Reference no: EM133294649

Case Study:- Kraft Foods Group Brands LLC (Kraft) is a well-known manufacturer of food products sold in more than 15,000 grocery stores located throughout the United States. Many of its packaged cheeses that are sold in outlets are available under Kraft's trademarked "Cracker Barrel" label. Kraft has been selling cheeses in grocery stores under the Cracker Barrel trademark for more than 50 years. Cracker Barrel Old Country Store, Inc. (CBOCS), operates a well-known chain of more than 600 low-price restaurants. On learning that CBOCS planned to sell a variety of food products in grocery stores under the logo "Cracker Barrel Old Country Store," Kraft filed a lawsuit for trademark infringement. Kraft argues that consumers will be confused by the similarity of the names and alleges that it will be hurt financially. Kraft filed for an injunction to prevent CBOCS from selling product containing the "Cracker Barrel" name in grocery stores. Kraft Foods Group Brands LLC v. Cracker Barrel Old Country Store, Inc., 735 F.3d 735, 2013 U.S. App. Lexis 23124 (United States Court of Appeals for the Seventh Circuit)

Question:- what two elements must a trademark owner prove to succeed in a trademark infringement case?
Considering those two elements, do you think CBOCS's use of the Cracker Barrel name on food products to sell in grocery stores infringes on Kraft's Cracker Barrel trademark? Fully explain your reasoning using concepts and terminology dealing with trademark law.
Cecilia Gonzalez downloaded more than 1,300 copyrighted songs on her computer using a file-sharing network during a few weeks, and she kept them on her computer until she was caught. BMG Music, which owns the copyrights on many of the songs she downloaded, sued Gonzalez for copyright infringement of 30 of these songs. Gonzalez defended, arguing that her downloading of these copyrighted songs was lawful. Gonzalez's position was that she was just sampling music to determine what she liked enough to buy at retail. She also defended by arguing that other persons were greater offenders than she was. BMG Music v. Gonzalez, 430 F.3d 888, 2005 U.S. App. Lexis 26903 (United States Court of Appeals for the Seventh Circuit, 2005)

1. According to the Copyright Term Extension Act of 1998, how long do copyrights last?
2. The Fair Use Doctrine can allow unauthorized use of copyrighted works for limited reasons. According to the book, what are the 6 uses covered by fair use?
3. Given the facts in the case, do you think Gonzalez is liable for copyright infringement? Would any of her arguments allow use under the Fair Use Doctrine? Fully explain your reasoning using concepts and terminology dealing with copyright law.