Hi! I need to do a case brief for my Business Law class and am stuck on
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Hi! I need to do a case brief for my Business Law class and am stuck on how to complete... I have a very hard time with this class and need help to complete it :(
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BRANDT BUSINESS LAW Case Brief #2 Assignment Penny Graphics v. Deelite Designs (2020)* Penny Graphics ("Penny") is a graphic designer company that has a reputation for putting out good quality vegan apparel products. Penny Graphics is located in Orland, Florida. Deelite Designs ("Deelite") is a well known fashion design company in New York, New York. Deelite specializes in designing fashion apparel for very high net worth individuals and has a net worth of $10 Million. In March 2020, Penny began working with engineers to develop a vegan reusable mask for use during the COVID global pandemic which she called, "Magically Made Masks." In April 2020 Deelite, also realizing the need for masks during the global pandemic, began developing its own masks which it out of pure coincidence also wanted to call "Magically Made Masks." Penny worked with its engineers to create masks of many different colors and sizes, for adults and children, and registered the domain name www.magicallymademasks.com in April 2020. Also in April 2020, Deelite filed an intent to use application for the trademark "Magically Made Masks" with the US Patent and Trademark Office (USPTO) at the same time in April 2020. At the time no other company had registered the name "Magically Made Masks," not even Penny. In May 2020, Penny sells one of its initial designs under the name "Magically Made Masks" to a customer in Orlando to see how the customer liked it. Customer bought the mask, but did not like the mask because it did not fit that customer's face right. Penny then knew that it needed to go back to its engineers too create a new deisgn to sell. Deelite's masks started selling in Deelite stores and other retail stores aroound the country in June 2020, as well as online at Delite's website, www.deelitemagicallymademasks.com. Penny got its updated mask in July 2020. from its engineers, and it was a superior fit, so Penny started selling that. While updated "Magically Made Masks" version in July 2020. Penny's updated mask was such a hit with the vegan community that she went viral. Deelite took notice. Deelite filed a lawsuit against Penny claiming Penny committed trademark infringement. Deelite claims that it has the priority in legal claims to the slogan "Magically Made Masks" because it filed his intent to use application in April 2020, and started selling its masks in June 2020, before Penny's popular current version of the mask hit the stores in July 2020. Penny counters that Deelite did not have priority to "Magically Made Masks" because it was a generic term when Deelite filed its intent to use application, and that Deelite did not make the mask as successful as Penny did. Deelite argues that the phrase "Magically Made Masks" is not generic or descriptive but is instead suggestive and thus qualifies for trademark protection without the need for secondary meaning. Trademark protection is granted when a mark is capable of distinguishing its products from those of others. Descriptive terms are those that convey qualities or characteristics of the goods being sold. 1 BRANDT BUSINESS LAW Case Brief #2 Assignment Penny Graphics v. Deelite Designs (2020)* Penny Graphics ("Penny") is a graphic designer company that has a reputation for putting out good quality vegan apparel products. Penny Graphics is located in Orland, Florida. Deelite Designs ("Deelite") is a well known fashion design company in New York, New York. Deelite specializes in designing fashion apparel for very high net worth individuals and has a net worth of $10 Million. In March 2020, Penny began working with engineers to develop a vegan reusable mask for use during the COVID global pandemic which she called, "Magically Made Masks." In April 2020 Deelite, also realizing the need for masks during the global pandemic, began developing its own masks which it out of pure coincidence also wanted to call "Magically Made Masks." Penny worked with its engineers to create masks of many different colors and sizes, for adults and children, and registered the domain name www.magicallymademasks.com in April 2020. Also in April 2020, Deelite filed an intent to use application for the trademark "Magically Made Masks" with the US Patent and Trademark Office (USPTO) at the same time in April 2020. At the time no other company had registered the name "Magically Made Masks," not even Penny. In May 2020, Penny sells one of its initial designs under the name "Magically Made Masks" to a customer in Orlando to see how the customer liked it. Customer bought the mask, but did not like the mask because it did not fit that customer's face right. Penny then knew that it needed to go back to its engineers too create a new deisgn to sell. Deelite's masks started selling in Deelite stores and other retail stores aroound the country in June 2020, as well as online at Delite's website, www.deelitemagicallymademasks.com. Penny got its updated mask in July 2020. from its engineers, and it was a superior fit, so Penny started selling that. While updated "Magically Made Masks" version in July 2020. Penny's updated mask was such a hit with the vegan community that she went viral. Deelite took notice. Deelite filed a lawsuit against Penny claiming Penny committed trademark infringement. Deelite claims that it has the priority in legal claims to the slogan "Magically Made Masks" because it filed his intent to use application in April 2020, and started selling its masks in June 2020, before Penny's popular current version of the mask hit the stores in July 2020. Penny counters that Deelite did not have priority to "Magically Made Masks" because it was a generic term when Deelite filed its intent to use application, and that Deelite did not make the mask as successful as Penny did. Deelite argues that the phrase "Magically Made Masks" is not generic or descriptive but is instead suggestive and thus qualifies for trademark protection without the need for secondary meaning. Trademark protection is granted when a mark is capable of distinguishing its products from those of others. Descriptive terms are those that convey qualities or characteristics of the goods being sold. 1
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