Posted: February 26th, 2022

Third Individual Writing – Industrial Design Paper

MAE 400 – FALL 2017

Third Individual Writing – Industrial Design Paper

• The coed ought to analyze the trademark points dealing with industrial design –BMW Mini-Cooper four-door vs the Lifan 320

– BMW Sells its Mini-Cooper four-door within the US. – Assume that the Chinese language auto producer Lifan was promoting its SUV within the US. – If BMW have been claiming that Lifan infringes their trademark design within the US, would they

win? • Apply US Trademark Regulation within the context of gross sales / customers within the U.S.

• Format – Exec Abstract / Principal Physique / References / Figures the place applicable

Slide 204

MAE 400 – FALL 2017

The place will all of it finish? Knockoff vehicles!?!?

Slide 201

MAE 400 – FALL 2017

Slide 202

MAE 400 – FALL 2017

BMW “Mini Cooper” vs Lifan 320

BMW “Mini Cooper” Lifan 320

Slide 203

MAE 400 – FALL 2017

Third Individual Writing – Industrial Design Paper

• Bear in mind the authorized take a look at! – The plaintiff (the occasion looking for courtroom help) should show

• 1. that it owns a sound trademark, • 2. that it has precedence (its rights within the mark(s) are “senior” to the defendant’s), and • three. that the defendant’s mark is more likely to trigger confusion within the minds of customers in regards to the

supply or sponsorship of the products or companies provided beneath the events’ marks. • When a plaintiff owns a federal trademark registration on the Principal Register, there’s a authorized

presumption of the validity and possession of the mark in addition to of the unique proper to make use of the mark nationwide on or in reference to the products or companies listed within the registration.

• These presumptions could also be overturned within the courtroom proceedings if the defendant makes a persuasive argument.

• Your paper should tackle: – Problem and the Conclusion: Does BMW personal a sound mark? Sure/No/Possibly – Does BMW have a registered Federal Trademark? (Trace: have a look at TM 78781927) – Does BMW have “precedence” – Sure/No – clarify who’s the senior person? Who’s the

junior person? – Will Lifan trigger confusion within the minds of customers?

• Work via the eight components within the Trademark take a look at – Will BMW prevail?

USE IRAC writing wherever potential to EXPLAIN your reasoning! Slide 205

MAE 400 – FALL 2017

Industrial Design Paper

• This paper ought to proceed to adapt to the margin and government abstract of the primary two papers

• The paper ought to proceed to make use of APA format for references

• There ought to be no less than 10 direct quotes within the paper. Info and outdoors opinions MUST be referenced. – Keep on with Professional Sources

• Newspapers (ex. LATimes, Arizona Republic) • Respectable Magazines (ex. BusinessWeek)

• The paper ought to be lengthy sufficient to adequately cowl the task, however concise sufficient to carry the reader’s consideration. – Please hold it round 2,500 phrases.

Slide 206

MAE 400 – FALL 2017

——

FALL 2017 MAE 400

Individual Writing – Industrial Design Paper – Third

• The coed ought to look at the trademark challenges confronting industrial design – BMW Mini-Cooper four-door vs. Lifan 320.

– BMW sells its Mini-Cooper four-door in the US. Assume that the Chinese language automaker Lifan was promoting their SUV in the US. – Would BMW complain that Lifan infringes on their trademark design in the US?

• Apply US Trademark Regulation within the context of US gross sales / prospects

• Format – Govt Abstract / Principal Physique / References / Figures as wanted

204th slide

FALL 2017 MAE 400

The place will all of it come to an finish? Vehicles which are knockoffs?!?

201st Slide

FALL 2017 MAE 400

202nd slide

FALL 2017 MAE 400

BMW “Mini Cooper” vs Lifan 320

BMW “Mini Cooper” Lifan 320

Slide 203

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