• Hobart can defend that Hillward created something that lacks utility a nd cannot be trademarked. =================================================== ETH 321 Final Exam Guide
• The court will determine a reasonable price to be paid by Hanna.
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.