Ch6, Volkswagon v. Uptown, Part 1, Lecture Notes (9.27.08)

Ch6, Volkswagon v. Uptown, Part 1, Lecture Notes (9.27.08)...

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Chapter 6 Part I Chapter 6: Volkswagen and Audi v. Uptown Motors Part 1 Lecture Notes Lesson : Behavioral/Social Knowledge Can Aid in the Resolution of Factual Disputes This is the 3rd reason why behavioral/social factual knowledge is used in legal decision-making Example : Trademark Infringement Case : Volkswagen and Audi v. Uptown Motors Court : U. S. District Court for the Southern District of New York The Factual Dispute In This Case Uptown Motors used the VW and Audi logos (henceforth VW) in its Yellow Pages advertisement without VW’s permission VW claimed that Uptown’s actions infringed (violated) its trademark rights Trademark = A word, phrase, logo or other symbol used by a company to distinguish its products from those of other companies VW argues that consumers are confused by Uptown’s use of the VW trademark Uptown argues the opposite These opposing beliefs constitute a factual dispute Importance of Resolving the Factual Dispute If VW proves that consumers are likely to be confused by Uptown’s business practice then VW wins its case and is entitled to: Stop Uptown from using VW’s logo in its advertising But if VW proves that consumers were actually confused by Uptown’s business practice then VW wins its case and is entitled to: (1) Stop Uptown from using VW’s logo in its advertising (2) Uptown's profits from its use of VW's trademark, (3) Financial damages sustained by VW because of Uptown's actions,
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This note was uploaded on 05/09/2010 for the course PSYC PSY taught by Professor Na during the Spring '10 term at University of Arizona- Tucson.

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Ch6, Volkswagon v. Uptown, Part 1, Lecture Notes (9.27.08)...

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