What must a plaintiff prove to succeed on a claim of trade-dress infringement?
What will be an ideal response?
To succeed on a claim of trade-dress infringement, a party must prove three elements:
1. The trade dress is primarily nonfunctional.
2. The trade dress is inherently distinctive or has acquired a secondary meaning.
3. The alleged infringement creates a likelihood of confusion.
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Which of the following becomes part of the contract, is guaranteed to be true, and if untrue, may be grounds for rescinding the policy?
A. Facility of payment clause B. Contract of adhesion C. Warranty D. Consideration
The most elaborate form of product use test requires:
A) diagnostic test to eliminate serious problems with the product. B) limited time horizon trial among customers who should be asked whether they would buy. C) placement of the product in homes for an extended period. D) small sample of customers, usually employees.