ASSIGNMENT
1.Ryan Corporation manufactures and sells a variety of household cleaning products in interstate commerce.On national television, Ryan falsely advertises that itslaundry liquid is biodegradable. Has Ryan violated the Lanham Act? Explain.
2. Gibbons, Inc., and Marvin Corporation are manufacturers who sell a variety of household cleaning productsin interstate commerce. On national television, Gibbonsstates that its laundry liquid is biodegradable and thatMarvin’s is not. In fact, both products are biodegradable. Has Gibbons violated the Lanham Act? Explain.
3. George McCoy of Florida has been manufacturing and distributing a cheesecake for more than five years, labeling his product with a picture of a cheesecake, which serves as a background for a Florida bathing beauty and under which is written the slogan “McCoy All Spice Florida Cheese Cake.” George McCoy has not registered his trademark. Subsequently, Leo McCoy of California begins manufacturing a similar product on the West Coast using a label similar in appearance to that of George McCoy, containing a picture of a Hollywood star and the words “McCoy’s All Spice Cheese Cake.” Leo McCoy begins marketing his products in the eastern United States, using labels with the word Florida added, as in George McCoy’s label. Leo McCoy has registered his product under the Federal Trademark Act. To what relief, if any, is George McCoy entitled?
4. Sony Corporation manufactured and sold home video recorders, specifically Betamax videotape recorders (VTRs). Universal City Studios, Inc. (Universal), owned the copyrights on some programs aired on commercially sponsored television. Individual Betamax owners frequently used the device to record some of Universal’s copyrighted television programs for their own noncommercial use. Universal brought suit, claiming that the sale of the Betamax VTRs to the general public violated its rights under the Copyright Act. It sought no relief against any Betamax consumer. Instead, Universal sued Sony for contributory infringement of its copyrights, seeking money damages, an equitable accounting of profits, and an injunction against the manufacture and sale of Betamax VTRs. Explain whether Universal will prevail in its action.
5. The Coca-Cola Company manufactures a carbonated beverage, Coke, made from coca leaves and cola nuts. The Koke Company of America introduced into the beverage market a similar product named Koke. The Coca- Cola Company brought a trademark infringement action against Koke. Coca-Cola claimed unfair competition within the beverage business due to Koke’s imitation of the Coca-Cola product and Koke’s attempt to reap the benefit of consumer identification with the Coke name. Should Coca-Cola succeed? Explain.
