Asked by Bradley Bennett on May 26, 2024
Verified
Opiate Company markets a product using a trademark of Pharma Ltd. that is not registered in this country and has never otherwise been used here. Pharma did not authorize Opiate's use. Under the Lanham Act, Pharma can
A) bring an action against Opiate.
B) use any non-U.S. trademark of Opiate to sell a product in this country.
C) not use the mark because Opiate's use takes precedence.
D) none of the choices.
Lanham Act
The primary federal trademark statute of law in the United States, providing protection to owners of trademarks and service marks and combating deceptive practices and unfair competition.
Trademark
A recognizable sign, design, or expression which identifies products or services of a particular source from those of others, and is legally registered.
Non-U.S. Trademark
A trademark registered or recognized in countries outside of the United States, providing legal protection for brands and logos in those jurisdictions.
- Recognize the outcomes and legal proceedings associated with copyright and trademark violations in the digital realm.
Verified Answer
MA
Michelle AgbayaniJun 01, 2024
Final Answer :
A
Explanation :
Under the Lanham Act, a company can bring an action against another company for using its trademark without authorization, even if the trademark is not registered in the country where the infringement occurs, as long as the trademark is recognized and has rights attached to it.
Learning Objectives
- Recognize the outcomes and legal proceedings associated with copyright and trademark violations in the digital realm.