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Opiate Company Markets a Product Using a Trademark of Pharma

Question 12

Multiple Choice

Opiate Company markets a product using a trademark of Pharma Ltd. that is not registered in this country and has never otherwise been used here. Pharma did not authorize Opiate's use. Under the Lanham Act, Pharma can


A) bring an action against Opiate.
B) use any non-U.S. trademark of Opiate to sell a product in this country.
C) not use the mark because Opiate's use takes precedence.
D) none of the choices.

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