True/False
Indicate whether the
statement is true or false.
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1.
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If a party’s trademark is infringed, the
only possible cause of action is for trademark infringement.
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2.
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Counterfeiting of goods is a form of passing
off.
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3.
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Only celebrities may protect their identities
through the right of publicity.
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4.
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If NBC News uses a photograph of Angelina Jolie
to illustrate or support a news story about the Cannes Film Festival, Ms. Jolie’s right of
publicity is violated.
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5.
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The right of publicity typically ends upon the
death of the individual.
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6.
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If a pharmaceutical company claims that its
product is endorsed by more than 75% of physicians, such a claim must be supported by evidence
demonstrating such.
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7.
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A claim by ABC Co. that its cleaning pads work
with SWIFFER products is acceptable, so long as the statement is true.
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8.
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A claim by Neutrogena that its new line of skin
care products will produce “dramatic and visible results” is likely
actionable.
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9.
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Felice has established a Web site on which she
routinely criticizes retailers such as Macy’s and Target. Their trademarks are displayed, but
the purpose of the site is to voice criticism of those companies. Felice has likely engaged in
trademark infringement.
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10.
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Only the owner of a famous mark may initiate an
action for trademark dilution.
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11.
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A violation of the right of publicity lies only
if the use is “commercial.”
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Essay
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12.
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Why is Section 43 of the Lanham Act often
referred to as a national “unfair competition” statute?
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13.
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Christine has designed several distinctive
pieces of jewelry. These are not protected as design patents. She recently discovered that Patricia
is selling jewelry that is nearly identical to that of Christine and that the jewelry is sold as that
of Christine, using Christine’s trademark (although Christine has not registered her trademark
with the USPTO). What causes of action might Christine allege against Patricia?
Why?
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14.
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What is the primary difference between false
advertising and product disparagement?
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15.
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When an inferior shoemaker affixes the famous
JIMMY CHOO trademark to its shoes, passing off or palming off and ___________ infringement has/have
occurred.
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16.
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Why is enforcement of laws prohibiting
counterfeiting difficult?
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17.
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Jennifer Aniston recently discovered a picture
of herself carrying a COACH bag in an advertisement by Coach, which ad stated, “Buy
COACH—it’s Jennifer Aniston’s favorite!” What type of action might Jennifer
Aniston initiate to stop this unauthorized conduct? What if the picture were used in a news story
about the trend of celebrities to carry large, expensive handbags? Discuss.
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18.
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A cosmetics company has been using a pen and ink
drawing of a woman with long, dark hair and full lips to advertise its lip glosses. Angelina
Jolie has complained that such use is a violation of her right to publicity. The company has alleged
that because it is not using a picture of Ms. Jolie, there is no actionable conduct. Discuss whether
the company’s conduct can constitute a violation of Ms. Jolie’s right to
publicity.
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19.
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The show “Saturday Night Live” has
been performing a series of comedy sketches making fun of the conduct of celebrity “bad
girls,” such as Paris Hilton and Britney Spears. Does such constitute a violation of the right
of publicity of those individuals? Discuss.
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20.
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If CBS News uses news information gathered by
CNN without CNN’s permission, such constitutes _____________ under the International News
Service v. Associated Press case.
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21.
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Why should the heirs of celebrities be able to
sue for violation of their deceased relatives’ publicity rights? Discuss.
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22.
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The maker of Cheerio’s recently released a
new television commercial on a national basis making certain claims about the sugar content in the
cereal. The claims were not literally false, but four consumers claim they were misled by the
commercial. Can the claims constitute false advertising? Discuss.
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23.
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ABC Inc., a pharmaceutical company, has claimed
in its recent advertisements that “nine out of ten doctors recommend” its new drug, when
actually only a small percentage of doctors recommend its drug. Does ABC’s claim constitute
false advertising? Discuss.
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24.
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A claim that one’s product is the
“chewiest, most chocolate-y cookie in the world” will not constitute false advertising
because it is ______________.
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25.
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The federal agency that regulates deceptive and
unfair acts in commerce is the FTC and state statutes that prohibit deceptive and unfair trade
practices are called little __________.
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26.
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Making false statements about another company or
its products is actionable as product disparagement, trade libel, or commercial
_______________.
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27.
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Identify whether the following uses constitute
blurring or tarnishment.
BARBIE (for pornographic magazines)
APPLE (for
publishing services)
BIC (for pasta)
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28.
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The mark LOLO is used in the southwest region of
the United States, where it is quite well known. May it be the subject of dilution?
Discuss.
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29.
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ABC Inc., which owns numerous restaurants in the
United States, has noticed that its competitor, XYZ, has “copied” ABC’s kitchen
layout, food preparation centers, and kitchen plans. ABC adopted the kitchen layout after several
years of experimenting with different plans, and the layout helps ABC serve food more efficiently and
effectively. Is ABC likely to prevail in an action against XYZ for infringement of trade
dress?
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