Answered step by step
Verified Expert Solution
Question
1 Approved Answer
Brick is a local TV news reporter. He is much beloved in the community and has become known for his catchphrase, I am polite and
Brick is a local TV news reporter. He is much beloved in the community and has become known for his catchphrase, "I am polite and I am rarely late.Brian is a competing local TV news reporter, who broadcasts in the same time slot as Brick.Brian starts using the catchphrase, "I am nice and usually on time."Brick files a lawsuit against Brian alleging trademark infringement. In order to properly plead a claim of trademark infringement, a litigant must show that the accused used, without permission, some or all of the plaintiff's trademark and that the unauthorized use is likely to cause consumer confusion about the origin of the good or service.Brick's complaint is pages long and includes an extensive discussion of the ways in whichBrian's catchphrase is overly similar to Brick's. At no point, however, does the complaint claim that Brick's catchphrase is a trademarkAfter receiving and reviewing the complaint, Brian's lawyer believes she can dispose of the lawsuit with a motion to dismiss for: Judgement on the pleadings.
Improper venue.
failure to state a claim upon which reliet can be granted.
Lack of jurisdiction
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started