Question: Vision has observed that Vacation Vista, a competitor hotel chain, has begun decorating its lounges, common areas, and restaurants in the same color schemes as

Vision has observed that Vacation Vista, a competitor hotel chain, has begun decorating its lounges, common areas, and restaurants in the same color schemes as Vision. The overall appearance and impression created by Vacation Vista in its hotels is highly similar to that of Vision’s. Vacation Vista has also begun advertising that its hotel spas are “more luxurious” and “five times more relaxing” than those of Vision. Vacation Vista has also advertised that its room prices are “lower than” those of Vision. Vision is currently planning an advertising campaign, featuring a Donald Trump look-alike who will promote the luxuriousness of Vision’s hotels. Finally, Vision has noticed that many children visiting its hotels are carrying backpacks with Vision’s logo, registered with the USPTO. These backpacks are “knockoffs” and are likely sold by street vendors.

Activities. Discuss whether any of the foregoing acts constitute unfair competition.

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Vacation Village may be infringing Visions trade dress Whether or not the trade dress is registered with the USPTO it is protectable under Section 43a ... View full answer

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