Write your exam number on this page and on each answer book you use. Since 1958 the only Downers team has been the Los Angeles Downers. Be sure to identify how survey evidence might be used at trial. Its products are electronic article surveillance systems used to prevent theft of merchandise from stores and books from libraries. But all i use is the name ''brand x'' in the title and description.
Edna may seek a concurrent use registration. Includes discussion of intellectual property, which is also composed of statutory and common-law elements. The mark will most likely not be registered because the color is functional. In 1995, the sisters split the business with each sister taking one of the restaurants. It also touches on related fields of law, such as antitrust, consumer protection, regulated industries, and the law governing interference with contractual and noncontractual relations. The injunction should be denied because there is no likelihood of confusion.
Briefly state why a lawyer might want to have a survey conducted in a trademark and unfair competition case. All of the major subjects in this fascinating area of law are included in this book—including copyrights, patents, trademarks, trade secrets, the right of publicity, and unfair competition. For Questions 18-20, write your answers in the answer books provided. Many of the stories illustrate more than the issue identified in the chapter title. The systems work by placing circuited tags on merchandise which are deactivated at the time of sale. The products appear to be knock-offs of my line of homemade, organic pet hair care products.
Let's take a look at what I've discovered. In 1958, the team moved to Los Angeles. You may answer in pen or pencil. The ice cream has been formulated differently to suit local tastes and circumstances for the U. Topics include claim construction, obviousness, anticipation, written description and enablement, infringement, remedies, and other notable doctrines. Like the casebook, it focuses on the predominate law governing trade secrets in the U.
. If you purchased the goods legally, you're allowed to accurately identify them and to resell them. Deny the injunction under the first sale doctrine. Sound Alert Systems promotes its products primarily through its direct sales force, trade shows, direct mailings to security systems dealers and its internet website. In 1986, Pez gave permission for the name Brooklyn Downers to be used in a documentary about the team. Grant the injunction because customers are likely to believe that Z Corp. Deceptive advertising can be accomplished in many other ways, too, such as through bait and switch schemes.
You may not bring any materials to the exam. Each short-answer question designed to be answered in no more than fifteen minutes is followed by a thoughtful, yet brief, model answer. Discussions of issues include whether artists have copyright in their performances, first sale of digital works, copying of information from famous news photographs, copyright of works in virtual worlds, fair use of appropriation art, news clippings services, Google Books, course pack, secondary liability of BitTorrent and YouTube, and reasonable royalty damages. The password must be 8-50 characters. Yes, they can sue on a dilution or unfair competition basis. Can not include your user id. Moreover, attention is given to the important points at which U.
She then lists her price, which is, of course, much lower. This is when a business advertises a low cost item to bait a customer into a store, and then switches the item for something higher priced. The instruments were manufactured in and distributed for sale only in Nebraska and Iowa. Registration should be denied because the alleged mark is not used to identify the source or origin of the product. The mark will most likely not be registered because the color is trade dress and not subject to trademark registration.
I think she wants people to confuse her business for mine. Unfair competition actually refers to several different types of intentional torts. Professors and adjunct professors may request complimentary examination copies of LexisNexis law school publications to consider for class adoption or recommendation. These products are still in the development stage, but Sound Alert Systems has developed prototype hardware and software as part of this effort. You can get this code from any reference librarian or at the Circulation Desk. If you want to be able to access them from off-campus or from other parts of campus, create a West Academic account. This reference provides an overview of unfair trade practices, including the common-law and statutory basis of unfair competition, antitrust, consumer protection, regulated industries, and labor.