The Enerstretch Is an Exercise Device Whose Trademark Has Been

question 5

Essay

The Enerstretch is an exercise device whose trademark has been registered,although the device itself has not been patented.Sales had been going well,until the Enerstretcher came along.A cheaper copy of the Enerstretch,the Enerstretcher is made with less resilient springs.As a result,the Enerstretcher was prone to snap,injuring its user.The media ran several stories about the victims,and as a result of the bad press,the makers of the Enerstretcher pulled their products off the market.Because of the bad press,the makers of the Enerstretch quickly saw their sales drop as well.You are a risk manager for Enerstretch.Does your company have a case? If so,what kind of remedies can they avail themselves of? Support your answer.

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Definitions:

Musculoskeletal System

The organ system that enables humans to move using the muscular and skeletal systems, including bones, muscles, tendons, ligaments, and other connective tissues.

HCPCS Level

Stands for Healthcare Common Procedure Coding System Level II, a set of codes used for billing and documenting medical procedures and supplies.

Ambulatory Infusion Pump

A portable device that delivers fluids, such as nutrients or medications, directly into a patient's body in a controlled manner.

Similar Care

Healthcare services that are alike or comparable in quality, outcome, or standards.