Trademark
Categories of Marks
Lanham Act
Louboutin v. Yves Saint Laurent
100

A ____ can be a word, a phrase,  an image, a design, a sound, a color, a smell, or even packaging for a product.

Symbol

100

This mark is used by the members of an organization to point out that they are members.

Collective Marks

100

This civil remedies is type of relief that awards money.

monetary compensation or monetary damages

100

It was eventually ruled that Louboutin’s trademark was to be modified to only apply when a red outsole ____ with the upper of a shoe.

contrasted

200

This mark for goods is established automatically through use in commerce but offers limited, local protection. 

Unregistered trademark (™)


200

This famous certification mark indicates wool products meet certain standards.

Woolmark

200

Someone who uses a symbol in a way that is likely to cause confusion about the source of goods or services may be liable to the mark’s owner on the basis of _____.

Trademark infringement

200

The name for the design aspect that Christian Louboutin registered for women’s footwear.

Red Sole Mark

300

Trademark identifies the ___ of a product or service.

Source

300

This mark encompasses the "total image of a business.”

Trade dress

300

The year the Lanham Act was enacted.

1946

300

Yves Saint Laurent argued that Louboutin’s trademark was invalid because single color trademarks were too _____, too broad, and not unique enough to be used in the fashion industry.

Functional

400

In the United States, you register a trademark with the _____.

United States Patent and Trademark Office (USPTO)

400

A service does not need to be the ____ of the mark owner, but services must be sufficiently separate from the sale of goods to be eligible for a service mark.

Primary business

400

The amendment in the Lanham Act that also provides remedies for bad-faith registration of Internet domain names that are similar to trademarks.

Anti-Cybersquatting Act (1999)

400

This concept refers to a mark gaining meaning through consumer association over time.

Secondary meaning

M
e
n
u