Explanation for Question 11. Which of the following factors is NOT mentioned in the passage as having helped motivate the development of modern British trademark law?The passage does not directly say that anything "helped motivate the development of modern British trademark law."
At the same time, the passage does mention in the third paragraph problems that existed because British trademark law had not been developed. So, we can presume that those problems are the "factors" "mentioned in the passage as having helped motivate the development of modern British trademark law."
Thus, to answer this question, we can simply compare each choice with what the passage mentions in the third paragraph, and possibly in other paragraphs, eliminate each choice that matches something mentioned in the passage, and select the one that does not match anything mentioned in the passage.
A. The expense of gaining protection against fraudulent imitation in the UKIn the third paragraph, we see the following:
the complex state of the body of these laws was a real cause of inconvenience and expense to tradersLooking above to see what "these laws" refers to, we see in the second paragraph the following:
the protection afforded to traders who found themselves victims of the fraudulent imitation of their marks was scattered across different sources (trade-specific statutes or maverick judicial decisions)We see that the second paragraph discusses "traders who found themselves victims of the fraudulent imitation" being protected by a complex set of laws and that the third paragraph then goes on to say that "the complex state of the body of these laws was a real cause of inconvenience and expense to traders."
Thus, the combination of the information in the the second and third paragraphs communicates that there was a problem with "The expense of gaining protection against fraudulent imitation in the UK."
So, this choice is mentioned in the passage.
Eliminate.
B. A general trend in the British legal system toward searching for a unifying logic in similar statutes from different sourcesIn the second paragraph, we do see "lacked any
unifying logic" in the last sentence.
However, the passage does not mention "A general trend in the British legal system toward searching for a unifying logic."
So, this choice is not mentioned in the passage.
Keep.
C. An influx of counterfeit goods into markets outside of the UKScanning the third paragraph for "counterfeit goods," we find the following:
And there certainly was a sense that British traders needed protection abroad, as the markets for their goods in the UK, the British colonies, and elsewhere were being penetrated by counterfeit goods.We see that the passage indicates that a motivation for development for British trademark law was that markets "being penetrated by counterfeit goods."
So, this choice is mentioned in the passage.
Eliminate.
D. The inconvenience traders experienced due to the complexity of trademark protections in the UKThe first sentence of the third paragraph says the following:
By 1850, the complex state of the body of these laws was a real cause of inconvenience and expense to tradersLooking above to see what "these laws" refers to, we see that the second paragraph says the following:
the protection afforded to traders who found themselves victims of the fraudulent imitation of their marks was scattered across different sources (trade-specific statutes or maverick judicial decisions)Thus, the "complex state of the body of these laws" was essentially "the complexity of trademark protections."
So, this choice matches what the passage mentions.
Eliminate.
E. The difficulty of developing agreements to protect against fraudulent imitation of British traders’ marks abroadThe third paragraph says the following regarding the complex and undeveloped state of British trademark law:
it was an obstacle to the development of international agreements that would help garner protection for British traders’ marks abroadSo, this choice is mentioned in the passage.
Eliminate.
Correct answer: B
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