What must a plaintiff prove to succeed on a claim of trade-dress infringement?
What will be an ideal response?
To succeed on a claim of trade-dress infringement, a party must prove three elements:
1. The trade dress is primarily nonfunctional.
2. The trade dress is inherently distinctive or has acquired a secondary meaning.
3. The alleged infringement creates a likelihood of confusion.
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What will be an ideal response?
Perfect Builders makes all sorts of moldings. Its standard quantity of material allowed is 1 foot of wood per 1 foot of molding at a standard price of $2.00 per foot. During August, it purchased 500,000 feet of wood at a cost of $1.90 per foot, which produced only 499,000 feet of molding. Calculate the materials price variance and the materials usage variance, respectively
A) $50,000 F and $2,000 U B) $49,900 U and $2,000 F C) $50,000 F and $1,900 U D) $49,900 F and $1,900 U
Which of the following is an example of puffery?
A) an advertisement stating that a car can run 50,000 miles without an oil change B) an advertisement stating that 13 out of 15 dentists use a particular toothpaste C) an advertisement stating that an anti-aging cream reduces wrinkles in exactly a week D) an advertisement stating that a fast food chain sells the world's finest chicken
An independent contractor is an employee
a. True b. False Indicate whether the statement is true or false