WBU BUAD3318 CHAPTER 5 ESSAY

| March 13, 2016

Question
QUESTION 1
For five years, clothing makers and marketers Style-One Corporation and Trend Now, Inc., both use the phrase “Looks Great” on

their labels. Style-One files a suit against Trend Now, claiming trademark infringement. Trend Now argues that the phrase

generally is not associated with any particu­lar firm and that other companies use the same phrase on their labels and in their ads.

In whose favor is the court most likely to rule, and why?

QUESTION 2
Duplos College Bookstore compiles, copies, and sells reading materials to students. The compilations are prepared on the instructions of professors, who indicate which parts of which publications should be included for their students. The copied materials include texts published by Ebooks, Inc. Duplos does not obtain the permission of Ebooks, or any of the other original publishers of the copied materials, and does not pay royalties on the sales of the compilations. Ebooks and others file a suit against Duplos, alleging infringement of their intellectual property rights. Which type of intellectual property is involved in this situation? What is Duplos’s likely defense? How is a court most likely to rule? Explain.

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