MAE 400 – FALL 2017
Third Individual Writing – Industrial Design Paper
• The coed ought to analyze the trademark points dealing with industrial design –BMW Mini-Cooper four-door vs the Lifan 320
– BMW Sells its Mini-Cooper four-door within the US. – Assume that the Chinese language auto producer Lifan was promoting its SUV within the US. – If BMW have been claiming that Lifan infringes their trademark design within the US, would they
win? • Apply US Trademark Regulation within the context of gross sales / shoppers within the U.S.
• Format – Exec Abstract / Most important Physique / References / Figures the place applicable
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The place will all of it finish? Knockoff vehicles!?!?
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BMW “Mini Cooper” vs Lifan 320
BMW “Mini Cooper” Lifan 320
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Third Individual Writing – Industrial Design Paper
• Keep in mind the authorized check! – The plaintiff (the celebration looking for court docket help) should show
• 1. that it owns a sound trademark, • 2. that it has precedence (its rights within the mark(s) are “senior” to the defendant’s), and • three. that the defendant’s mark is prone to trigger confusion within the minds of shoppers concerning the
supply or sponsorship of the products or companies provided beneath the events’ marks. • When a plaintiff owns a federal trademark registration on the Principal Register, there’s a authorized
presumption of the validity and possession of the mark in addition to of the unique proper to make use of the mark nationwide on or in reference to the products or companies listed within the registration.
• These presumptions could also be overturned within the court docket proceedings if the defendant makes a persuasive argument.
• Your paper should handle: – Subject and the Conclusion: Does BMW personal a sound mark? Sure/No/Perhaps – Does BMW have a registered Federal Trademark? (Trace: have a look at TM 78781927) – Does BMW have “precedence” – Sure/No – clarify who’s the senior consumer? Who’s the
junior consumer? – Will Lifan trigger confusion within the minds of shoppers?
• Work by the eight components within the Trademark check – Will BMW prevail?
USE IRAC writing wherever attainable to EXPLAIN your reasoning! Slide 205
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Industrial Design Paper
• This paper ought to proceed to adapt to the margin and govt abstract of the primary two papers
• The paper ought to proceed to make use of APA format for references
• There needs to be at the very least 10 direct quotes within the paper. Info and out of doors opinions MUST be referenced. – Persist with Reputable Sources
• Newspapers (ex. LATimes, Arizona Republic) • Respectable Magazines (ex. BusinessWeek)
• The paper needs to be lengthy sufficient to adequately cowl the task, however concise sufficient to carry the reader’s consideration. – Please preserve it round 2,500 phrases.
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