University of Maryland University College Case in Point 8.1,8.2,8.5, 8.8
Hey please follow the instructions. I need your opinion without resources this is study case I think one paragraph for each is enough and write like high school students because English is my second language .
Case in Point 8.1 Samantha Lundberg opened “Sambuck’s Coffeehouse,” in Astoria, Oregon, even though she knew that “Starbucks” is one of the larg- est coffee chains in the nation. When 8-1Starbucks Corporation filed a dilution lawsuit, the federal court ruled that use of the “Sambuck’s” mark constituted trademark dilution because it created confusion for consumers. Not only was there a “high degree” of similarity between the marks, but also both compa- nies provided coffee-related services and marketed their services through “stand-alone” retail stores. Therefore, the use of the similar mark (Sambuck’s) reduced the value of the famous mark (Starbucks).
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8.2Case in Point Sports entertainment company ESPN sued Quiksilver, Inc., a maker of youth-oriented clothing, alleging trademark infringement. ESPN claimed that Quiksilver’s clothing had used the stylized “X” mark that ESPN uses in con- nection with the “X Games” (extreme action sports
competitions). Quiksilver filed counterclaims for trade- mark infringement and dilution, arguing that it had a long history of using the stylized X on its products.
ESPN created the X Games in the mid-1990s, and Quiksilver has been using the X mark since 1994. ESPN asked the court to dismiss Quiksilver’s counter- claims, but the court refused, holding that the X on Quiksilver’s clothing is clearly an arbitrary mark. The court found that the two Xs are “similar enough that a consumer might well confuse them.
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▶ example 8.5 In 2012, U.S. agents shut down 101 domain names on the Monday after Thanksgiving (“Cyber Monday,” the online version of “Black Friday,” the day after Thanksgiving when the holiday shopping season begins). Although the crimi- nal enterprises may continue selling counterfeit ver- sions of brand-name products under different domain names, shutting down the Web sites, particularly on key shopping days, prevents some counterfeit goods from entering the United States.
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Case in Point 8.8 Monsanto, Inc., sells its patented genetically modified (GM) seeds to farmers as a way to achieve higher yields from crops using fewer pesticides. It requires farm- ers who buy GM seeds to sign licensing agreements promising to plant the seeds for only one crop and to pay a technology fee for each acre planted. To ensure compliance, Monsanto has many full-time employees whose job is to investigate and prosecute farmers who use the GM seeds illegally. Monsanto has filed nearly 150 lawsuits against farmers in the United States and has been awarded more than $15 million in damages (not including out-of-court settlement amounts).
