About
Below is a listing of the clients, attorneys, marks, and goods/services for Project 4.
Common facts
Facts that apply to all scenarios:
- Potentially related threat: see email sent to partner (and forwarded to you) Nov. 4, 2019
- Website: iphattitudes.com may or may not be related.
- The client is Acme, Inc. Your “CEO” is not the client. Acme is. The address has previously been provided to you.
- Information on your client’s mark & registration:
- Surprise!!! Your application went through without a hitch!
- Your application serial # is USPTO application serial No. 88/169,781, filed Sept. 26, 2019.
- Registration # 8,675,309 issued on Oct. 16, 2019. You did a really good job to get it through without a problem!
- FYI, your client is impatient. Acme started using its chosen mark on Oct. 8, 2019, even though they promised to wait for your advice before proceeding. Clients!
- The goods/services that your client is using the mark for are those they initially told you about as listed in the table below.
- Your client is also offering any additional goods/services that you registered in the registration project in Project II.
- Surprise!!! Your application went through without a hitch!
- Your opponent is Fringe Marketing, Inc.
- Fringe started using its potentially conflicting mark on November 1, 2019.
- Fringe is incorporated in Delaware.
- Fringe’s headquarters is 5150 Copyist Drive., [CITY], [STATE]. For city and state see your scenario below. For zip code figure out a plausible zip code for that city.
- Fringe’s address The CEO of Fringe is a fellow by the name of Walter Bishop.
- Other geographic activities of of Fringe may also vary by scenario. See below.
- Added 11/10/19: the facts of each scenario below stand on their own. You may not use the facts of one (or more) alleged infringements to try to bolster your own case.
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Emailed 11/15/19:
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Certification form not required. As noted in yesterday’s class, you should not include a certification form with the C&D you transmit this week. As I noted, you are role-playing, so stay in character. A real lawyer would never send such a document with an actual C&D. The certification instead goes only with your final case file.
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Don’t invent magical facts. If you believe you need additional facts, please contact me and I’ll consider your request. However, you may not invent additional facts, particularly “magical” facts that bolster your case. Nor can you ask your client to provide you such magical facts. Your scenario was created to give you a meaningful educational and experiential role-playing experience, so trying to make it easy would undercut the realism.
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Individual facts
For facts that apply specifically to you, see below.
If you believe you need more facts, let me know. If I agree, I will create more facts for you.
| You: Assigned Lawyer | Acme’s CEO | Acme’s mark | Acme’s goods/services initially provided by Acme CEO. Also keep in mind the goods/services you applied for, which may vary from the initial listing provided below. | Fringe Marketing, Inc.’s potentially infringing conduct |
| Kabil A. | Erika B. | Shoe Genie | Portable electric climate-controlled freestanding footwear storage solution for commercial and residential use that extends the shelf life of a shoe and maintains the integrity of all footwear components and materials, namely, hardware, adhesives, leather, synthetic and natural textiles by providing an environment that prevents the common signs of aging or improperly stored shoes, namely, mold growth, cracked leather, oxidized metal hardware. | Marks: FOOT GENIE and SHOE GENIUS
Goods/services: Shoe reconditioner and polish. The FOOT GENIE brand is for men and SHOE GENIUS is for women. Business activities and/or locations: Sold only in Target stores nationwide. Headquarters is in Portland, Oregon. |
| Erika B. | Maria B. | Plus Wear It Better | We are currently living in a world where fashion is important, and plus size women are being rejected by our current clothing stores. Therefore, this mark will welcome every plus size woman to a new wardrobe. | Mark: PLUS BETTERWEAR
Goods/services: Clothing for plus-sized persons of all genders. Business activities and/or locations: Sold in Macys stores nationwide. Headquarters is in Chicago, Illinois. |
| Maria B. | Dylan C. | Harry Pothead | Medical Marijuana Store | Mark: HARRY POTTERHEAD
Goods/services: Recreational marijuana sold in plant form, in pre-rolled marijuana cigarettes (joints and blunts), as well as a variety of edibles (such as gummies and chocolates). They also sell t-shirts. Business activities and/or locations: Stores in San Francisco, CA, Denver CO, Portland, OR. They are currently in negotiations to lease space in the Miami Design District to start a HARRY POTTERHEAD coffee and tea shop, with plans to convert it into a marijuana cafe if and when marijuana becomes legal for recreational use in Florida. Headquarters in Portland, OR. |
| Dylan C. | Thomas D. | Astral | High-end luxury watchmaker owned by Acme, Inc. Watches are handmade in house from the most skilled horologists around the world, using the finest materials possible to deliver you a watch that is out of this world.
Watches sold exclusively in Acme stores (located in Miami Beach and Honolulu, Hawaii), as well as select Sak’s stores nationwide. Not available online from any vendor. |
Mark: ASTRA
Goods/services: Smartwatch, like the Apple Watch but much better. Their slogan is “Space-age technology . . . and Beyond!” Business activities and/or locations: Sold via Amazon and eBay. Headquarters in Anchorage, AK. |
| Thomas D. | Jonathan D. | Chip Check | Supplies vending machines with rotating products to microtarget customer bases with best sellers. Data are then compiled and shown graphically to the machine owner/lessee. | Mark: CHIPCHEX
Goods/services: Supplies vending machines with rotating products to microtarget customer bases with best sellers. Data are then compiled and shown graphically to the machine owner/lessee. Business activities and/or locations: Based in San Jose, CA. Sells to vending machine manufacturers in Western United States. |
| Jonathan D. | Stephanie E. (A.) | PrimeTune | Acme, Inc. is a business located in Dania Beach, Florida that specializes in car performance modifications and tuning. Acme has several Master ASE certified technicians with combined decades of experience, that can install your parts and tune your vehicle for any desired modifications. Imported and domestic vehicles are welcome! | Mark: PRIMO TUNE SHOP
Goods/services: Car mechanics. Business activities and/or locations: Headquarters and shop in Boca Raton, FL. Advertises on nationwide car websites. |
| Stephanie E. (A.) | Daniel G. | Hoppster | “India pale ale (IPA)” styled beer. | Mark: HOPSTAR
Goods/services: Microbrewed beer with lots ‘o hops. Business activities and/or locations: Headquarters and brewery based in Deland, FL. Sold in Publix grocery stores in Florida, Georgia, and Alabama. |
| Daniel G. | Trevor G. | Miracle Grass | MIRACLE GRASS is the name of a Marijuana dispensary located in Boulder, Colorado (and owned by Acme). The dispensary sells THC and CBD products. | Mark: GRASSSSY MIRACLE
Goods/services: Medical marijuana Business activities and/or locations: Albuquerque, New Mexico headquarters and dispensary (at site of former fast-food chicken restaurant). |
| Trevor G. | Rachel G. | Tempty Edibles | Chocolates | Mark: TEMPTIES
Goods/services: Hand-made, organic chocolates and confections Business activities and/or locations: Deland, Florida store and headquarters. |
| Rachel G. | Andrew H. | Rubberneck Protect | A collapsible, lightweight privacy screens used to shield accidents on the shoulder of the road so that drivers not involved in the accident cannot see the aftermath and as a result are less likely to slow down traffic.
Solicitations sent through the mail to local and state government transportation departments nationwide. So far, two screens have been sold to DMVs and DOTs, one in Dade County and the other to the Pennsylvania DOT. |
Mark: RUBBERNECK PROTECT
Goods/services: Neck braces for victims of automobile accidents. Business activities and/or locations: Sold in medical supply stores nationwide. Headquarters in Toledo, OH. |
| Andrew H. | Valerie I. | H2O Patrol | Water filtration rental services. | Mark: H20 Patrol
Goods/services: Water testing and purifying kit sold to campers and outdoorspersons. Business activities and/or locations: Sold in Bass Pro and REI stores nationwide (as well as on those companies websites) |
| Valerie I. | Kathrine K. | Naked Thermo | Acme, Inc. is an all natural, earthy and organic brand that produces everyday products without harming the environment. Acme, Inc.’s goal is not only to minimize our carbon footprint, but to do so with enjoyment and pleasure. Acme, Inc. focuses both on the preservation of our natural world and the consumers that exist in it. The product is hybrid thermostat made with all natural bamboo and 100% recycled fibers. The design is sleek, practical and maintains the natural colors of bamboo with minor variances of colors with each product. The Naked Thermo keeps liquids hot or cold for a total of five hours.
Sold only in person at Aldi’s grocery stores wherever Aldi’s may be found. Not available online at all, not on Amazon, not on a website, not even through Aldi’s website. |
Mark: NAKED THERMALS
Goods/services: Keeps your coffee hot and your house cool. An all-in-one house and food/beverage monitoring system that monitors your house temperature, heating, and air conditioning, your refrigerator/freezer, and even is “wired” to beverage containers (such as wifi/bluetooth coffee cups and thermoses). The temperature of “everything that matters to you” can be controlled via smartphone app. Business activities and/or locations: Headquarters in San Bernardino, CA. Made in China for sale on Amazon and other fine online retailers. |
| Kathrine K. | Sanje L. | Quickie | Delivery services | Mark: QUICKIES
Goods/services: Food delivery services (like Uber Eats or Grub Hub). Use a smartphone app to order quick delivery of your dinner from your favorite eateries! Business activities and/or locations: Jacksonville, FL headquarters, but drivers exist in 48 states (but not Hawaii or Alaska). |
| Sanje L. | Adrianna L. | Midnight Skies | A sleeping mask
Sold online through eBay, Amazon, and Etsy. |
Mark: NIGHT SKIES
Goods/services: A clock that plays soothing sounds to help you sleep along with “binaural” beats that realign your brain waves for a more deep, natural sleep. The clock also includes a “sleep-friendly” projector that puts stars and moons onto the ceiling to further lull you into a restful, healthy slumber. Business activities and/or locations: Made in China for sale through Walmart stores nationwide. Headquarters in Akron, OH. |
| Adrianna L. | Tara M. | Kettle | Name of a cryptocurrency as well as a cryptocurrency exchange service that buys and sells Kettle as well as a variety of other cryptocurrencies such as Bitcoin | Mark: KEETEL
Goods/services: Provides online payment services. Just like PayPal but it’s called KEETEL. Business activities and/or locations: Based in Seattle, WA. |
| Tara M. | Jeffley M. | Apollo | A line of microphones used for recording music and music recording equipment | Mark: APOLLO LIVE
Goods/services: Multi-track digital recording app for iOS and Android. Business activities and/or locations: Available on iOS and various Android stores (Google Play and Amazon). Headquarters based in Pittsburgh, PA. |
| Jeffley M. | Angela N. | Pause-It | Software that locks the user out of the computer for five minutes at predetermined times, essentially forcing the user to take a break. During each break, the user will see a countdown clock to the end of the break, as well as reminders (set by the user) such as: “Grab a glass of water,” or “Get up and stretch.” | Mark: PAWS-IT
Goods/services: Aimed at pet owners who spend too much time working or online. Software that locks a user out of a computer or device for five minutes at predetermined times, essentially forcing the user to take a break and play with their dog. During each break, the user will see a happy dog face and paws, reminding them to play with their pooch. Business activities and/or locations: Available for Windows, Mac, iOS and Android. Headquarters based in Denver, CO. |
| Angela N. | Justin O. | DiscoverME | An application that allows artists to search for producers on a global and regional scale. This will include any of the producers accomplishments but also as a building block for artists to connect with producers according to different styles. | Mark: DiscoverEE
Goods/services: Like LinkedIn, but for actors, artists, and other persons in creative industries. Allows networking and talent searching. Business activities and/or locations: Operates out of a garage in Anchorage, AK. App available for iOS and Android. |
| Justin O. | Angie O. | Case Closed | Software for attorneys to manage clients and cases | Mark: CASE OPEN & CLOSED
Goods/services: Software for lawyer case and project management. Business activities and/or locations: Headquarters in New York, NY. Sold online on Amazon and via mail order. |
| Angie O. | Osvaldo O. | Scentees | An N95 mask with a scented inner lining that smells good. Designed for healthcare professionals and those in “dirty jobs.
Sold exclusively in Costco stores nationwide. |
Mark: SCENTFREES
Goods/services: N95 mask with extra charcoal to keep odors out and pleasant air in. Business activities and/or locations: Sold in Home Depot and Lowes stores nationwide. Headquarters in Louisville, KY. |
| Osvaldo O. | Katherine P. | Whack-Pack | Fanny packs that resemble animals, with oversized zipper openings resembling the mouth. | Mark: WHACKY PACKS
Goods/services: Purses that looks like clowns. Business activities and/or locations: Sold in Target and Walmart stores nationwide. Headquarters in Buffalo, NY. |
| Katherine P. | Norberto R. | Zer0 (the last character is the numeral “0”) | A zero-calorie fruit (natural and artificial) flavored water beverage. | Mark: BELOW ZER0
Goods/services: A no-calorie seltzer water in a variety of natural sugar-free flavors. Business activities and/or locations: Sold in Aldi’s nationwide. Headquarters in Seattle, WA. |
| Norberto R. | Ariana R. | SummerFit | Vitamin supplement that will activate metabolism, to support and enhance a daily healthy diet to help consumers achieve the summer body they aspire. | Mark: SUMMER FITS
Goods/services: Body-slimming girdle for men that places pressure on loose abdominal muscles to help men target weak muscles to ensure that perfect summer “six-pack.” Business activities and/or locations: Sold in GNC stores nationwide. Headquarters in Miami Beach, FL. |
| Ariana R. | Jennifer R. | RedNight | Winery and a wine distribution company that specializes in red wines. | Mark: ROTE NACHT
Goods/services: German-style red wine. (Rote Nacht is German for Red Night.) The label shows a red moon. Business activities and/or locations: Sold in Total Wine stores throughout the southeast. Headquarters in Napa Valley, CA. |
| Jennifer R. | Dylan S. | Galaxy | TV & Movie streaming service
Available via its iOS app available through the iOS app store, as well as an app that runs on Apple TV and Roku. |
Mark: GALAXION
Goods/services: Video sharing app made for Android phones. Business activities and/or locations: Available through the various Android stores (Amazon, Google Play). Headquarters in Jackson, Mississippi. No advertising activities. |
| Dylan S. | Zachary T. | Herd | Music Speakers (known for their piercing treble and rattling bass) | Mark: HEARD!
Goods/services: Headphones. Business activities and/or locations: Exclusively at Best Buy. Headquarters in Punxsutawney, PA. |
| Zachary T. | Angeline V. | Mercy | Womens shoes and accessories | Mark: MERCY ME!
Goods/services: Women’s shoes, lingerie, handbags, as well as bottled water. Business activities and/or locations: Sold in Victoria’s Secret stores. Headquartered in Peoria, IL. |
| Angeline V. | Stephanie V. | Millennium | Car wash. The business will offer two options: self-service car wash for those clients who enjoy cleaning their car or a full-service car wash where the best attendants will wash the vehicles leaving them brand new. The business will have a decade’s theme décor and the best music from the decades will be playing. Also, snacks and beverages will be offered in the waiting area with arcade games to entertain. | Mark: MILLENNI-YUM
Goods/services: Car wash and diner. Get breakfast any time of the day while your car is lovingly hand washed and waxed by our experts. Business activities and/or locations: One Hollywood, FL location. Hoping to expand nationwide real soon now. |
| Stephanie V. | Kabil A. | Power 9-9-9 | Energy Drink | Mark: Power 9-1-1
Goods/services: Energy drink. Business activities and/or locations: Available at all 7-Eleven stores in the states of Florida, Georgia, South Carolina, North Carolina, Virginia, West Virginia, and Pennsylvania. Coming soon to Alaska. Headquarters in Savannah, GA. |
Posted Nov. 30, 2019