SOLVED

Natalia owns Balloon Heaven, a popular restaurant in which patrons sit in faux hot air balloons and the walls and ceiling are painted like the sky. Natalia registered her mark, which consists of the restaurant name in the basket of a rainbow-colored hot air balloon. After Natalia’s success, Benji opened a restaurant called Heavenly Balloons on the other side of town. The décor of Heavenly Balloons is similarly crafted to give the patron the impression of eating in the basket of a hot air balloon, with similar tables and paintings. Benji’s logo, which appeared on billboards and local advertisements, depicts a rainbow-colored hot air balloon with the restaurant’s name in the balloon. Several customers have congratulated Natalia on opening a second restaurant and on the billboards appearing around town. 71) Which of the following statements, if true, would be most likely to support a finding that Benji’s mark does not infringe on Natalia’s mark? A) If Benji’s restaurant served completely different types of food. B) If customers called Benji’s establishment looking for Natalia. C) In the logos, Benji’s rainbow is arched; Natalia’s is not. D) If the font in Benji’s logo were smaller. E) If Benji’s establishment is not a restaurant, but a balloon store. 72) ________ occurs when a mark is used without permission on completely unrelated goods, potentially diminishing the value of the mark. A) Bridging the gap B) Trademark dilution C) Trademark theft D) Impermissible use E) Unfair use 73) Which of the following is true about the requirements for trademark dilution and trademark infringement? A) Both require the mark be famous and a showing of consumer confusion. B) Only infringement requires the mark be famous; only dilution requires a showing of consumer confusion C) Only dilution requires the mark be famous; only infringement requires a showing of consumer confusion. D) Both require the mark be famous. E) Both require a showing of consumer confusion. 74) Do both state and federal law protect against trademark dilution? A) Every state has a law against trademark dilution and there is a federal law. B) Only some states have trademark dilution laws, but there is no federal law. C) Both federal law and some states have trademark dilution laws. D) Every state has a law against trademark dilution, but there is no federal law. E) There is a federal law, but no state law. Ramona has an idea for an electric animal brush that vacuums the animal hair and transforms it into usable sewing thread. Ramona calls her device the Hair-2-Thread and begins selling the device in January. Later that year, she decides the device would sell better if she had a patent, and she files the patent application in December. After finally receiving the patent the following year, Ramona discovers a similar device, the HairSew is being sold by Saya and files a patent infringement lawsuit. 75) Where could Ramona file a patent infringement suit? A) A federal court B) A state court. C) Any federal court or the USPTO D) Any state or federal court. E) The USPTO.  Â