Question

Mix Restaurant Corporation owns the trademark “Mix.” Remix Café Company begins to use the mark without...

Mix Restaurant Corporation owns the trademark “Mix.” Remix Café Company begins to use the mark without authorization as a domain name. Mix files a suit against Remix on a theory of trademark dilution. This claim requires proof that

a.

Mix has registered all variations of the name “Mix.”

b.

the products involved are similar.

c.

none of the choices.

d.

consumers are likely to be confused by the names

EquiMeds Company and GenDrugs Inc. make and distribute prescription drugs. In a product-liability suit against both parties, the court is most likely to impose market-share liability if it cannot be proved which of the parties

a.

supplied the particular product that caused the injury.

b.

holds the largest share of the market for the product.

c.

exercised the least amount of due care in making the product.

d.

was in privity with the injured plaintiff

DIY, a retail hardware store, must use reasonable care on its premises to warn its invitees of

a.

no dangers.

b.

dangers about which the business does not, or should not, know.

c.

hidden dangers.

d.

all possible dangers.

Volatile Investments Inc. sends e-mail ads to any e-mail address that the sender can find on the Web or otherwise generate. Under federal law, Volatile’s marketing method

a.

may be permitted.

b.

is preempted.

c.

must be reviewed by a federal agency.

d.

is prohibited.

Trespass to land is committed if, without the permission of the property owner, a person

a.

enters the property to assist someone in danger.

b.

causes water to back up onto the property.

c.

has a revocable license to come onto the property.

d.

all of the choices.

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Answer #1

As per policy only first question will be answered

1. Trademark dilution theory is applicable if the mark is very famous and there are chances that consumers may get confused due to its use in original or modified form by others. Assuming that "Mix" trademark is very famous, option(d) is the correct answer

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