Hillward Bakers Have Been Using Since Their Inception Ten Years

question 94

Multiple Choice

Hillward Bakers have been using since their inception ten years ago, a blue HB logo with a baker's hat on the HB. Hobert Bakers, a newly opened bakery and confectionary chain, has used the same logo. Hillward has not registered its logo, but chooses to sue Hobert. Which of the following is true of this case?

• A) Hillward cannot sue Hobert since the log has not been registered as a trademark.
• B) Hillward can sue Hobert since the logo has been used by Hillward and is associated with it.
• C) Hobert can defend that Hillward created something that lacks utility, and cannot be trademarked.
• D) Hobert can defend that Hillward created something that was very obvious.
• E) Hillward cannot sue Hobert because logos cannot be patented or trademarked.

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Definitions:

Sole Proprietorship

A business structure in which a single individual owns and operates the business, bearing sole responsibility for its debts and liabilities.

UPA

Stands for Uniform Partnership Act, which is a set of laws adopted by various states in the United States that governs partnerships.

Article of Partnership

A written agreement that outlines the terms, conditions, and responsibilities of each partner in a partnership.

Partnership Contract

A legal agreement between two or more parties who wish to manage and operate a business together in order to share its profits.