Reference no: EM132722777

Many of the fact patterns and materials provided herein are borrowed from actual, currently pending (or recently resolved) cases. As such, you should use the Internet at your own risk, and rely only on the information and facts presented in the Question File (and not as supplemented by reporting you may find online).

Format.
Your Response Word File must:

•  be typed,
•  be single-spaced,
•  have a 1" margin on all sides,
•  be in 12-point Times New Roman font,
•  include your name and the page number on all pages, and
•  list a total word count for each question.

Word limits.
For each Short Answer, your response should not exceed 500 words. Total word count for the Essay question should not exceed 1500 words (and indeed, may be satisfied in less). Headings/subheading/footnotes/citations may be excluded from the word count. Please include your word count following each answer.

Instructions:
1. Read each of the two questions carefully and draft appropriate answers no longer than 500 words in length. In this section, you will be graded as much on the perceptiveness of your answer, as on the clarity and conciseness of your writing.

2. Where relevant, you must cite relevant statute sections, case law, etc. in order to receive full credit. These citations do not have to be in Bluebook format (or any particular format for that matter), nor do they need to be full and proper names. In other words, you may write "§43(a)" in lieu of "Lanham Act Section 43(a)" or "Abercrombie" in lieu of "Abercrombie & Fitch Co. v. Hunting World, Inc."

3. Citations, footnotes, headings and subheadings will not count toward your word count.

Short Answer Question #1

In 2012, rapper Nipsey Hussle registered trademarks for various Marathon logos he had used on clothing sold at his Los Angeles-based clothing store since 2011:

On March 31, 2019, Hussle-a long-time affiliate of the LA-based gang the Crips-was fatally shot in front of his store. A few weeks later, a company that calls itself Crips, LLC began using the phrase "The Marathon Continues" on educational pamphlets for gang prevention, and filed an application to trademark the phrase. Hussle's estate filed an opposition with the PTO. You are the examiner assigned to the application. Draft a short finding responding to the opposition and explaining your reasoning.

Short Answer Question #2

Celebrity medical clinic DMH Aesthetics ("DMH") created what it describes as "a unique face shield with distinctive built-in LED colored lights" that allegedly targets wrinkles, diminishing collagen, acne and sun spots:

The company filed an application to register the trade dress with the PTO on July 3, 2020. In the application, the trade dress is described.

Section II: Essay (1 Question):

Instructions:

1. This is a test of your ability to read carefully, understand what you've read, identify legal issues in the area of trademark, apply the relevant law thoughtfully and correctly, and describe your analysis in a logical, clear manner.
2. When you are asked to assess or discuss a legal issue, please include all plausible arguments and responses on either side of that issue. If there are other facts that would be relevant to a legal issue, but are not stated in the question, please state what they are. If you believe there is an error, inconsistency or omission in a question, state your assumption(s) about the issue in your answer.
3. Read the call of the question carefully and draft appropriate answer totaling no longer than 1500 words in length. Any words beyond that count will not be read or credited. In this section, you will be graded as much on the perceptiveness of your answer, as on the clarity and conciseness of your writing.
4. Where relevant, you must cite relevant statute sections, case law, etc. in order to receive full credit. These citations do not have to be in Bluebook format (or any particular format for that matter), nor do they need to be full and proper names. In other words, you may write "§43(a)" in lieu of "Lanham Act Section 43(a)" or "Abercrombie" in lieu of "Abercrombie & Fitch Co. v. Hunting World, Inc."
5. Citations, footnotes, headings and subheadings will not count toward your word count.

Essay Question #3 (1 Question):

On September 18, 2020, Texas-based supermarket chain H-E-B filed suit against drink mix company Swoon Brands, with facts alleged as laid out in this complaint. Plaintiff H-E-B alleges both trademark infringement under Lanham Act §32 and trademark dilution under Lanham Act §43(c). Defendant Swoon Brands has responded with a motion for summary judgement as to both claims. You are a judge on the U.S. District Court for the Western District of Texas. Draft an opinion granting or denying summary judgment as to each of these claims; be sure to fully explain your reasoning.

Attachment:- TradeMark assignment.rar