ETH 321 OUTLET Imagine Your Future /eth321outlet.com ETH 321 OUTLET Imagine Your Future /eth321outlet. | Page 14

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.
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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.