Intellectual Property Law

Chapter 2 Case Study Answers

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.

• “Taylor Swift’s Workout Challenge” for a fitness class;
Service mark. This mark cannot be registered unless Taylor Swift’s
written consent is provided.
• “Challenge Gear” for its workout clothes;
Trademark. This mark should be acceptable (assuming it does not
infringe that of anyone else).
• The design and overall image of its fitness centers (namely, their layout);
Trade dress. This should be registrable if it is nonfunctional and
distinctive.
• “Nutrition Bar” for a protein bar with oats; and
Trademark. At best, this mark is descriptive, and it is so highly
descriptive it is not registrable without a significant showing of
acquired distinctiveness.
• “U.S. Army Fitness Camp” for a fitness class;
Service mark. This mark is not registrable because it falsely suggests
an association with the U.S. government and implies that the class is
offered by the U.S. Army or is identical to one offered by the Army.