Thierry Is a Successful Artist, Known Across Canada for His

question 70

Multiple Choice

Thierry is a successful artist, known across Canada for his marvelous portraits of famous Canadians. His work has been exhibited in the National Gallery, and he is beginning to acquire an international reputation. Recently, Thierry sold one of his paintings to the GuerillaGallery, not realizing that the owners of the GuerillaGallery had nothing but scorn for famous artists, insisting that they have sold out their creativity for the sake of the almighty dollar. The owners promptly took a large black felt marker and added a moustache to the painting's subject and drew an arrow poking through its head. When Thierry discovered the "act of these vandals" and further discovered that these "vandals were actually exhibiting the work," he was incensed. Despite his own disdain for lawyers, Thierry has decided to take legal action. His action ought to take the form of which of the following?

• A) a knock- off claim
• B) a moral rights infringement
• C) a trademark infringement
• D) a passing- off claim
• E) a trademark depreciation claim

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Definitions:

Shaking

Involuntary, rhythmic muscle movements involving to and fro movements of one or more parts of the body, often resulting from neurological conditions, stress, or cold.

Norepinephrine

A neurotransmitter and hormone involved in the body's response to stress, increasing heart rate and blood flow to muscles.

Heart Rate

The number of times a person's heart beats per minute, indicating cardiovascular health and activity levels.

Synaptic Vesicle

Membranous compartment that encloses a fixed number (called a quantum) of neurotransmitter molecules.