问题 多项选择题

甲公司发现乙公司仿冒其“相国酒”的特有名称和装潢,拟诉请法院认定乙公司的行为构成不正当竞争,责令停止侵权并赔偿损失。根据反不正当竞争法律制度的规定,下列关于甲公司应当举证的事项中,正确的有( )。

A.甲公司的“相国酒”在相关市场上具有一定的知名度

B.“相国酒”是甲公司特有的商品名称,其装潢具有显著特征

C.乙公司的“相国酒”名称和装潢与甲公司的混同,导致混淆

D.乙公司的仿冒行为给甲公司造成了损害

答案

参考答案:A,B,C,D

解析: 擅自使用知名商品“特有的”名称、包装、装潢,或者使用与知名商品“近似的”名称、包装、装潢,造成和他人的知名商品相混淆,使购买者误认为是该知名商品的,构成仿冒行为。

单项选择题
单项选择题

American Museum of Natural History is one of the largest natural and historic museums in the world and one of the main natural history research and education centres in the United States, set up in 1869 and located in the west of the Central Park, Manhattan District, New York. It (1) 7 hectares in its total area, (2) classical types of buildings. The (3) of ancient creatures and humanity is (4) the first place of all the museums in the world, (5) the representative samples from South America, Africa, Europe, Asia and Australia were collected, besides those from the (6) country, the United States.

In the museum, there are five kinds of exhibits, including astronomy, mineralogy, human history, and animals in the (7) times and those in modern times. There are thirty-eight exhibition halls with different (8) from 500 to 1,500 square metres. Besides these, there is a Roosevelt Memorial Hall in (9) of President Roosevelt who supported the (10) of the museum, which is also used to have a special exhibition, showing the new important (11) on natural sciences and (12) affairs and social problems, and special topics connected closely with the life of the citizens. Besides this, it is also used for avocation (13) to have all kinds of scientific activities in the laboratories, centres of natural science and centres for citizens. There are more than 10 (14) research departments mainly (15) for collection of samples, research and work of publication.

In the museum, there are (16) and sub-libraries of Aulspond ancient amniote, with about 300 thousand books and magazines (17) natural history, many of (18) are very valuable monographs for the first edition. It has published many expert books and magazines, and a large number of propaganda materials, (19) which are the two magazines, Natural History and Members of Museum that have the biggest (20) of their magazines.

4()

A.in

B.of

C.by

D.at