Posted: August 23rd, 2016

What is the fixed standard ratio?

Bobbitco sued Lorena on the theory that Lorena s use of the Slice o Magic name infringed Bobbitco s SLICE O MATIC trademark. Which of the following statements provides a legally accurate analysis?
a) When the court determines whether the necessary elements of trademark infringement are present, it will regard as irrelevant the fact that Bobbitco sells its product by mail or telephone order, whereas Lorena sells its product in department stores.
b) Even though Bobbitco s SLICE O MATIC trademark features cursive lettering and Lorena s Slice o Magic appears in block lettering, the court is likely to conclude that the first element of trademark infringement is present.
c) Nothing in the facts suggests that Lorena deliberately set out to use a version of Bobbitco s trademark; therefore, the elements of an infringement claim cannot be met.
d) Bobbitco will lose the case because it cannot prove an essential element: that Lorena used a version of the Bobbitco trademark in connection with the same type of product as to which Bobbitco uses the trademark.

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