Asked by Diana Morrissey on Jun 13, 2024
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Paul and Robert designed a new phone case that they want to introduce to a large market. They decide that the quickest way to have their product recognized would be a symbol that would alert the buyer that it can be used with any smartphone. After playing with some symbols, they decide to use a slight variation of Apple Computer Ltd.'s apple symbol because it is pleasing to the eye and well known. Which of the following is true?
A) There could be no infringement of Apple Computer Ltd.'s registered trademark unless the apple symbol used by Paul and Robert is exactly like its symbol.
B) There could be no infringement of Apple Computer Ltd.'s registered trademark unless Apple Computer Ltd. suffers a loss because of this unauthorized use of its symbol.
C) It is one of the jobs of the trademark office to alert owners of trademarks when their symbols are being used by others.
D) If Apple Computer Ltd. did sue Paul and Robert for infringement of trademark, it could ask the court for an injunction as well as for damages.
E) Even if Paul and Robert knowingly forged the trademark, they would only be liable in a civil action and could never be charged with a criminal offence.
Trademark Infringement
Involves the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.
Registered Trademark
A symbol, word, or words legally registered or established by use as representing a company or product.
Apple Symbol
Trademark symbol associated with Apple Inc., representing its brand and products.
- Understand the significance and responsibilities associated with trademarks, breaches of trademark law, and the available solutions for individuals holding trademarks.
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Learning Objectives
- Understand the significance and responsibilities associated with trademarks, breaches of trademark law, and the available solutions for individuals holding trademarks.
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