Intellectual Property Law

Chapter 2 Case Study

Case Study: Fit Forever is considering offering several new products and services and
would like to seek trademark protection for the marks under which those products and
services will be offered. Some of the proposed marks include the following:

• “Taylor Swift’s Workout Challenge” for a fitness class;
• “Challenge Gear” for its workout clothes;
• The overall image and design of its fitness centers (namely, their layout);
• “Nutrition Bar” for a protein bar with oats; and
• “U.S. Army Fitness Camp” for a fitness class.

Activities: Identify the type of mark each product or service represents (trademark, sound
mark, color mark) and then indicate any possible objections the USPTO might have to
each mark, if any.