Discussion Question 1: Rosy’s Instructional Method

Rosy developed a particular kind of instructional method for exceptional kids, which she adapted from a variety of popular and well-known forms. She would like to patent her instructional form. Rosy wants to trademark her instructional method because she has noticed several teaching studios using variations of the wording she uses to describe her method though the class they are teaching is totally different.

On the basis of the above information, answer the following questions:

  • What advice can your firm give Rosy?
  • Can she trademark the method? Why or why not?
  • Can she do anything about the teaching studios that are using variations of her wording?

Provide a well-reasoned answer. Support you answer with relevant case law or statute.

Discussion Question 2: Handy Wheels and the Patent Issues

Handy Wheels is a small wheelchair manufacturer who designs and manufactures custom manual wheelchairs for active people with disabilities. One of its new designs uses a suspension system to create a smoother ride over rough terrain. Another wheelchair organization creates a chair with a virtually identical suspension system though the chair itself is not identical.

Assume Handy Wheels owns the patent on the suspension and answer the following questions:

  • What course of action would it have against the competitor?
  • What remedies are available?
  • What defenses might the competitor assert?
  • What if Handy Wheels was in the process of applying for the patent but had not done it yet? Does that change the outcome?

Discuss your answer with appropriate reasoning.

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