Smith and Roberson's Business Law
16th Edition
ISBN: 9781285428253
Author: Richard A. Mann, Barry S. Roberts
Publisher: Cengage Learning
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Chapter 4, Problem 5CP
Summary Introduction
To discuss: Whether the company’s freedom of speech trespassed unconstitutionally.
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The U.S Supreme Court requires that any condemned property must be put into use for the general public.
True
False
Describe the role of the Federal Trade Commission's (FTC) in regulating advertising.
Solar Living discovers that Sunny Solar is planning to use the slogan “The Sun Is Always Shining on Solar Energy” in its marketing materials. Solar Living quickly files a trademark application for that phrase to prevent Sunny Solar from using it, although Solar Living has no plans to use the slogan. Will Solar Living’s application be granted?
No, because Sunny Solar can prove that it thought up the slogan before Solar Living did.
Yes, because Solar Living was the first to file for the trademark, and the U.S. operates on a first-to-file system.
Yes, because “The Sun Is Always Shining on Solar Energy” is a phrase that can acquire a secondary meaning.
No, because for a trademark to be granted an applicant must actually use, or intend to use, the mark in commerce.
Chapter 4 Solutions
Smith and Roberson's Business Law
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