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This article discusses the legal issues surrounding trademarks, unfair competition, and advertising. Topics include comparative advertising, secondary liability, keyword-triggered advertising, and more. Review questions for the final exam are also provided.
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Law 227: Trademarks &Unfair Competition Advertising & ReviewJuly 20, 2009Jefferson Scher
TM & Unfair Comp — Day 14Agenda • Optional Topics • Comparative Advertising • Secondary Liability • Keyword-triggered Advertising • About the Final Exam • Review Questions
Final Exam 2009Topics to be Tested • Legal Issues • LOC analysis = 53 points • 9 MC, 1 Essay • Distinctiveness = 34 points • 2 MC (secondary meaning, fair use), 3 Essays (suggestive/descriptive) • Other = 15 points • 3 MC (concurrent use, ACPA, UDRP)
Final Exam 2009Structure of the Exam • Two fact patterns (AKA scenarios) • You can work in any order • New facts in later questions may not be useful for earlier questions • Open book, computer, web • Organize in advance to avoid overload • Beware of unhelpful info on the web
Final Exam 2009Review • Your questions • No one sent me any questions