One of the Conditions That a Plaintiff Must Show in Order

question 32

Multiple Choice

One of the conditions that a plaintiff must show in order to recover for trademark infringement is that:

• A)the defendant used the mark only in exports.
• B)the defendant's use of the mark was in connection with the advertising of goods.
• C)the defendant's use of the trademarks dilutes their distinctive quality.
• D)the defendant began using the trademarks after they became famous.

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Definitions:

Tort Theory

A framework within civil law that addresses and provides remedies for civil wrongs not arising from contractual obligations, where one party's negligence or intentional act causes harm to another.

Disaffirmance

The legal act of renouncing or voiding a contract or agreement, particularly used in cases where one party is a minor or where there has been fraud or mistake.

Cognitive Ability Test

A psychological test designed to measure a person's ability to think, reason, and solve problems.

Incompetent Person

An individual who is deemed legally incapable of entering into legal agreements or managing their own affairs due to mental disability or illness.