PRACTICE QUESTIONS

Big Boy Automotive Co. sued a competitor for Trademark Dilution. The competitor was using a mark that was not identical and could be distinguished from Big Boy's Mark upon close inspection. What factors should the court use in deciding this case?(SELECT ALL THAT APPLY)

a.Whether or not Big Boy's mark is both famous and distinctive.

b.Whether or not the similarity between the defendant's mark and Big Boy's mark gives rise to an association between the Marks.

c.Whether or not the two marks are identical.

d.Whether or not the defendant knew that the mark it was using would dilute the Big Boy mark.

e.Whether or not Big Boy and the company are in the same business and are therefore competitors.

f.Whether or not the association is likely to impair the distinctiveness of the Big Boy mark or harm its reputation.

g.The defendant has begun using a mark in commerce that allegedly is diluting the Big Boy mark.