Question
Mah designs vintage-themed cookie jars with holiday designs on them; they are sold exclusively through high-end kitchen and home design stores, under the mark Mid-century
Mah designs vintage-themed cookie jars with holiday designs on them; they are sold exclusively through high-end kitchen and home design stores, under the mark "Mid-century and Mah!", which she federally registered two years ago. The mid-century Santa version of the cookie jar has in particular been a big seller for her for the past five years. Mah has now discovered that Russell is selling vintage-holiday decorations, including decorative figurines, under the mark "Midcentury and Me!"
Which of the following statements is most correct?
Group of answer choices
A. In order to bring a trademark dilution suit, Mah must first show that her mark is "famous."
B. Because cookie jars are functional, Mah's trademark registration will be invalidated if challenged by Russell in a trademark infringement lawsuit.
C. The USPTO will not bring a trademark infringement suit against Russell because Mah waited at least three years after her first sale to federally register her mark.
D. "Midcentury and Mah!" is a slogan that can only be protected by copyright law, not trademark law.
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