[Scuba Diving] Felicia Invented a New Type of Mask That

question 60

Multiple Choice

[Scuba Diving] Felicia invented a new type of mask that was not subject to fogging for scuba divers and obtained a patent on it. She agrees to allow Mei to manufacture and sell the mask. She receives a sum of money for every mask that Mei sells. Felicia also entered into an agreement with Evan to allow him to sell the masks, but only if he also purchased non-patented diving suits from Felicia. All parties proceeded to do very well with their sales.
-In determining whether a mark infringes on a registered trademark, which of the following factors would the court be least likely to consider:

• A) The similarity of the products or services in issue.
• B) The similarity of the two marks.
• C) The sophistication of consumers.
• D) The intent of the defendant to palm off its product as that of another.
• E) The market share of the plaintiff and defendant.

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Definitions:

Serial Position Effect

A cognitive phenomenon where items at the beginning and end of a list are more likely to be remembered than those in the middle.

Effortful Processing

The active process of trying to remember, learn, or understand something, which requires attention and deliberate effort.

Effective Encoding

The process of converting information into a form that allows it to be stored in our memory.

Amygdala

A key structure within the brain associated with processing emotions, including fear and pleasure.