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Using: Learning Curve Toys v. PlayWood Toys 342 F.3d 714 (7th Cir. 2003) Pioneer Hi-Bred Intern. v. Holden Foundation Seeds, Inc., 35 F.3d 1226 (1994)

Using:

Learning Curve Toys v. PlayWood Toys 342 F.3d 714 (7th Cir. 2003)

Pioneer Hi-Bred Intern. v. Holden Foundation Seeds, Inc., 35 F.3d 1226 (1994)

  1. How would you try to calculate Playwood's lost profits?
    1. Consider Pioneer v. Holden
      1. How does Learning Curve v. Playwood differ from Pioneer in ways that favor or disfavor a claim of lost profits?
      2. How are the cases the same in ways that favor or disfavor a claim of lost profits?
  2. How would you try to calculate Learning Curve's "unjust enrichment"?
    1. Consider the Pebble Beach factors - replace "intent to confuse" with "intent to misappropriate"
    2. Palming off won't be at issue - Learning Curve isn't pretending to be Playwood or copying its trademarks
  3. How would you calculate a reasonable royalty in this case?
    1. Here you will have to use your imagination
    2. What would you look for to show the court what a reasonable royalty should look like?

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