Case s ummary : The person B and person R filed a case against the company P, a cigarette manufacturer on the ground of deceptive advertisement. B and R claimed that “light cigarettes” were advertised as a safer option than regular cigarettes, but both have the same health effects. They argued that the company P hided the actual nature of light cigarettes. P also appealed that light cigarettes was authorized by the government. To find: The validity of the claim made by B and R.

Question

Solar Living discovers that Sunny Solar is planning to use the slogan “The Sun Is Always Shining on Solar Energy” in its marketing materials. Solar Living quickly files a trademark application for that phrase to prevent Sunny Solar from using it, although Solar Living has no plans to use the slogan. Will Solar Living’s application be granted? No, because Sunny Solar can prove that it thought up the slogan before Solar Living did. Yes, because Solar Living was the first to file for the trademark, and the U.S. operates on a first-to-file system. Yes, because “The Sun Is Always Shining on Solar Energy” is a phrase that can acquire a secondary meaning. No, because for a trademark to be granted an applicant must actually use, or intend to use, the mark in commerce.

Answer 1

Question

Chapter 24, Problem 4BCP

Summary Introduction

Case s ummary : The person B and person R filed a case against the company P, a cigarette manufacturer on the ground of deceptive advertisement. B and R claimed that “light cigarettes” were advertised as a safer option than regular cigarettes, but both have the same health effects. They argued that the company P hided the actual nature of light cigarettes. P also appealed that light cigarettes was authorized by the government.

To find: The validity of the claim made by B and R.

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Solar Living discovers that Sunny Solar is planning to use the slogan “The Sun Is Always Shining on Solar Energy” in its marketing materials. Solar Living quickly files a trademark application for that phrase to prevent Sunny Solar from using it, although Solar Living has no plans to use the slogan. Will Solar Living’s application be granted? No, because Sunny Solar can prove that it thought up the slogan before Solar Living did. Yes, because Solar Living was the first to file for the trademark, and the U.S. operates on a first-to-file system. Yes, because “The Sun Is Always Shining on Solar Energy” is a phrase that can acquire a secondary meaning. No, because for a trademark to be granted an applicant must actually use, or intend to use, the mark in commerce.

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