1. Explain whether each of the following marks would be considered fanciful, arbitrary, suggestive, or descriptive and why:
2. Zodiac boats (product is a rugged inflatable boat)
3. Ziploc plastic bags (resealable bag with zipper function)
4. Greyhound (intercity bus)
5. Oreo (crme filled cookie wafer)
6. KitchenAid (kitchen appliances)
7. American Airlines (U.S. based airline)

2. Note: This court case has been heavily edited to make it easier to read. Only the sections relevant to this lesson have been included.

MASTERCARD INTERNATIONAL INCORPORATED, v. NADER 2000 PRIMARY COMMITTEE, INC., NADER 2000 GENERAL COMMITTEE, INC., and RALPH NADER, Defendants.

00 Civ. 6068 (GBD)

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK

2004 U.S. Dist. LEXIS 3644; 70 U.S.P.Q.2D (BNA) 1046; Copy. L. Rep. (CCH) P28,781

March 8, 2004, Decided

March 8, 2004, Filed

OPINION

MEMORANDUM OPINION AND ORDER

Before you read the case study and answer the questions, please watch the following commercials:

Mastercard Commercial: https://youtu.be/sDf751c1yiA?si=-RTlGBW3qtFb23Sv

Ralph Nader Commercial: https://youtu.be/mJOuPZKAspQ?si=V0-DnLYZo_NRwY2u

Questions

Answer the following questions. Please number your answers.

1. What was Mastercard's primary concern regarding "misrepresentation" by the Nader commercial?
2. To win a trademark infringement case, the plaintiff must demonstrate a likelihood of consumer confusion. The court discussed eight factors that are weighed to determine confusion. Explain the eight factors and the court's analysis of each factor.
3. Why did the court reject Mastercard's evidence that there was actual consumer confusion?
4. According to the court, if a survey showed that 7% of consumers were confused, would that be enough evidence to prove actual confusion?