Deck 23: Unfair Competition

Question 1

If trade dress is functional, it cannot be protected.

Answer 1

True

Question 2

An advertisement states, "This coffee maker will give you a superior cup of coffee every time." Is this false advertising? Discuss.

Answer 2

This is not false advertising but is puffing or puffery, which is non actionable commercial boasting. ​

Question 3

Unfair competition law is found exclusively in federal statutes.

Answer 3

False

Question 4

Is a spoof routine in which a comedian impersonates actor John Travolta a violation of Mr. Travolta's right of publicity? Discuss.

Question 5

What does the right of publicity protect? Be specific.

Question 6

​ To prevail in an action for dilution, a plaintiff must show actual dilution.

Question 7

The federal trademark statute known as the Lanham Act protects only registered marks.

Question 8

The right of publicity protects only the use of a person's full name.

Question 9

The television show Good Morning America reported that Sean Penn had paid $6 million for a house in Beverly Hills. Is this a violation of Mr. Penn's right of publicity? Discuss.

Question 10

A watch repair shop that states it is an "authorized Rolex watch repair shop" when it is not is engaged in passing off.

Question 11

Selling an inferior handbag as a "Genuine Tory Burch handbag" and using the distinctive double "T" logo of Tory Burch is called ______ .

Question 12

Only celebrities and other similarly famous people may bring an action for violation of their right of publicity.

Question 13

In most states, as a property right, the right of publicity can generally pass to one's heirs upon death.

Question 14

A restaurant that mixes inferior cola when customers ask for "rum and Coke" is committing trade libel.

Question 15

A perfume maker, without singer Rihanna's consent, has labeled its perfume packages with the line "Rihanna's favorite floral scent." Have any of Rihanna's rights been violated? If so, describe.

Question 16

A company has been advertising its shaving gel with the tagline "Tom's favorite for a smooth shave." Football player Tom Brady has initiated an action for a violation of his right of publicity. What defense might the defendant assert?

Question 17

The law of unfair competition can protect against only conventional forms of trade practices, such as false print advertising, and cannot protect against unfair competition acts that are committed on the Internet.

Question 18

The federal agency charged with protecting consumers from unfair or deceptive trade practices is the ______ .

Question 19

An action for unfair competition cannot be combined with any other cause of action. Thus, for example, an action for unfair competition could not also allege trademark infringement.

Question 20

John Smith has had athletic shoes manufactured in China. He has placed a mark highly similar to Nike's famous "swoosh" mark on the athletic shoes, hoping that consumers will think the shoes are offered by Nike. This act is called ______.

Question 21

A news reporter recently stood in front of a Chipotle restaurant while reporting on several cases of consumers stricken with E. coli after eating at Chipotle. Has the mark CHIPOTLE been tarnished by this report?

Question 22

What are the two forms of dilution? Identify them and describe them.

Question 23

An advertisement states, "You are guaranteed to lose 5 lbs. in 5 days with our diet supplements." Is this false advertising?

Question 24

In an action alleging false advertising under the Lanham Act, who is the plaintiff?

Question 25

Why may Coca-Cola initiate an action for dilution but your locally owned laundromat cannot?

Question 26

An advertisement states, "This lipstick won't smudge or wear off for 8 hours." Is this false advertising?

Question 27

The field of ______ protects the overall look and feel of a product as well as its packaging.

Question 28

What is the difference between false advertising and product disparagement?