[Scuba Diving] Felicia Invented a New Type of Mask That

question 21

Multiple Choice

[Scuba Diving] Felicia invented a new type of mask that was not subject to fogging for scuba divers and obtained a patent on it. She agrees to allow Mei to manufacture and sell the mask. She receives a sum of money for every mask that Mei sells. Felicia also entered into an agreement with Evan to allow him to sell the masks, but only if he also purchased non-patented diving suits from Felicia. All parties proceeded to do very well with their sales.
-Which of the following was the result on appeal in In Re Simon Shiao Tam, the case in the text involving a challenge to the Lanham Act's requirement that a mark not be disparaging?

• A) The court found the disparagement requirement to be unconstitutional under the First Amendment, but affirmed the government's denial of the "Slants" mark.
• B) The court found the disparagement requirement to be constitutional under the First Amendment, but because the mark was derogatory, affirmed the government's denial of the "Slants" mark.
• C) The court found the disparagement requirement to be constitutional under the First Amendment, thus the denial of the "Slants" mark was affirmed.
• D) The court found the disparagement requirement to be unconstitutional under the First Amendment, thus the denial of the "Slants" mark was vacated.
• E) The court found the disparagement requirement did not violate the First Amendment, but refused to comment on whether or not the "Slants" mark was disparaging.

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Definitions:

Traditional Authorship

The attribution of a work (literature, music, art) to an identified, individual originator or group of creators.

Inverted Pyramid

A writing structure common in news reporting, presenting the most important information first, followed by details in decreasing order of importance.

Visual Parallelism

The technique of using visually similar elements within a design or composition to create a sense of unity and balance.

Visual Parallelism

involves the arrangement of text, images, and design elements in a way that allows them to relate visually to each other, enhancing overall coherence and aesthetic appeal.