Objective:You will demonstrate your in-depth knowledge of various IP topics. You are not required to do any outside research and should stay focused on the factual summary provided to you.

Assignment: You are a paralegal in the General Counsel's office of a large consumer beverage company. Your supervising attorney focuses on IP law issues in the company. The GC usually hires outside counsel for IP matters. However, the initial intake and preliminary analysis is always done in-house to save money. The New Concepts business unit is about to launch a new product, BrevGO. They forgot to ask legal to review their materials, but just now submitted a ticket to review their promotional webpage mock-up (not yet published online). The GC intake team summarizes the facts for you below:

The website includes several images of busy professionals drinking from a sleek-shaped bottle that is wrapped in a textured fabric (a clever summer intern used AI to create the images). The design of the fabric wrapping the bottle is brown, tan, and beige and almost looks like the ultra-luxury luggage and bags that some people carry. Marketing is, in fact, focusing on this segment of young professionals who are not afraid to spend money to make their life "convenient, modern, and ultra-luxurious."

The webpage mock-up contains various headings that are followed by short paragraphs. It includes philosophical messages about the importance of valuing the short time we have and focusing on our career, adventures, and other thrilling aspects of life. The bottles in the images prominently have "BrevGO" embossed on their exterior fabric. The webpage mockup also prominently displays at the top of the page a stylized and oversized design of a kale life that is glowing like neon light as a logo.

The idea is that customers have a beverage to-go on their way to work. The website includes a list of ingredients including: "pured kale emulsion, revitalized bagel crumbs, lemon-esq flavoring, and concentrated sweet maize essence." It concludes by saying, only BrevGO will give you a serving of healthy greens and an injection of energy to help you sail through meetings and spreadsheets at your busy job. The product is not yet sold, but will be launched concurrently with the webpage in the next six months. If it's successful, they are also considering making lunch bags that have the same textured fabric for people to carry their bottles to work.

Your supervising attorney wants a preliminary analysis from you addressed to her, focusing on the following potential issues that she sees: what aspects of the webpage would get copyright protection, whether the BrevGO name and stylized kale logo design qualify as a trademark under Lanham Act. Furthermore, whether the office will be able to register the copyright and trademark. You can also briefly analyze issues related to dilution or false advertising, but the attorney wants you to devote most of your time to the key copyright and trademark concerns.