Question
Draft a response (fiur pages Max.) to the Office Action discussed and provided in the PRACTICAL section of this exam. Be sure to structure arguments
Draft a response (fiur pages Max.) to the Office Action discussed and provided in the PRACTICAL section of this exam. Be sure to structure arguments using IRAC or ICRAC form and use the relevant DuPont Factors being sure to avoid combining DuPont Factors (remember that the argument may be similar, but the factor is independent). Some relevant information you can ASSUME and may be helpful is provided below: 1) Our Client's website is www.caligirlcosmetics.com, this is a live site (DO NOT CONTACT THE CLIENT) 2) Going forward the client will expressly only sell products that are $125 and up and will ONLY SELL to professional cosmetologists licensed by their respective states. 3) The client DOES NOT SELL or EVER INTEND TO SELL any items other than brushes or professional cosmetics (available for purchase by licensed cosmetologists only) 4) A LICENSE will be required in order to purchase the client's products. 5) The registrant of the mark Caligirl Cocktail has not renewed their registration and it has been more than 6.5 years since the mark registered. 6) ASSUME we have evidence (call it exhibit A) of a business plan from California Girl that shows they NEVER intend to manufacture cosmetics brushes. 7) ASSUME that we have evidence (Call it Exhibit B) that California Girl will only sell online and in retail establishments to the general public for a price point no higher than $25/item. 8) Assume that we can assert by affidavit that no actual confusion has ever taken place in the 2+ year that both companies have been around selling their products. The DuPont Factors, not including the "other relevant facts" factor are: Similarity of Marks Similarity of Goods Similarity of Trade Channels Sale Type (impulse/considered) Fame of the Marks Other Similar Marks Actual Confusion Concurrent Use? Variety of Uses of Marks Market Interface How Strong Is Right to Exclude Potential Confusio
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