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Bullet Inc Clothing was a line of clothing that was distinctive in that all of the clothing had a 45 caliber bullet. The company was

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"Bullet Inc" Clothing was a line of clothing that was distinctive in that all of the clothing had a 45 caliber bullet. The company was incorporated in 1994. It had several successful years, and was smart enough to register their bullet logo as a trade mark in June, 1996. However, a few years later, sales dropped and the company effectively ceased operations in 2002. All debts were paid and the company was dormant, with its only real asset being the trademark that it had to the bullet logo. In early 2012, "45 Caliber Ltd".introduced their new line of hats that had a logo that was markedly similar to the registered trade mark of "Bullet". 45 Caliber Ltd did not register the logo. Bullet Inc. was unaware of this product, but had decided, in late 2012, to send the documents to re-register their trademark, in case they decided to start up the company again. The day that they sent the documents, they found out about the logo being used by 45 Caliber Lid and contacted 45 Caliber Ltd. requesting that 45Caliber cease production of any and all products using the logo that was strikingly similar to the trademark Bullet Inc. had used in the past. 45 Caliber Ltd. refused to do so, and Bullet Inc. indicates they will sue them for trademark violation. Who will win? Fully explain your answer. (2 marks)

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