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Ch. 6-Trademark Infringement. Alpha Software, Inc., announced a new computer operating system to be marketed under the name McSoftware. McDonald's Corp. wrote Alpha a
Ch. 6-Trademark Infringement. Alpha Software, Inc., announced a new computer operating system to be marketed under the name McSoftware. McDonald's Corp. wrote Alpha a letter stating that the use of this name infringed on the McDonald's family of trademarks characterized by the prefix "Mc" attached to a generic term. Alpha claimed that "Mc" had come into generic use as a prefix and therefore McDonald's had no trademark rights to the prefix itself. Alpha filed an action seeking a judgment from the court that the mark McSoftware did not infringe on McDonald's federally registered trademarks or its common law rights to the marks and that its use would not constitute an unfair trade practice. What factors must the court consider in deciding this issue? What will be the probable outcome of the case? Explain. (See Trademarks and Related Property.) Ch. 7-Theft. The head of CompTac's accounting department, Roy Olson, has to pay his daughter's college tuition within a week or his daughter will not be able to continue taking classes. The payment due is more than $20,000. Roy would be able to make the payment in two months but cannot do so until then. The college refuses to wait that long. In desperation, Roy through a fictitious bank account and some clever accounting "borrows" funds from CompTac. Before Roy can pay back the borrowed funds, an auditor discovers what Roy did. CompTac's president alleges that Roy has "stolen" company funds and informs the police of the theft. Has Roy committed a crime? If so, what crime did he commit? Explain. (See Crimes Affecting Business.)
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