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Cheong Choon Ng, the Owner of Rainbow Loom, Developed a Rubber-Band

question 80

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Cheong Choon Ng, the owner of Rainbow Loom, developed a rubber-band jewelery making kit that has a distinctive trade dress C-shaped clip that allows kids to connect loops of rubber bands to form bracelets. The looming technique in the kit dates back to the 1800s when the technique of looping knits was called Brunnian Links. Mr. Ng says he developed the C-Clip as he watched his daughters trying to make bracelets out of tiny rubber bands. After three years of enjoying a monopoly on a hot-selling craft item, Mr. Ng faced competition from FunLoom. Mr. Ng has filed suit against FunLoom for copying the C clip in its craft kit for the rubber band bracelets. Which of the following statements by the owner of FunLoom would be the best avenue for defense against the infringement suit by Rainbow Loom?

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Definitions:

Bundling

The practice of selling several products or services together as a single combined unit.

Two-part Tariff

A two-part tariff is a pricing strategy that includes a fixed fee plus a variable charge based on the quantity of goods or services consumed.

Up-front Fee

An up-front fee is a charge or payment required before the receipt of a service or product, typically used to cover initial costs.

Price Discrimination

Price discrimination is a pricing strategy where identical or substantially similar goods or services are sold at different prices by the same provider in different markets or to different segments of consumers.

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