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In the image below the national brand is shown in the top left, and three store brand equivalents are shown in the other three corners.

In the image below the national brand is shown in the top left, and three store brand equivalents are shown in the other three corners.


1. )Given the standard described in theConopcocase, which asks whether the store brand "packaging is clearly labelled and differentiated" with the store's own marks, do you think any of these three store brand packages are infringing? Why or why not?


2.) In the actual case, the court found that one of the three was infringing, and the other two were not. Whether or not you came to that conclusion (and without looking it up!), which of the three do you think was the infringing one?

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