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Unformatted text preview: • Unit 3 Assignment Unit 3 Assignment Points Possible: 40 Due Date: Friday, June 17 (11:59 p.m.) Part 1 - A Coffee By Any Other Name Big Box store sells a private label coffee. It is called Fooglers (sort of reminds you of a very popular brand of coffee ....!) and comes in a coffee container that looks very, very, very much like the brand name coffee, Folgers. Customers often get Fooglers confused with Folgers, even though the Foolgers costs less. 1. Does this situation (Fooglers versus Folgers) involve infringement of a patent, copyright, trademark, trade name or something else? Explain. Yes. Because the trademark “Fooglers” is similar to “Folgers”, and the coffee container—goods is similar to the Folgers, also, it already caused the actual confusion between goods of two trademarks from customer, so it is infringement of trademark. 2. Go into the web and find one good source that deals with the type of situation mentioned above (some store / company manufacturing a product that is so similar to a famous product that it is confusing to customers). What factors does a court use or look at to determine if infringement has occurred? Be sure to use your own words and please do not include long quotes -- summarize what you see. List the source you used and incorporate information from that source into your answer (don't just paste a URL at the end of the answer). Properly cite to the web source. I only got a case about Dell in Chinese market. But the link is for a Chinese website. I’m sorry about this. The case is that Dell sue a Chinese company that has a product with a name of DLL. As the DLL is a product related to computer, Dell thinks it confused its own customer and Dell thinks the name of the product is an infringement. But finally, Dell is lost the sue because that company exsited in China for a long time, and use that name for a long time, much longer than the appearance of “Dell”. (ipsoon.com, 2011) Overall, there are Eight factors does a court use or look at to determine if infringement has occurred: 1. The similarity of the goods or marks 2. the purpose of the defendant 3. How seriously the goods confused the customers of another 4. How famous the trademark is. 5. How similar the ways for two goods to sell to customer “6. The expension of product lines” 7. How close the two goods are. 8. Wheather it caused actual confusion. (BusinessKnowledgeSource.com, 2011) Part 2 - Why Use a Trade Secret? 3. Chapter 5 discusses trade secrets. Explain what a trade secret is and how it is different than a patent, copyright or trademark. As in the above question, go into the web and find a good source that discusses trade secrets and properly cite to that source as you incorporate some of the information into your answer....
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This note was uploaded on 07/03/2011 for the course HISTORY 101 taught by Professor Mr.forak during the Spring '11 term at South Carolina.
- Spring '11