ASSIGNMENT FOR UNIT 5: COPYRIGHT AND TRADEMARK

Assume the following facts: You are the Assistant to the General Manager of South Florida Sports Holdings, Inc., the holding company of the former Florida Fanfare, an Arena Football League team that played its games last year at the BB&T Center in Sunrise. Attendance was pretty solid at the BB&T Center – last season, the Fanfare drew a total season paid attendance of 64,498 fans, an average of around 3,000 fans per game. Though it has had some success, the team wants an entirely new marketing hook.

The team is relocating to the on-campus arena at Florida Atlantic University in Boca Raton for this coming season and wants a new image.

Write a memo to the general manager, Mr. Aaron Judge, with the following:

(1) Select a new name for the club.

(2) Conduct a trademark search for the club name via the U.S. Patent and Trademark Office’s Trademark Electronic Search System (or “TESS”). Go to: http://tmsearch.uspto.gov and click on “Basic Word Mark Search (New User)”). Copy and paste the results of the search.

(3) Conduct searches for the club name – and similar names — via Internet search engines (such as Google).

(4) Write the memo with your chosen name, the reasons for your chosen name, the results of your trademark search and — if there are any names which come close to your chosen name either on TESS or the Internet search – an explanation as to why there would not be any possible trademark violation or consumer confusion (go through each of the elements of the consumer confusion test) by using your selected club name. Be sure to copy the entire search results page and paste them into the body of your word document that you submit as your paper. Simply highlight any letter on the results page, click “Edit/Select All” and then copy and paste.

(5) The team wants to play some high-energy music in the stadium, but the general manager of the team wants to try to save money by playing the music without paying a royalty or obtaining a license. In your memo, explain the basics of copyright and why the use of the music in this manner either is, or is not, fair use and thus why the fee must be paid. Be sure to go through the full four-part fair use test.

You shall be graded pursuant to the rubric below. The report must be between 500-750 words and is to be submitted in typed, double-spaced form. This project is 15% (15/100) of your overall grade.

The professor gave me 35 out of 100, this was his feedback:

Try again. (1) Give the new team name. (2) Copy and paste the results of your TESS search. (3) Define trademark. (4) Define and apply the 8-part consumer confusion test. (5) Define copyright. (6) Define and apply the 4-part fair use test.

please fix it asap. very important