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Paul is the owner of a newly-opened theme park. A rival theme park named Sunny Universe has accused ...

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Paul is the owner of a newly-opened theme park. A rival theme park named Sunny Universe has accused ...

Paul is the owner of a newly-opened theme park. A rival theme park named Sunny Universe has accused Paul of copying its theme and filed a trade-dress infringement suit against Paul. Which of the following should Sunny Universe prove in order to win the case?
A) Sunny Universe's theme has been registered with the Patent Office under the Lanham Act of 1947.
B) Sunny Universe's theme is primarily functional.
C) The theme adopted by Sunny Universe is inherently distinct and has acquired a secondary meaning.
D) The theme adopted by Paul's theme park is unlikely to create confusion among customers.

Textbook

The Legal Environment of Business

Edition: 7^th

Authors: Kubasek, Brennan, Browne

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