Question
Bob is a restaurant entrepreneur and an avid Civil War buff. Over the years, Bob has collected a treasure trove of Civil War memorabilia, and
Bob is a restaurant entrepreneur and an avid Civil War buff. Over the years, Bob 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." Bob 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.
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.
Who wins and why?
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