MAE 400 – FALL 2017
Third Individual Writing – Industrial Design Paper
• The scholar ought to analyze the trademark points going through 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 had been claiming that Lifan infringes their trademark design within the US, would they
win? • Apply US Trademark Legislation within the context of gross sales / customers within the U.S.
• Format – Exec Abstract / Principal Physique / References / Figures the place applicable
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The place will all of it finish? Knockoff automobiles!?!?
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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
• Bear in mind the authorized check! – The plaintiff (the get together 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 supplied 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 deal with: – Subject and the Conclusion: Does BMW personal a sound mark? Sure/No/Possibly – Does BMW have a registered Federal Trademark? (Trace: take 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 customers?
• Work by means of the eight elements within the Trademark check – Will BMW prevail?
USE IRAC writing wherever doable to EXPLAIN your reasoning! Slide 205
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Industrial Design Paper
• This paper ought to proceed to evolve 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 needs to be at the least 10 direct quotes within the paper. Details and outdoors opinions MUST be referenced. – Follow Official 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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