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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