$p$

Question $45$

$1\mathrm{.}85$ pts

Healthy Baskets LLC is a small local company that sells healthy snack baskets. Healthy Baskets

has a unique logo$,$ but the company has not registered the logo with the U$.$S$.$ Patent and

Trademark Office. Recently, another company took Healthy Baskets' logo$,$ and is marketing its

baskets to customers using the same logo$.$

Which of the following is ACCURATELY describes the remedy available for Healthy Baskets

LLC$?$

Healthy baskets may recover both damages and an injunction prohibiting the other company from

using the logo$.$

Healthy Baskets has no remedy available since it did not register the logo$.$

Healthy Baskets may only recover damages from the other company.

Healthy Baskets may only obtain an injunction to stop the other company from using the logo$.$

As referenced in the case in the text, Toys $"$R$"$ Us Inc., v$.$ Canarsie Kiddie Shop Inc., which of the

following is true regarding generic terms?

Generic terms are not eligible for protection as trademarks.

Generic terms are eligible for protection as trademarks only if they have been used for at least ten

years.

The rule that generic terms are ineligible for protection as trademarks does not apply to words that

designate an entire species of products.

Generic terms are eligible for protection as trademarks only if they have been used for at least seven

years.

As referenced in the case in the text, Toys $"$R$"$ Us Inc., v$.$ Canarsie Kiddie Shop Inc., which of the

following is true regarding generic terms?

Generic terms are not eligible for protection as trademarks.

Generic terms are eligible for protection as trademarks only if they have been used for at least ten

years.

The rule that generic terms are ineligible for protection as trademarks does not apply to words that

designate an entire species of products.

Generic terms are eligible for protection as trademarks only if they have been used for at least seven

years.