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Chp 8 Case Problem

Page history last edited by abogado 8 years, 7 months ago

Chapter 8 Case Problem 

 

1. Read the Sportswear case - look at the whiteboard and the screencast for the case

 

2. Answer the following questions:

 

a. What standard did the 3rd Circuit adapt for infringement of trademark. state and define the "two different standards" discussed by the court. (hint: "possibility of confusion" standard or "likelihood of confusion") 

 

b. What percentage is "possibility of confusion" (between 0-100%)

 

c. What percentage is "likelihood of confusion" (between 0- 100%) 

d. Did the court select the "greater/higher/harder to prove" or the "lesser/lower/less difficult to prove" standard, and why. explain the court's reasoning or rationale. 
 

 

e. Does "reasonable royalties" award give more or less money to the prevailing party as "Loss of Profits" would ? state "more" or "less" (explain why)

 

 

 

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