Need help with intellectual property law. See attach file

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Need help with intellectual property law. See attach file

Need help with intellectual property law. See attach file
1/ An online trader, Rex has been discovered selling low quality wine false labelled to appear as the product of another merchant, Pam.  Rex has not yet turned over sufficient sales to make a profit and Pam has not suffered any loss as a result of Rex’s activities.  A court has convicted Rex of passing off Pam’s products as his own. What will be the most appropriate remedy a court should order? A. Rex should be sent to prison B.Rex should deliver up his large remaining stocks to be destroyed C.Common law damages D.Account for profits – Rex should pay Pam his profits that were improperly made 2/ The misrepresentation in an action for passing-off: A. May be a misrepresentation as to the quality of goods B. Must be made on packaging or promotional material C. Must relate to the source of the defendant’s products or services D. Must be about the plaintiff’s products 3/For many years, the plaintiff Sally sold a drink that was called ‘nettle tea’, a brew of stewed nettle leaves.  For all this time, Sally was the only supplier and consumers throughout Australia associate nettle tea with the product that Sally sells.  Recently, the defendant Jock has started selling a similar product that he also calls ‘nettle tea’. Is Sally likely to be successful in a claim against Jock to prevent him from calling his product ‘nettle tea’? A. None B. Yes, Sally has established a reputation and so the term ‘nettle’ tea has acquired distinctiveness C. No, ‘nettle tea’ is descriptive and so can never belong to a single trader 4/ Jack has recently introduced a new product into Australia called ‘cricket bites’.  These are made of specially bred crickets (insects) that are baked until they are crispy.  They are sold as healthy bar snacks.  Initial uptake of the product was slow, but cricket bites are gradually becoming popular with environmentally-conscious consumers.  Jill has now started selling a similar product in different packaging to Jack’s, but which are also called ‘cricket bites’.  Is Jack likely to be successful in restraining Jill from using the term ‘cricket bites’ for her product? A. None B. Yes. The term has acquired secondary meaning as Jack has established a reputation in ‘cricket bites’: Reddaway v Banham (1896) C. No. The term is descriptive and Jack has not established such a reputation that the term has acquired secondary meaning. 5/ Who must the target of the misrepresentation be? A. Mislead a substantial proportion of the general public B. Mislead a substantial proportion of the customers for the defendant’s products or services C. This is a very high hurdle – more than half the population of Australia D. The majority of members of the public. E. A single customer F. None 6/ A trader has begun selling children’s pyjamas online under the trade name of the plaintiff, Tuff.  The pyjamas are of poor quality and very flammable.  A child was badly burnt and serious damage is being done to Tuff’s reputation, as the public believe that Tuff is the source of the defective pyjamas.  Tuff has managed to discover the trading address of the trader. What is the most appropriate remedy that Tuff should apply to the court to order? A. Anton Piller order B. Account of profits C. Equitable compensation D. Common law damages E. None 7/ Which of the following shape marks are likely to be refused registration as a result of s 41 of the Trade Mark Act in Australia: (Multiple choices) A. The shape of a sphere for ball bearings B. None C. The shape of a snail for a lolly D. The shape of an elephant for perfume E. A rectangular oblong for chocolate F.The shape of a snail shell (helix) for pasta 8/ Which of the following word marks are likely to be refused registration under s 41 in Australia? (Multiple choices) A. CLASSIC for guava juice B. QUICK FIX for superglue C. ARCTIC for a line of curry powders D. ZYRGON for headache tablets E. COLDIE for beer 9/ Which of the following word marks are likely to be refused under s 43 in Australia (Multiple choices)? A. COFFEE for sleeping tablets B. HEARTY GIPPSLAND BEEF for vegetarian sausages C. FRENCH BURGUNDY for Australian wine D. ZOO for children’s biscuits E. HARBOUR VIEW for canned tuna 10/ The following marks are both used for the sale of meat products. Are they likely to be:      A. Neither substantially identical nor deceptively similar B. Deceptively similar but not substantially identical C. Substantially identical D. None 11/ Are the following marks likely to be:    A. Substantially identical and deceptively similar B. Neither substantially identical nor deceptively similar C. Deceptively similar but not substantially identical D. None 12/ BOTOX is a well known trade mark that is made from the botulinum toxin. It paralyses nerves when injected and so improves the appearance of wrinkles.  FreezeTime sells skin rejuvenating creams and serums all around Australia.  FreezeTime has recently developed a new anti-aging serum called PROTOX.  PROTOX has not been registered yet, and the owner of FreezeTime has been giving family members gifts of PROTOX serum.  Select all statements that are true under s 120. A. There is no infringement because PROTOX is not a sign B. There is no infringement because PROTOX has not been used in the course of trade C. There is no infringement because PROTOX has not been registered D. There is no infringement because PROTOX has not been used in relation to goods and services E. There is no infringement because PROTOX is being used outside the jurisdiction of Australia F. None 13/BOTOX is a well known trade mark that is made from the botulinum toxin. It paralyses nerves when injected and so improves the appearance of wrinkles.  FreezeTime sells skin rejuvenating creams and serums all around Australia.  FreezeTime has recently developed a new anti-aging serum called PROTOX.  PROTOX has now been registered as a trade mark. PROTOX is packaged in an oblong box with FreezeTime’s logo prominently displayed. FreezeTime has made several sales of PROTOX over the internet.  Select all statements that are true. A. There is a high probability that there will be confusion between the BOTOX product and PROTOX product on the part of the target customers. B. There may be infringement because PROTOX has been registered C. There is no infringement because there has been insufficient commercial use D. None 14/ BOTOX is a well known trade mark that is made from the botulinum toxin. It paralyses nerves when injected and so improves the appearance of wrinkles.  FreezeTime sells skin rejuvenating creams and serums all around Australia.  FreezeTime has recently developed a new anti-aging serum called PROTOX.  PROTOX has now been registered as a trade mark. In addition, FreezeTime has found that injecting PROTOX dramatically improves the appearance of wrinkles.  Many practitioners who used to offer BOTOX have now switched to PROTOX.   Select all statements that are true. A. The owners of BOTOX are likely to succeed in an action of misleading and deceptive conduct under s 18. B. The owners of BOTOX are likely to succeed in an action for passing off C. The owners of BOTOX are likely to succeed in a s120 action (Australian law) for infringement that the marks are substantially identical or deceptively similar D. None 15/ The owners of the following products have recently discovered that their wine products are deceptively similar to each other’s. Select the true statements:    A. One of the traders will have to change their packaging B. s 44 does permit concurrent registrations C. The traders have acted in good faith D. The traders will have a defence of honest concurrent use E. None

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