1. Accompanying LEGO’s registration of its copyright are images depicting “Basic Minifigures.” Rather than these images, the district court compared ZURU’s Action Figures to actual LEGO Minifigures, which differ in facial expression and jacket color. Was this, as ZURU alleged, an improper comparison? Why or why not?

2. On the eve of the trial, ZURU promised to recall its Action Figures from Walmart’s stores in an effort to defeat LEGO’s request for an injunction. Could this promise be considered ethical? Explain.