1. Select one case from Chapter 10 or Chapter 11 in Legal Aspects of Managing Technology and describe what it teaches us about protection of trademarks. Are there any unsettled issues remaining in this case? Do you think the decision was the correct one? Why or why not?

2. How does categorizing marks as generic, distinctive or descriptive and product features as utilitarian or aesthetic further the underlying goals of trademark law? How will this impact your selection of a trademark or service mark? If you were designing a mark for a client, what advice would you provide?

3. Do you agree with the factors for determining the likelihood of confusion as defined in the AMF Incorporated v. Sleekcraft Boats case? Are there other factors that should be considered? How do these factors compare with those used to determine the fame of a mark in a trademark dilution case? What are some of the issues with permitting too broad an interpretation of trademark dilution?

4. Discuss the unique issues with protecting trademarks on an international level. Which of the laws and agreements do you find most interesting and helpful? Do you see the problem of gray market goods becoming more or less of a problem?

5. Were you aware of the problem of cybersquatting? If so, do you think the ACPA goes far enough to address this?

6. What are some of the issues when thinking about domain names in the trademark context? In addition to the initiatives mentioned on pages 397-404, what else could be done to improve the system of registering and protecting domain names? How do some of the trademark issues with domain names and websites impinge upon free speech? Upon the rights of consumers to express their satisfaction or dissatisfaction with a company's products or policies? Upon the ways that technology can be used to provide targeted marketing to potential consumers?