Question
Taste of Rome is a national restaurant franchise featuringhealthy pasta dishes sold in a fast-food format. To emphasize theappetizing and nutritious nature of Taste of
Taste of Rome is a national restaurant franchise featuringhealthy pasta dishes sold in a “fast-food” format. To emphasize theappetizing and nutritious nature of Taste of Rome’s food, one ofits franchisees, Tasty Koncepts, developed the slogan GOOD TO EAT.GOOD FOR YOU! In 2003 and used this slogan in print advertisingthroughout south Florida, where Tasty Koncepts owned 15restaurants. Each of the print ads featured families enjoying Tasteof Rom’s fare and discussing its beneficial qualities. TastyKoncepts’ franchise agreement expired at the end of 2008. Soonthereafter, Taste of Rome began to use the slogan GOOD TO EAT ANDGOOD FOR YOU in its television advertising, which called attentionto the nutritional value of its food. Some of the ads depictedhealth experts touting Taste of Rome’s low-calorie meals, whileothers featured mock “interviews” with mothers and fathersexpressing their appreciation for Taste of Rome’s flavorful dishesand relative lack of fat and cholesterol. Tasty Koncepts’franchise agreement with Taste of Rome provided that any and allmarks developed by the franchisee were to be assigned to thefranchisor; however, the agreement also provided that TastyKoncepts would retain the copyrights to the advertising materialsit created. When Tasty Koncepts learned about Taste of Rome’s GOODTO EAT AND GOOD FOR YOU campaign, it filed suit for copyrightinfringement. Does it have a meritorious claim based on the factsabove? What facts might it need to develop in order to strengthen aclaim for copyright infringement? You may want to refer to PinnaclePizza Co., Inc. v. Little Caesar Enters., Inc. case to answer thesequestions.
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