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True / False Questions 1. The Lanham Act provides a cause of action for trademark infringement and for various forms of unfair competition. 2. The FTC monitors both advertising practices and antitrust violations 3. Lack of intent to deceive relieves an advertiser of liability for deceptive advertising under the FTC Act. 4. A consumer.

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  • True / False Questions 1. The Lanham Act provides a cause
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5. Negative statements about a competitor’s products are permitted in comparative advertising provided they are clear, truthful, and non-deceptive. However, use of the competitor’s trademark in such advertising will constitute trademark infringement unless the competitor grants permission for the use or the FTC approves the advertising in advance. 6. Of the.

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  • 5. Negative statements about a competitor’s products permitted in comparative
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6. Marks that are not inherently distinctive are protected only when they acquire what? a. Arbitrary meaning. b. Primary association. c. Secondary meaning. d. Inherent distinctiveness. 7. The distinctive shape of a Coca-Cola bottle would be an example of which of the following? a. Trade dress. b. Ornamentation. c. A service mark. d. A certification mark. 8. Which of the.

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  • 6. Marks that not inherently distinctive protected only when they
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2. It has become increasingly common for plaintiffs to sue the franchisor for negligence arising from injuries suffered on the franchisee’s premises. What factors must a plaintiff show to recover from a franchisor under a negligence theory? 3. Explain why it is important from the franchisee’s perspective that the franchisor-franchisee relationship.

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  • 2. It has become increasingly common for plaintiffs to sue
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5. Porter was the sole owner and CEO of a telemarketing firm that marketed furnace filters to consumers over the telephone, Fundamental Furnace Filters, Inc. (FFF). The sales script used by FFF’s employees was drafted by Porter himself. The script was designed to induce consumers into purchasing the filters by persuading.

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  • 5. Porter was the sole owner and CEO of a
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6. Which federal government entity regulates deceptive or unfair advertising? a. The Federal Bureau of Investigation. b. The Federal Trade Commission. c. The Department of Justice. d. The Department of Commerce. e. The Federal Communication Commission. 7. The FTC Act requires that advertising meet three requirements. Which of the following is NOT one of the three.

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  • 6. Which federal government entity regulates deceptive or unfair advertising? a.
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