Question $32$

$2\mathrm{.}5pts$

Smith has dominated the glass mug industry for decades. Everyone buys her type of specially designed mug invented in $1997$ but which really started to become popular eight years ago. Three weeks after the sales started upward, Smith applied for and received legal protection for the name that it coined for its specially designed mugs, the "Smithie." Smith even had an advertising campaign, with a catchy little tune, praising the virtues of the "Smithie." By the time that campaign ended $($about seven years ago$),$ and continuing ever since, people have routinely used the word "Smithie" to describe all specially designed mugs, including those made by Smith's competitors. Yesterday, Smith saw a television commercial in which Dennis advertised his own "Smithie," which Dennis calls "the Buckaroo." Dennis repeatedly refers to his new mug as "the very best Smithie," Smith is furious that Dennis is using Smith's term, the "Smithie," to advertise Dennis's "Buckaroo." Which of the following is most likely to occur?

$$ Dennis will be found to have NOT infringed because his product is sufficiently distinct.

Dennis will be found to have NOT infringed because Smith's protection lapsed.

Dennis will be found to have infringed on Smith's trade secret.

Dennis will be found to have infringed on Smith's patent.

Dennis will be found to have infringed on Smith's tradema.

$r$