The Lanham Act – Identify each section of The Lanham Act you
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Bryant and Stratton College, Buffalo *
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Course
230
Subject
Law
Date
Feb 20, 2024
Type
docx
Pages
2
Uploaded by BaronCaterpillarMaster621
1.
One section of The Lanham Act.
2.
One United States Supreme Court case.
3.
Two Sixth Circuit cases. 4.
One federal district court case from the State of Michigan.
The Lanham Act – Identify each section of The Lanham Act you intend to rely on in your
predictive memo. Advise whether this is a primary or secondary source. Advise whether this is mandatory or persuasive authority. Provide a summary of each section you will be relying on with an explanation as to why you will be relying on it.
The Lanham Act The relevant sections of The Lanham Act that we will be relying on in the predictive memo are Section 32 and Section 43(a). Section 32 addresses
trademark infringement, while Section 43(a) deals with false designation of origin.
These sections are primary sources of law as they are part of the federal statute governing trademarks. They are mandatory authority and binding in federal courts.
Section 32 of The Lanham Act prohibits the use of a registered trademark in connection with goods or services that are likely to cause confusion, mistake, or deception among consumers. Sweet Lorraine’s Bakery, LLC should be mindful of this provision, as it directly
pertains to their situation.
Section 43(a) of The Lanham Act addresses the broader concept of unfair competition, which includes false or misleading representations in commerce. This section might be relevant in case the Sawyers' claim goes beyond the scope of trademark infringement.
Looking at SECTION 32 OF THE LANHAM ACT: REMEDIES; INFRINGEMENT; INNOCENT INFRINGEMENT BY PRINTERS AND PUBLISHERS a registered trademark holder can file a trademark infringement claim against any person who, without their consent, (1) uses a reproduction, counterfeit, copy, or colorable imitation of a registered mark; (2) in commerce; (3) in connection with the sale, offering for sale, distribution, or advertising of any goods or services; and (4) where such use is likely to cause confusion, mistake, or deception.
United States Supreme Court Case –Identify the United States Supreme Court decision you intend to rely on in your predictive memo. Advise whether it is a primary or secondary source.
Advise whether it is mandatory or persuasive authority. Provide a complete case brief that follows the How to Brief a Case presentation available in Week 2. KP Permanent Make-Up, Inc. v. Lasting Impression I, Inc.
Sixth Circuit Cases –Identify two Sixth Circuit cases you intend to rely on in your predictive memo. Advise whether they are primary or secondary sources. Advise whether they are mandatory or persuasive authority. Provide a complete case brief for each that follows the How to Brief a Case presentation available in Week 2.
5.
District Court Case –Identify the federal district court case you intend to rely on
in your predictive memo. Advise whether it is a primary or secondary source. Advise whether it is mandatory or persuasive authority. Provide a complete case brief that follows the How to Brief a Case presentation available in Week 2.
McGregor-Doniger Inc. v. Drizzle Inc.
Requirements
Use this pattern of organization for your Research Summary. Be sure to edit your work for spelling, punctuation and grammatical mistakes.
Formatted as a standard intra-office memorandum.
Your memo must be at least five (5) pages in length.
All sources properly cited pursuant to The Bluebook
.
12-point Times New Roman or Arial font
double spaced and one-inch margins
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