QUESTION 1

When considering whether there is a likelihood of confusion between trademarks, the courts will consider among other things the "strength" of the trademark.

True

False

QUESTION 2

Consider the use of the term "Apple" as discussed in the video lecture and evaluate this statement: only one person or company may use the name "apple" at a time without creating a trademark infringement.

True

False

QUESTION 3

When evaluating the "likelihood of confusion," courts will never consider evidence of whether a party intended to infringe on someone else's trademark when using a mark.

True

False

QUESTION 4

In the case of Apple Computers versus Apple Records, Apple Records would be considered the "senior user" of the Apple mark because it used the mark first.

True

False

QUESTION 5

Disputes between Apple Computer and Apple Records lasted an extensive period of time and resulted in Apple Computer buying trademark rights from Apple Records.

True

False

QUESTION 6

A trademark must be federally registered before the USPTO before a person obtains any rights in the trademark.

True

False

QUESTION 7

One of the advantages of federal trademark registration is that additional remedies are available to the trademark holder if the mark is violated.

True

False

QUESTION 8

An award of "treble damages" refers to a party being ordered by a court to stop using a trademark in a particular way.

True

False

QUESTION 9

Like copyrights and trademarks, there is no requirement of obtaining a patent grant in order to receive legal protection.

True

False

QUESTION 10

The US Patent and Trademark office's role in the patent process is substantial and includes maintaining a searchable database of all patent applications.

True

False