Question: Quinn develops a new container for her High Flying soda in the shape of a plane with a soda bottle on the nose. She immediately

Quinn develops a new container for her High Flying soda in the shape of a plane with a soda bottle on the nose. She immediately properly registers the design but does nothing else. Later she discovers a competitor using the same shape bottle. She sues the competitor for violations of the Industrial Design Act and asks for damages of $1 000 000. Will the court grant her damage request?

Yes, because the competitor used a registered design

No, because damages are limited to $100 per infringement

Yes, because the competitor did not ask for permission before using the unique shape

No, because she did not place the capital D in a circle on the container

No, because the only possible remedy for a violation of the Act is an injunction preventing further use of the shape in question

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