Discussion Topic: Slogans and Trade Dress Infringement

Throughout this course, many discussion opportunities come up where you need to respond to other people's opinions and comments. Then, respond to your Discussion topic after you have completed your Reading.

As you know, CARDWARE likes to delve into clothing styles for a wide target audience. Recently, it came up with a name for its slogan which CARDWARE has placed on the right front of its jersey sweaters. It also has a boomerang symbol with the words, "Just Use It." underneath it. The well-known athletic clothing manufacturer Nike® found out about the Cardigans use of a slogan they claim is similar to their own and now want to bring a lawsuit against CARDWARE Inc. Discuss whether or not Nike has a case. Be sure to discuss the principals associated with trademark infringement and give your opinion whether or not you think the two slogans are confusingly similar or not.

HINT: Place phrase words such as "Famous Legal Trade Dress" and "Slogan Infringement " into your search engine for cases that may be similar so that you may help engage your peers in a lively discussion.

Toys and their small parts have always been a point of contention and a parents' nightmare. On the one hand manufacturers of these toys might argue that parents assume the risk that a child will put a toy albeit big or small into his/her mouth because kids do put things in their mouths. However, if a toy is inherently dangerous by virtue of its small size, manufacturers should post clear, conspicuous warnings on their packaging. Despite this warning however, consumers do not read them. How might we get the point across to the consumer other than warnings on the package?