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A​‌‍‍‍‌‍‌‍‍‍‌‌‌‍‌‌‌‌‌‌​ssignment overview The purpose of this assignment is to a

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A​‌‍‍‍‌‍‌‍‍‍‌‌‌‍‌‌‌‌‌‌​ssignment overview
The purpose of this assignment is to allow you to gain a more comprehensive understanding of how psychological theories, models and research may be applied to a forensic situation by allowing you to propose a legally-relevant and psychologically-based response to a request for service from an attorney. It is important to note that this assignment requires you to develop a proposal and does not include any actual data collection. In other words, the assignment should reflect exactly what you would propose to do and why. Please note: You are NOT to actually conduct any segment of this assignment. This is simply a proposal.
Assignment background information
Mr Jones is a local attorney representing Arnott’s Biscuits who produces TIM TAM and they have launched a civil lawsuit claiming trademark infringement against the Plainfield Bakery Company on the basis that their new product called ‘TAMS TIMS’ is unfairly profiting from the popularity of Arnott’s Biscuits product (TIM TAM) due to consumer confusion. The product is only available in the greater Melbourne area (CBD and surrounding suburbs). Plainfield Bakery Company is arguing that it is unlikely consumers would be confused because the package is different as well as the shape of the biscuits (they are shaped like little men—named Tim!).
Mr Jones has contacted you and asked you to prepare a proposal that will demonstrate:
that you understand the legal issue at hand
that you have an understanding of the relevant legal definitions and evidence related to the issue at hand
that there is a relevant psychological theory or model that relates and may provide adjudicative fact (evidence) to assist with the case
how you would provide evidence that would assist him with his case (based on previous appellate cases).
In order to assist Mr Jones, your proposal must include the following sections. Please use the same headings within the assignment
Introduction
This section should clearly demonstrate your understanding of the task that Mr Jones has set for you. It should identify the issue at hand and include a review of the relevant case facts (adjudicative facts) as well as identifying the overarching legal and psychological areas that are the basis for the paper.
Legal background
This section should clearly demonstrate that you understand the main legal issu​‌‍‍‍‌‍‌‍‍‍‌‌‌‍‌‌‌‌‌‌​es related to the case, specifically through the following sub-sections:
the legal definition of trademark infringement
the legal definition of consumer confusion
how this case meets the legal aspects of the tort liability model
referencing of legal guidance (cases) as to how the issue of consumer confusion may be presented through psychological evidence (e.g. surveys, polls, expert evidence).
Psychological background
This section should clearly demonstrate an understanding of how cognitive psychology relates to the issue of trademark infringement, especially with regard to consumer confusion. You should provide a brief overview of how cognitive psychology is an inherent part of consumer confusion and identify a specific cognitive theory or model that is directly related to this case by demonstrating an understanding of the application to the facts of the case (do not simply cite psychological articles on consumer confusion).
Description of consumer confusion survey
This section should include the following:
Component 1 (Sampling and selection): a description of who the evidence will be gathered from (i.e. participants) and how this sample reflects the information presented in the required assignment readings as well as a description of the procedure you will use for gathering the data (i.e. methods) and how this procedure reflects information from the readings.
Component 2 (sample survey questions): this section will include five sample questions that would be included in the survey. There should be a brief description after each question indicating how the question relates to any legal aspect of the project.
The following resources will assist in completing the essay:
https://scholar.google.com/scholar_case?case=16426608500613527869&q=Amstar+Corp.+v.+Domino%27s+Pizza,&hl=en&as_sdt=2006
https://swinburneonline.instructure.com/courses/3802/assignments/35654
https://swinburneonline.instructure.com/courses/3802/assignments/35654
https://scholar.google.com/scholar_case?case=4918824788186155852&q=Processed+Plastic+Co.+v.,+Warner+Communications&hl=en&as_sdt=2006
https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2018/2018fca1045
https://scholar.google.com/scholar_case?case=12318803513942250935&q=Zippo+manufacturing+company+v.+Rogers+Imports,+Inc&hl=en&as_s​‌‍‍‍‌‍‌‍‍‍‌‌‌‍‌‌‌‌‌‌​dt=2006

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