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Candace and Jonathan Merkel own a fashion and novelty t-shirt company by the name ofLove Buttercup. Their clothing products range from shirts, to pajamas, to
Candace and Jonathan Merkel own a fashion and novelty t-shirt company by the name ofLove Buttercup. Their clothing products range from shirts, to pajamas, to leisure wear and are popular in the United States for their bright designs and uplifting messages. Love Buttercup has been a registered trademark since 2000 and all renewals are up to date at the United States Patent and Trademark Office. The trademark is owned by the Merkels. While shopping online, Candace came across a company calledSuck it Up Buttercupthat sold brightly colored t-shirts with crass messages on them. The floral patterns and color schemes were extremely similar to theLove Buttercup brand that is now easily recognizable throughout the United States. If the Merkels sue the offending t-shirt company, what would be the most appropriate legal argument to make? Is there a specific federal statute that provides the greatest protection in his situation
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