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 / customers within the U.S.
• Format – Exec Abstract / Principal Physique / References / Figures the place applicable
Slide 204
MAE 400 – FALL 2017
The place will all of it finish? Knockoff vehicles!?!?
Slide 201
MAE 400 – FALL 2017
Slide 202
MAE 400 – FALL 2017
BMW “Mini Cooper” vs Lifan 320
BMW “Mini Cooper” Lifan 320
Slide 203
MAE 400 – FALL 2017
Third Individual Writing – Industrial Design Paper
• Bear in mind the authorized take a look at! – The plaintiff (the occasion looking for courtroom 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 more likely to trigger confusion within the minds of customers in regards to 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 courtroom proceedings if the defendant makes a persuasive argument.
• Your paper should tackle: – Problem and the Conclusion: Does BMW personal a sound mark? Sure/No/Possibly – 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 person? Who’s the
junior person? – Will Lifan trigger confusion within the minds of customers?
• Work via the eight components within the Trademark take a look at – Will BMW prevail?
USE IRAC writing wherever potential to EXPLAIN your reasoning! Slide 205
MAE 400 – FALL 2017
Industrial Design Paper
• This paper ought to proceed to adapt to the margin and government abstract of the primary two papers
• The paper ought to proceed to make use of APA format for references
• There ought to be no less than 10 direct quotes within the paper. Info and outdoors opinions MUST be referenced. – Keep on with Professional Sources
• Newspapers (ex. LATimes, Arizona Republic) • Respectable Magazines (ex. BusinessWeek)
• The paper ought to be lengthy sufficient to adequately cowl the task, however concise sufficient to carry the reader’s consideration. – Please hold it round 2,500 phrases.
Slide 206
MAE 400 – FALL 2017
——
FALL 2017 MAE 400
Individual Writing – Industrial Design Paper – Third
• The coed ought to look at the trademark challenges confronting industrial design – BMW Mini-Cooper four-door vs. Lifan 320.
– BMW sells its Mini-Cooper four-door in the US. Assume that the Chinese language automaker Lifan was promoting their SUV in the US. – Would BMW complain that Lifan infringes on their trademark design in the US?
• Apply US Trademark Regulation within the context of US gross sales / prospects
• Format – Govt Abstract / Principal Physique / References / Figures as wanted
204th slide
FALL 2017 MAE 400
The place will all of it come to an finish? Vehicles which are knockoffs?!?
201st Slide
FALL 2017 MAE 400
202nd slide
FALL 2017 MAE 400
BMW “Mini Cooper” vs Lifan 320
BMW “Mini Cooper” Lifan 320
Slide 203
