Assignment Question
1. Is the following product infringing upon a trademark? Discuss why or why not. For reference, the front label depicts a butcher with a steak and bloody meat cleaver standing in front of a grill, under the bold words ‘PETA People Eating Tasty Animals’ The back label reads, “Where’s the beef …and the veal, pork, and chicken too? And don’t forget the whale, dolphin, baby seal, and panda. Loving all God’s creatures next to my potatoes.” Walkthrough the elements of trademark infringement and the relevant factors regarding the likelihood of confusion, along with the parody test set by PETA v. Doughney.
2. Prof. Doval’s friend Steve came to him recently with a legal question. Steve owns a hot sauce company, where he makes ‘That Hot Sauce’. The hot sauce is sold locally around Richmond, Virginia in less than a handful of restaurants where it is used in recipes and cocktails, but it has a bit of a cult following. Steve wants to file a trademark application, what do you advise? Will his trademark application be approved for the name, logo, or both? Why or why not? How could he appeal if denied, and the likely result?
His website reads: “For years the founder and hot sauce fanatic behind That Hot Sauce made this recipe at home, just for a few lucky friends. The sauce never had a name, but when it ran out, all he’d hear were cries for “more of that hot sauce!” Now, That Hot Sauce is available for everyone. It’s a complex sauce with perfect heat, great on anything.” Beyond the image below, the bottle reads along the side: This is THAT HOT SAUCE the monster of a sauce with huge flavor and the perfect heat. Unleashed on the world by a mad chili genius. Put it on everything.
Last Completed Projects
| topic title | academic level | Writer | delivered |
|---|