FINAL EXAMINATION
Trademark Law of the U.S. (LAW 891-§LS1)
Professor Anolik
Spring 2006

 

  1. You have three (3) hours to complete this exam. There is one (1) essay question in this exam, and twenty (20) multiple-choice questions. Recommended (but not required) time allotments for each section are indicated at the beginning of each section.

 

  1. This exam is an open-book examination. You may use your book, the statutes, and any printed, typed, photocopied, or handwritten materials, but you may not connect to the Internet, email, Lexis, or any other database, nor may you communicate with anyone else (other than your proctor) in completing this exam.

 

  1. This exam consists of two parts.

 

Section I consists of one (1) essay question. Please write your response in the blue books provided. Please write clearly.  Write on every other line and every other page to permit instructor comments. Number your blue books on the front cover of each blue book (for example, if you use three blue books, mark them as: 1 of 3; 2 of 3; 3 of 3). If you are set up to use ExamSoft, then you may use that for Section 1 instead of the blue books.

It is recommended (but not required) that you spend 60 minutes reading the question and complaint and outlining your answer, and 80 minutes writing the answer.

 

Section II consists of twenty (20) multiple choice questions. Please mark your responses to the multiple choice questions on the separate “ParSCORE TEST FORM” using pen or pencil and following the instructions on that form.  If you change your answer, place a clear X through the wrong answer and mark the correct answer.  A machine will score the exam and any ambiguities will be counted as a wrong answer. It is recommended (but not required) that you spend 40 minutes on Section II.

 

  1. Write your exam number on your exam envelope.  Put your correct class section and student exam # at the top of this page, each page of exam questions, each blue book, and the “ParSCORE TEST FORM.”  Do not use your name, student ID number or Social Security Number on any exam materials.

 

  1. At the conclusion of the exam, return all test materials, including blue books, ParScore answer sheet, scratch paper, and this exam packet to the envelope and submit it to the proctor. DO NOT seal the envelope. Students who do not return all exam materials at the end of the exam may not be graded.

 

GOOD LUCK!

SECTION 1: ESSAY QUESTION
 

(Worth: 80 points. Recommended time: 2 hours and 20 minutes)

 

Congratulations! You have just been chosen to be the law clerk for Judge Black, the judge hearing the CNG Financial Corp. v. Google, Inc. case. It is your job to review the attached complaint in that case and issue a memo to Judge Black. In your memo, the Judge wants you to carefully identify and analyze the best arguments and defenses of each party, give your recommendation as to the determination of each cause of action, and recommend his ultimate ruling.

 

A few parameters for you to follow when drafting this memo:

-         Do not discuss jurisdiction or venue issues; jurisdiction and venue are assumed to be appropriate for purposes of this question.

-         Do not discuss the Ohio state claim (the 6th cause of action).

-         Do not discuss the validity of the “Check ‘N Go” mark; assume it is an incontestable, Federally registered mark as described in paragraph 15 of the complaint.

-         Assume Judge Black has no prior knowledge of Trademark Law; your memo will be his complete education on the subject for this case.

-         Use and cite the material covered in this course (case law, statutes, legal trends, public policy arguments, etc.) in your memo.

-         You may combine causes of action for discussion purposes if you deem it appropriate.

-         If you choose to recommend an award of damages, you do not need to state exact dollar amounts.

-         If you believe you need to assume certain facts about this case that are not in the complaint in order to write your memo, state which facts you are assuming.

 

 

Note: The attached CNG Financial Corp. v. Google, Inc. complaint is identical to the one included in your April 5, 2006 reader.

 

 

 

.

 

END OF ESSAY QUESTION