• Hobart can defend that Hillward created something that lacks utility a nd cannot be trademarked . =================================================== ETH 321 Final Exam Guide
Hillward Bakers has been using a blue HB logo with a baker ’ s hat on t he HB since their inception ten years ago . Hobart Bakers , a newly ope ned bakery and confectionary chain , has used the same logo . Hillward has not registered its logo , but it chooses to sue Hobart anyway . Whic h of the following is true of this case ?
• Hillward can sue Hobart since the logo has been used by Hillward and is associated with it .
• Hillward cannot sue Hobart because logos cannot be patented or trade marked .
• Hillward cannot sue Hobart since the logo has not been registered as a trademark .
• Hobart can defend that Hillward created something that lacks utility a nd cannot be trademarked . =================================================== ETH 321 Final Exam Guide
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1- Applying the parole evidence rule
• a written contract is the final expression of the party ' s agreement and may not be contradicted by oral or written agreements made prior to th e writing .
• oral agreements may be used to change a final written contract if the f inal written contract isn ' t exactly conforming to the precontract agreements .