Bernie Sides is a restaurant entrepreneur and an avid Civil War buff. Over the years, Bernie has collected a "treasure trove" of Civil War memorabilia, and he decides to combine his passions for restaurant ownership and Civil War history by opening a new restaurant called the "Hardtack Caf" ("hardtack" is a hard, unsalted biscuit used as a staple for Civil War army rations.) Sides has devised a logo for the restaurant, and the logo (a yellow circle with red lettering for the name of the restaurant) bears a striking resemblance to a certain "rock and roll" themed restaurant of a similar name and logo.

Upon discovering the existence of the new restaurant, attorneys for the rock and roll restaurant immediately sue, requesting 1) a temporary injunction (a court order mandating that the Hardtack Caf cease and desist from using its name and logo, pending the outcome of the litigation; 2) a permanent injunction (a court judgment that the Hardtack Caf forever cease and desist from using its name and logo;) and 3) money damages representing all profit the Hardtack Caf has earned during its existence. Use the law to support your views.

Who wins, and why?