Paul Is the Owner of a Newly-Opened Theme Park

question 53

Multiple Choice

Paul is the owner of a newly-opened theme park. A rival theme park named Sunny Universe has accused Paul of copying its theme and filed a trade-dress infringement suit against Paul. Which of the following should Sunny Universe prove in order to win the case?

• A) Sunny Universe's theme has been registered with the Patent Office under the Lanham Act of 1947.
• B) Sunny Universe's theme is primarily functional.
• C) The theme adopted by Sunny Universe is inherently distinct and has acquired a secondary meaning.
• D) The theme adopted by Paul's theme park is unlikely to create confusion among customers.

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Definitions:

Inventory Available

The total quantity of goods a company has on hand for sale at any given time, including both finished goods and goods in production.

Current Asset

Assets that are expected to be converted into cash, sold, or consumed within one year or within the company’s normal operating cycle if longer.

Plant and Equipment

Plant and Equipment are long-term assets used in the operation of a business, not intended for resale, including machinery, buildings, and vehicles.

Long-Term Liabilities

Obligations that are not due or payable for a long time, usually for more than a year.