Test your knowledge on trademark infringment defenses!
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Horizontales
Phrase that Oprah Winfrey argued was descriptive of OWN’s publications
Exception to the first sale doctrine
A plaintiff need not show that the goods were actually ___ in cases that rely on the quality control exception to the First Sale doctrine
____ activities might technically fall outside the scope of the Rogers test, but are usually protected as a reasonable extension of the Rogers test
The test from Rogers v. Grimaldi was originally intended for ____, but the test is now utilized when uses of marks arise in other expressive contexts
According to Prestonettes, Inc. v. Coty, repacking is okay, so long as it’s disclosed and it’s not ____
Phrase that was found to be descriptive, even when it did not describe a characteristic of the defendant’s product
Market that relies on the First Sale doctrine
Type of fair use that arises when a defendant has used the same term to describe its goods and services that the plaintiff used as a source-identifier for its goods or services
Set of factors used to determine whether the conditions of nominative fair have been met
Verticales
Artistic relevance just must be more than
Requirement of a descriptive fair use defense per Lanham Act Section 33(b)(4)
Word that was printed on every golf ball in Nitro Leisure v. Acushnets
The basis for treating trademark use in expressive works differently than trademark use in other situations
Type of fair use that allows a use of a mark when that use is referential
Outkast song where the artistic relevance standard was not met
Circuit court that does not treat nominative fair use as an affirmative defense
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