Author Question: You post a notice at school that you will sell your laptop computer for 600 . A buyer comes by your ... (Read 137 times)

Kikoku · **on:** Jun 24, 2018

You post a notice at school that you will sell your laptop computer for 600 . A buyer comes by your room to look at it while you are gone and your roommate sells it for 500, thinking you would be happy with that price, which you did not authorize.
a. you must accept the deal because your roommate had implied authority
b. you must accept the deal because people living together have power of attorney c. the deal cannot be valid because there was no consent
d. you can accept the deal by express ratification only e. none of the other choices

Question 2

Trademark Infringement. A&H Sportswear Co, a swimsuit maker, obtained a trademark for its MIRACLESUIT in 1992. The MIRACLESUIT design makes the wearer appear slimmer. The MIRACLESUIT, which was widely advertised and discussed in the media, was also sold for a brief time in the Victoria's Secret (VS) catalogue, which is published by Victoria's Secret Catalogue, Inc In 1993, Victoria's Secret Stores, Inc, began selling a cleavage enhancing bra, which was named THE MIRACLE BRA and for which a trademark was obtained. The next year, THE MIRACLE BRA swimwear debuted in the VS catalogue and stores. A&H filed a suit in a federal district court against VS Stores and VS Catalogue, alleging in part that THE MIRACLE BRA mark, when applied to swimwear, infringed on the MIRACLESUIT mark. A&H argued that there was a possibility of confusion between the marks. The VS entities contended that the appropriate standard was likelihood of confusion and that, in this case, there was no likelihood of confusion. In whose favor will the court rule, and why?

jordangronback · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

e

Answer to Question 2

Trademark infringement
The court found a possibility of confusion between THE MIRACLE BRA trademark and the MIRACLESUIT mark, as applied to swimwear. The court stated that where a party moved into the territory of an established concern, the likelihood of confusion standard' should be lowered to a possibility of confusion.' Treating VS as a newcomer and A&H as an established concern, the court concluded that VS's use of the MIRACLE BRA on swimwear had infringed the MIRACLESUIT mark. The VS entities appealed to the U.S. Court of Appeals for the Third Circuit, which held that the appropriate standard for determining trademark infringement under the Lanham Act is the likelihood of confusion test and remanded the case for an analysis under that standard. The court indicated that likelihood of confusion' is synonymous with probable confusion. It is not enough if confusion is only possible. A possibility of confusion standard would favor established companies over newcomers.