SOLVED

[Scuba Diving] Felicia invented a new type of mask that was not subject to fogging for scuba divers and obtained a patent on it. She agrees to allow Mei to manufacture and sell the mask. She receives a sum of money for every mask that Mei sells. Felicia also entered into an agreement with Evan to allow him to sell the masks, but only if he also purchased non-patented diving suits from Felicia. All parties proceeded to do very well with their sales. 66) The agreement between Felicia and Evan is what type of agreement? A) It is an illegal tying arrangement. B) It is a legal tying arrangement. C) It is an illegal cross-licensing agreement. D) A legal contractual agreement. E) It is a legal cross-licensing agreement. 67) Which of the following was the result on appeal in In Re Simon Shiao Tam, the case in the text involving a challenge to the Lanham Act’s requirement that a mark not be disparaging? A) The court found the disparagement requirement to be constitutional under the First Amendment, but because the mark was derogatory, affirmed the government’s denial of the “Slants” mark. B) The court found the disparagement requirement to be unconstitutional under the First Amendment, but affirmed the government’s denial of the “Slants” mark. C) The court found the disparagement requirement did not violate the First Amendment, but refused to comment on whether or not the “Slants” mark was disparaging. D) The court found the disparagement requirement to be unconstitutional under the First Amendment, thus the denial of the “Slants” mark was vacated. E) The court found the disparagement requirement to be constitutional under the First Amendment, thus the denial of the “Slants” mark was affirmed. 68) In determining whether a mark infringes on a registered trademark, which of the following factors would the court be least likely to consider: A) The sophistication of consumers. B) The similarity of the products or services in issue. C) The market share of the plaintiff and defendant. D) The intent of the defendant to palm off its product as that of another. E) The similarity of the two marks. Natalia owns Balloon Heaven, a popular restaurant in which patrons sit in faux hot air balloons and the walls and ceiling are painted like the sky. Natalia registered her mark, which consists of the restaurant name in the basket of a rainbow-colored hot air balloon. After Natalia’s success, Benji opened a restaurant called Heavenly Balloons on the other side of town. The décor of Heavenly Balloons is similarly crafted to give the patron the impression of eating in the basket of a hot air balloon, with similar tables and paintings. Benji’s logo, which appeared on billboards and local advertisements, depicts a rainbow-colored hot air balloon with the restaurant’s name in the balloon. Several customers have congratulated Natalia on opening a second restaurant and on the billboards appearing around town. 69) To succeed on a claim of trade-dress infringement, what must Natalia prove? A) Likelihood of confusion. B) The trade dress is primarily nonfunctional, inherently distinctive or has secondary meaning, and the alleged infringement creates a likelihood of confusion. C) The trade dress is primarily nonfunctional, has secondary meaning, and the alleged infringement creates a likelihood of confusion. D) The trade dress is inherently distinctive, has secondary meaning, and the alleged infringement creates a likelihood of confusion. E) The trade dress is inherently distinctive or has secondary meaning, and the alleged infringement creates a likelihood of confusion. 70) If Natalia includes a claim that Heavenly Balloon’s mark infringed on her trademark, how would a court most likely rule? A) For Benji, because sophisticated consumers would know the difference. B) For Natalia, but only because of the similarity in color of the two marks. C) For Benji, because the restaurant names are not identical. D) For Natalia, but only because of the evidence that consumers were confused by the two marks. E) For Natalia, because consumers are likely to be confused by the two marks.  Â