Author Question: Common law does not dictate amounts required for consideration. Indicate whether the statement is ... (Read 59 times)

arivle123 · **on:** Jun 24, 2018

Common law does not dictate amounts required for consideration.
Indicate whether the statement is true or false

Question 2

FluRight is a flu medicine developed by Medic, Inc The packaging for FluRight bears an uncanny resemblance to the number one flu medicine on the market. The bottle is the same shape and the colors and type on the box are the same. Customers note that they have to look closely to see which brand they are buying. Describe the rights of the company that has the number one brand against Medic, Inc

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

Answer to Question 1

TRUE

Answer to Question 2

There are issues of palming off here. Also, there is perhaps an aspect of trade dress. A company cannot design and package its product so as to make it deceptively similar to another brand and thereby capitalize on its advertising and good will.