Does the intent of the user make a difference?

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Please answer the following questions in 300 words or more. Place the essay answer in the submission box as a single Word Doc.

A trademark is a type of intellectual property which protects the “mark” of the owner. The legal definition is: “A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others.” (United States Patent and Trademark Office). Trademarks such as Coca-Cola, Apple, and BMW are some of the most recognized in the world and are worth billions of dollars each. But certain marks cannot be registered, such as words, phrases, or symbols which are derogatory, racist, or inflammatory. Below is a case regarding the ability of a music group who were denied the rights to trademark their band, “The Slants”, in reference to Asian-Americans.

Describe briefly the facts of the case, the issues addressed by the Court, and the findings of the Court. What does a ruling like this mean for organizations using names affiliated with certain groups, namely Native Americans. The Cleveland Indians, Florida State Seminoles, and Kansas City Chiefs are examples. But what about the NFL’s Washington Redskins? What would the Court find regarding the use of that name? Does the intent of the user make a difference?

Keep the following in mind when drafting your essay:

1) When addressing legal opinions, use the IRAC method. IRAC stands for Issue, Rules, Analysis (sometimes referred to as application), Conclusion. Discussing an opinion using an IRAC will ensure that you address the relevant aspects of each opinion.

2) Write the essay in a manner where it is clear you understand the concept. Repeating concepts from the text does not illustrate to me that you understand the material. The best essays will include an example or illustration of the concept discussed.

3) NO PLAGIARISM! Remember that, even when discussing case law or information from the text book, you must quote and cite any material taken directly from the case. As a general rule, keep quotations to 10% or less and paraphrase all other relevant information.

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