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used “in commerce” (it was a political, rather than a commercial, use of the mark). Correct answer to #2: (b)It is unlikely that consumers will really think the car company is now selling health food, so no likelihood of confusion and no trademark infringement. This is a premium trail mixsold at an upscale store, so there is no tarnishment of the “Volkswagen” mark. However, the distinctiveness of the mark is likely to be whittled away because it will not be as strongly associated with cars if other companies can continue to use it to sell trail mix or other products (pencils, hair brushes, cat food, etc.).Correct answer to #3: (b) P was not hired to invent so D will have a free, nonexclusive right to use the device. Correct answer to #4: (b) As the copyright owner of the TV series, P has the exclusive right to create derivative works, such as books, from the TV episodes. Ds’ fair use defense will be rejected based on the following four factors: (1) the purpose and character of Ds’ use (Ds’ commercial use lacks transformative value because the trivia book fails to add a new meaning or message beyond that already provided by the TV show), (2) the nature of the copyrightedwork (the TV series is fictional), (3) the substantiality of the portion used (92 of 95 episodes), and (4) the effect of Ds’ book on the market (Ds’ book substitutes for a derivative market that P is developing). Correct answer to #5: (b)There is no contract here. D’s sheet of price quotations is like an advertisement; it is merely an invitation to make an offer. P mailed an offer to D, but D rejected it. Correct answer to #6: (b) A contract was formed based on the application process. D published eligibility criteria for the scholarship. P met those criteria and applied. D accepted P and her check.
Correct answer to #7: (b) P has not provided consideration to support D’s promise to pay an extra $75,000. P has a pre-existing duty to complete the house for $300,000. Promising to do something that you already have a legal obligation to do does not qualify as consideration.