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                                                THIS IS A DISCUSSION POST     


*****I HAVE ATTACHED THE APPROVED CASE AT THE BOTTOM ****** 

          PLEASE MAKE SURE YOU READ  THE INSTRUCTIONS CAREFULLY



Introduction

Those who adopt a trademark have a duty to ensure that the mark they select does not infringe on existing competitive marks or on legally “famous” marks. This activity involves reviewing disputes between mark owners concerning confusing similarity, dilution, unfair competition, and causes of action involving trademarks … all grounds for liability under the federal Lanham Act.


In your initial post , address the following 4 points and include at least one quote from the case to back up your position.


1. Describe the facts and legal claimsin the case so your classmates can know the gist of the lawsuit without referring to the linked articles. Include imagesof the disputed trademarks if applicable in your case (and if you can find them--try searching Google images with the mark description plus "trademark lawsuit").
 

2. Did the court find misappropriation occurred or not? Explain the reasoning behind the decision. Include a quotefrom the case to illustrate the court's point.
 

3. From a 10,000 foot view, do you think the court was right or wrong? Why? Consider the harm caused by the misappropriation or the rationale for allowing the use to occur—think of it from the perspective of society/consumers and the sports/entertainment/artistic community as well as the involved parties.


4. Discuss the claim from a risk management perspective. How could the parties have reduced the risk of a lawsuit over ownership of the property while still achieving their business/professional/artistic goals?

Answers

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