Paul and Robert Designed a New Phone Case That They

question 82

Multiple Choice

Paul and Robert designed a new phone case that they want to introduce to a large market. They decide that the quickest way to have their product recognized would be a symbol that would alert the buyer that it can be used with any smartphone. After playing with some symbols, they decide to use a slight variation of Apple Computer Ltd.'s apple symbol because it is pleasing to the eye and well known. Which of the following is true?

• A) There could be no infringement of Apple Computer Ltd.'s registered trademark unless the apple symbol used by Paul and Robert is exactly like its symbol.
• B) There could be no infringement of Apple Computer Ltd.'s registered trademark unless Apple Computer Ltd. suffers a loss because of this unauthorized use of its symbol.
• C) It is one of the jobs of the trademark office to alert owners of trademarks when their symbols are being used by others.
• D) If Apple Computer Ltd. did sue Paul and Robert for infringement of trademark, it could ask the court for an injunction as well as for damages.
• E) Even if Paul and Robert knowingly forged the trademark, they would only be liable in a civil action and could never be charged with a criminal offence.

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Definitions:

Option Contracts

Financial derivatives that give the buyer the right, but not the obligation, to buy or sell an asset at a specified price on or before a certain date.

Financial Liabilities

Obligations that require an entity to pay money or deliver financial assets to another party in the future, which can arise from borrowing, purchasing goods or services on credit, or issuing bonds.

Bank Overdraft

A facility allowing an entity to withdraw more money from a bank account than has been deposited, within a previously agreed limit.

Unsecured Convertible Notes

Debt instruments that can be converted into a predetermined amount of the issuer's equity and do not have collateral backing.