Assume the USPTO has refused registration of a mark on the basis that it is descriptive. In what ways might the applicant demonstrate that the mark has acquired descriptiveness? Discuss.
What will be an ideal response?
The applicant can assert that the mark has been in continuous use in commerce for five years (which results in a presumption of acquired distinctiveness); the applicant can allege that the mark has acquired distinctiveness through significant sales and use such that consumers associate the mark with the applicant.
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When CPR, trainees often do the behaviors numerous times until it is basically automatic. This is called ______.
A. role playing B. overlearning C. passive practice D. social reinforcement
A surviving spouse has a right called “Right of Election”. This means:
a. The spouse accepts the will or contests the will in court b. The spouse can take a statutorily mandated share of the deceased spouse’s estate, or take what was left in the will c. The spouse pays all the debt the deceased owed or take the creditors to court d. The spouse accepts the will, or gives their share to the surviving children as
Stephan is the plaintiff in a negligence action against Viola. The jury determines that Stephan has suffered $250,000 in damages, but that he is 20% responsible for his own injuries. Under comparative negligence, how much money would Viola have to pay Stephan in damages? What if the jury determines that Stephan is 60% responsible? Explain the different results under pure and mixed comparative negligence rules.
What will be an ideal response?
Emma is moving out of her apartment. She is carrying a large box out to her car as Alessandra is riding her bike at a fast speed on the sidewalk. Alessandra yells, “Get out of my way!” Emma jumps from the sidewalk into the street, as a car is approaching. Dan, the driver of the car, swerves to avoid hitting Emma, and strikes a parked car. Emma drops the box, breaking its contents, and sprains her ankle as she avoids the oncoming car. Zachary is sitting in the parked car, and hits his head on the windshield as a result of Dan’s vehicle striking his car. Discuss the principles of actual and proximate causation in this case. Assuming that Alessandra was negligent, for which injuries should she be held responsible?
What will be an ideal response?