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

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