Rainbow School, Inc., has run a child-care facility in Fayetteville, North Carolina, for more than twenty years.
Question:
Rainbow School, Inc., has run a child-care facility in Fayetteville, North Carolina, for more than twenty years. In addition to using the word “rainbow” in its name, the school uses rainbow imagery on its logo. Rainbow Early Education Holding, LLC, operates child-care facilities in several states. Early Education opened a branch in Fayetteville near the Rainbow School under the name “Rainbow Child Care Center,” which also used rainbow imagery on its logo. The school filed a suit in a federal district court against Early Education, alleging a violation of the Lanham Act. The parties entered into a settlement agreement that required Early Education to stop using the word “rainbow” in connection with its Fayetteville facility. The court issued an injunction to enforce the agreement. Nevertheless, Early Education continued to use the word “rainbow” in domain names, links, and meta tags associated with its Fayetteville facility’s website. Rainbow School imagery was used in a mailer inviting residents to the “nearest Rainbow Child Care Center.” Did Early Education violate the Lanham Act? Explain. [Rainbow School, Inc. v. Rainbow Early Education Holding, LLC, 887 F.3d 610 (4th Cir. 2018)] (See Advertising, Marketing, and Sales.)
Step by Step Answer:
Business Law Text And Cases
ISBN: 9780357129630
15th Edition
Authors: Kenneth W. Clarkson, Roger LeRoy Miller