{"id":426124,"date":"2018-09-15T21:57:21","date_gmt":"2018-09-15T21:57:21","guid":{"rendered":"https:\/\/acemystudy.com\/?p=2571"},"modified":"2018-10-24T08:58:15","modified_gmt":"2018-10-24T08:58:15","slug":"fish-fri-vs-chick-fri-essay","status":"publish","type":"post","link":"https:\/\/www.benedictsol.com\/blogs\/fish-fri-vs-chick-fri-essay\/","title":{"rendered":"&#8220;Fish Fri&#8221; vs &#8220;Chick Fri&#8221; Essay"},"content":{"rendered":"<p>Please use the following very simple template for doing your case analysis<\/p>\n<p>Fact: You can present any five numbers between 0 and 10 to represent a set of facts: 3, 2, 9, 6, 4<\/p>\n<p>Issue: Whether the number 2 is greater than 9 (2 &gt; 9)?<\/p>\n<p>Rule\/Law: A prescribed mathematical method for performing a calculation or solving a problem.<\/p>\n<p>Analysis: because of 3 &gt; 2, therefore 2 &lt; 3, \u2026. etc. 2 &lt; 3 &lt; 4 &lt; 6 &lt; 9, therefore 2 &lt; 9<\/p>\n<p>Conclusion: the number 2 is not greater than 9, you have answered the issue statement by rejection.<\/p>\n<p>Common Mistakes:<\/p>\n<p>In fact section: to present too many facts that are irrelevant, or assume something that is not qualified as a fact, e.g., \u201cI think there should be a number of 20 there or there should be a B letter there, etc.<\/p>\n<p>In issue section: to formulate an issue that cannot be answered, or to specify the scope of an issue either too narrow or tangential, or fail to see an issue at a conceptual level, etc.<\/p>\n<p>In rule\/law section: to put some conflicting laws, or to use a non-applicable law, or to conduct analysis here.<\/p>\n<p>In analysis section: to add something that has not been introduced in fact, issue-statement, and\/or law sections, to use your own standard in analysis, e.g., to say something wrong or right, whether to be wrong or right is relative.<\/p>\n<p>&#8220;Fish Fri&#8221; vs &#8220;Chick Fri&#8221;<\/p>\n<p>Background info: Zatarain&#8217;s, Inc started a product named &#8220;Fish Fri&#8221; many years ago. Another company imitated with a similar product named &#8220;Chick Fri&#8221; afterwards. Zatarain&#8217;s, Inc sued and won. Now it owns both trademarks of &#8220;Fish Fri&#8221; and &#8220;Chick Fri&#8221;. Many years after, the similar issue repeated again. The company sued again, and here is the case brief: Zatarain\u2019s, Inc. v. Oak Grove Smokehouse, Inc (Links to an external site.)Links to an external site.. Please read the case brief and try to learn the following:<\/p>\n<ol>\n<li>Product naming rule: It is on a sliding scale from generic, descriptive, suggestive, to arbitrary\/fanciful. Very often, two products&#8217; substantiveness are quite similar to each other (i.e., fungible in product&#8217;s attributes, features, and functionalities), but their trademarks must be made different. Court only protects the one that first came out and is considered to have a &#8220;secondary meaning&#8221; as perceived in marketplace (i.e., a stronger and wider &#8220;brand&#8221; effect) on being descriptive, perhaps on being suggestive as well, but never on being generic. This is why when someone wanted an &#8220;Aspirin,&#8221; and she really means a pill (e.g., a Tylenol) for her headache, because Aspirin has transformed to become a generic name to mean all the pills that can cure a headache.<\/li>\n<\/ol>\n<p>2. Be knowledgeable of what can be protected by law, and what does not have a legal protection when you deals with the issues of product development in doing business<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Please use the following very simple template for doing your case analysis Fact: You can present any five numbers between 0 and 10 to represent a set of facts: 3, 2, 9, 6, 4 Issue: Whether the number 2 is <a href=\"https:\/\/www.benedictsol.com\/blogs\/fish-fri-vs-chick-fri-essay\/\" class=\"read-more\">Read More &#8230;<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-426124","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/www.benedictsol.com\/blogs\/wp-json\/wp\/v2\/posts\/426124","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.benedictsol.com\/blogs\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.benedictsol.com\/blogs\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.benedictsol.com\/blogs\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.benedictsol.com\/blogs\/wp-json\/wp\/v2\/comments?post=426124"}],"version-history":[{"count":0,"href":"https:\/\/www.benedictsol.com\/blogs\/wp-json\/wp\/v2\/posts\/426124\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.benedictsol.com\/blogs\/wp-json\/wp\/v2\/media?parent=426124"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.benedictsol.com\/blogs\/wp-json\/wp\/v2\/categories?post=426124"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.benedictsol.com\/blogs\/wp-json\/wp\/v2\/tags?post=426124"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}