State the names of the plaintiff and defendant

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Reference no: EM133815062

Chapter 9 Intellectual Property

Case Study 9.3: Lyons Partnership v. Giannoulas, 179 F.3d 384 (5th Cir. 1999)

1. State the names of the plaintiff and defendant, the volume number, page number and name of the reporter, and the court that decided the case.

2. Describe the facts of the case.

3. What was the cause of action?

4. What was the court's disposition of the case?

5. What was the defendant's purpose in using the Barney-like character in his act?

6. What was the nature of trademark confusion regarding the defendant's act?

7. What is a parody? Why is a parody viewed differently in trademark cases?

8. What was the appellate court's rationale in determining that the defendant's actions were a parody?

9. What are the "digits of confusion"? How are these digits used in a trademark case? How does a parody relate to the digits of confusion?

10. Why is a strong mark not as relevant a factor when the use is a parody?

11. What important insight can be learned from this case to reduce its likelihood of reoccurrence?

Reference no: EM133815062

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