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312-49v10 Exam - Question 10


You are working for a large clothing manufacturer as a computer forensics investigator and are called in to investigate an unusual case of an employee possibly stealing clothing designs from the company and selling them under a different brand name for a different company. What you discover during the course of the investigation is that the clothing designs are actually original products of the employee and the company has no policy against an employee selling his own designs on his own time. The only thing that you can find that the employee is doing wrong is that his clothing design incorporates the same graphic symbol as that of the company with only the wording in the graphic being different. What area of the law is the employee violating?

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Correct Answer: A

The employee is violating trademark law. A trademark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others. Since the employee is incorporating the same graphic symbol as that of the company, even with different wording, it constitutes a trademark infringement.

Discussion

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ElbOption: A
May 30, 2024

United States trademark law is mainly governed by the Lanham Act. “Common law” trademark rights are acquired automatically when a business uses a name or logo in commerce, and are enforceable in state courts.

DumasOption: A
Jun 11, 2024

Brandmark is an image that represents the company. Trademarks are images also but contain a slogan or writing. The question clearly is talking about the writing. A is the answer