbitrary
3. Suggestive
   (FAS)

Question 4

fanciful

Answer 4

made up words (kodak for film)

Question 5

Arbitrary

Answer 5

existing words that are unrelated (Camel for cigs)

Question 6

Suggestive

Answer 6

hints at the product (tide for detergent)

Question 7

Polaroid test

Answer 7

the courts way of determining liklihood of confusion

Question 8

Polaroid Factors (SSS GAP QB)

Answer 8

1. strength of the mark
2. similarity of the marks
3. proximity of the service or products
4. actual confusion
5. sophistication of consumers
6. defendants good faith
7. quality of defendants product/service
8. liklihood plaintiff will bridge the gap

Question 9

strength of the mark

Answer 9

distinctiveness and secondary meaning in the relevant market

Question 10

similarity of the marks

Answer 10

how closely the two marks resemble eachother (visual, phonetic, and conceptual resemblance)

Question 11

proximity of the product/service

Answer 11

whether they compete in the same industry or geographic area

Question 12

quality of defendants product or service

Answer 12

whether it affects the plaintiffs reputation

Question 13

likelihood plaintiff will bridging the gap

Answer 13

whether the plaintiff is likely to expand into the defendants market

Question 14

geographic distance in trademark disputes

Answer 14

courts consider the geographic separation
2. strong local reputation does not auto mean distinctive
3. when the plaintiff lacks market presence in the defndants area, confusion is less likely

Question 15

when deciding likelihood of confusion, courts consider the trademark of

Answer 15

the plaintiff

Question 16

use of personal names in trademarks

Answer 16

1. courts are reluctant to prevent individuals from using their own names
2. personal names are generally descriptive unless they acquire secondary meaning
3. good faith usage of a personal name weighs against infringement

Question 17

descriptive trademark

Answer 17

a mark the directly describes a characteristic, quality, function, or feature of good/service that it represents.
they are typically not protectable unless they acquire secondary meaning

Question 18

secondary meaning

Answer 18

if consumers recognize the term as referring to a particular company rather than a general product or service

Question 19

generic terms

Answer 19

cannot be trademarked because they can be easily confused with something else because they catergorize an entirety of a good or service

Question 20

defendants good or bad faith

Answer 20

whether the defendant intentionally copied the mark to deceive consumers

Question 21

trademark PPL

Answer 21

protectable
polaroid
likelihood of confusion

Question 22

likelihood of confusion can also mean liklihood of..

Answer 22

can also include the likelihood of affiliation

Question 23

trademark =

Answer 23

liklihood of confusion