1. ElvisPresley Enterprises, Inc. (EPE) owns all the trademarks of theElvisPresley estate. None of these marks is registered for use in the restaurant business. Barry Capece registered "The VelvetElvis" as a services mark for a restaurant and tavern in the U.S. Trademark and Patent Office. Capece opened a nightclub called "The VelvetElvis" with a menu, dcor, advertising, and promotional events that evokedElvisPresley and his music. EPE filed suit in a federal district court against Capece and others, claiming, among other things, that "The VelvetElvis" service mark infringed on EPE's trademarks. During the trial, witnesses testified that they thought the bar was associated withElvisPresley. Should Capece be ordered to stop using "The VelvetElvis" mark? Why or why not? [ElvisPresley Enterprises, Inc. v. Capece, 141 F.3d 188 (5^thCir. 1998)] Has Elvis been spotted again?

2. Professor Wise is teaching a summer seminar in business torts at State University. Several times during the course, he makes copies of relevant sections from business law texts and distributes them to his students. Wise does not realize that the daughter of one of the textbook authors is a member of his seminar. She tells her father about Wise's copying activities, which have taken place without her father's or his publisher's permission. Her father sues Wise for copyright infringement. Wise claims protection under the fair use doctrine. Who will prevail? Explain. (See Copyrights.)

3. SilverEdge Systems Software hired Catherine Conrad to perform a singing telegram. SilverEdge arranged for James Bendewald to record Conrad's performance of her copyrighted song to post on the company's Web site. Conrad agreed to wear a microphone to assist in the recording, told Bendewald what to film, and asked for an additional fee only if SilverEdge used the video for a commercial purpose. Later, the company chose to post a video of a different performer's singing telegram instead. Conrad filed a suit in a federal district court against SilverEdge and Bendewald for copyright infringement. Are the defendants liable? Explain. [Conrad v. Bendewald, 2013 WL 310194 (7th Cir. 2013)] (See Copyrights.)