Intellectual Property Law

Chapter 3 Case Study Answers

Activities: Describe the types of searches that should be conducted for each mark.

• It is likely that a simple search of the USPTO records and a Google-type
search will be sufficient for HOLIDAY JUICERY because the mark will
only be used for a limited period of time. Thus, there may not be a need
for a comprehensive search for this particular mark, and a preliminary
or knockout search may be sufficient.

• If a preliminary or knockout search discloses that THE FIT LIFE may be
available, then a full or comprehensive search should be conducted for
THE FIT LIFE to be used in connection with fitness trackers. This
appears to be a key product for the company and the company will need
to ensure that the mark is available before it begins expending money to
promote the mark, and it needs to ensure the mark for this critical (and
highly competitive product) does not infringe anyone else’s mark.