Cheong Choon Ng, the owner of Rainbow Loom, developed a rubber-band jewelery making kit that has a distinctive trade dress C-shaped clip that allows kids to connect loops of rubber bands to form bracelets. The looming technique in the kit dates back to the 1800s when the technique of looping knits was called Brunnian Links. Mr. Ng says he developed the C-Clip as he watched his daughters trying to make bracelets out of tiny rubber bands. After three years of enjoying a monopoly on a hot-selling craft item, Mr. Ng faced competition from FunLoom. Mr. Ng has filed suit against FunLoom for copying the C clip in its craft kit for the rubber band bracelets. Which of the following statements by the owner of FunLoom would be the best avenue for defense against the infringement suit by Rainbow Loom?

Question

Quizplus · Accepted Answer

The statement "Is a loom something new and novel? It isn't" suggests that the C clip is not a unique or novel invention and therefore, cannot be protected by trademark law. This is a potential defense against the infringement suit by Rainbow Loom. Option A is not relevant as the size of the clip is not the issue. Option B is weak as it implies that FunLoom has intentionally copied the design. Option D is also not a strong defense as copyright infringement is a legal matter and cannot be decided by competition.

Cheong Choon Ng, the Owner of Rainbow Loom, Developed a Rubber-Band