1. | Question : | TCO B. After the 2010 fall election, the Democrats in Congress decide to take matters into their own hands. During the lame duck session, they pass a new "Elections Are Free Act" that requires single people who make more than $75,000/year or married couples who make more than $150,000/year to provide a copy of their tax return to their local county officials before being allowed to register to vote. The return must prove that they have paid at least 15% of their total income in taxes or they are not allowed to register to vote. List two bases under which someone impacted by this law could argue to have the law overturned. |
| Student Answer: | | The 24th ...view middle of the document...
List the eight Sleekcraft factors that are required to prove a Lanham Act complaint. |
| Student Answer: | | 1.strength of the mark 2.proximity of the goods 3.similarity of the marks 4.evidence of actual confusion 5.marketing channels used 6.likely degree of purchaser care 7.defendant’s intent in selecting the mark 8.likelihood of expansion of the product lines. Source: http://en.wikisource.org/wiki/White_v._Samsung_Electronics_America,_Inc./Panel_Opinion |
| Instructor Explanation: | (1) strength of the plaintiff’s mark(2) relatedness of the goods(3) similarity of the marks(4) evidence of actual confusion(5) marketing channels used(6) likely degree of purchaser care(7) defendant’s intent in selecting the mark(8) likelihood of expansion of the product lines(Found in Vanna White/Samsung case in lecture and taken from AMF, Inc. v. Sleekcraft Boats, 599 F.2d 341, 348–9 (9th Cir. 1979). |
3. | Question : | (TCO C) One summer, David Baxter and his wife, Melissa, were on their new boat with another couple, tubing on the Mississippi river. David and the other couple had been drinking all day, "about seven or eight beers each and some Crown Royal," although Melissa wasn't drinking due to being pregnant. As he prepared to jump into the water to tube, David's feet slipped out from under him, and he fell into the water, hitting the back of his head and neck on the ladder, knocking him out cold. He slipped under the water and drowned. The other members of the party didn't notice his absence until a passing barge pilot got their attention. He had seen the entire thing through his binoculars; he had been watching Melissa and her friend Angela (who were in bathing suits). Despite an immediate search and rescue attempt by the coast guard, David was not saved. Melissa alleged that the surface of the boat floor where David was standing and preparing to jump into the water was unreasonably slippery. In fact, at issue in the case was the manufacturing process used in coating the flooring. Melissa (and her attorney) felt that a nonslip surface should have been placed on the floor of the boat. The safety manual that came with the boat included these clauses:
"CAUTION: Wet surfaces can be slippery. Passengers should wear adequate deck shoes while boarding and underway to avoid accidental slipping and injury."
"CAUTION: Deck areas and swim platform are slippery when wet. Passengers must be careful when passing through companionway to prevent accidental slipping or tripping. Passengers should wear adequate deck shoes at all times to prevent accidental slipping. Passengers must stay off swim platform while underway to prevent falling overboard."
No warnings existed, however, in view of the passengers on the boat.
(25 points) What potential legal theories of recovery can and should Melissa allege against the following parties (provide support for your answer)?
I. The boat manufacturer
II. The boat seller