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Facts. Trademark Infringement. Elvis Presley Enterprises, Inc. (EPE), owned all of the trademarks of the Elvis Presley estate. None of these marks was registered for

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Facts. Trademark Infringement. Elvis Presley Enterprises, Inc. (EPE), owned all of the trademarks of the Elvis Presley estate. None of these marks was registered for use in the restaurant business. Barry Capece registered "The Velvet Elvis" as a service mark for a restaurant and tavern with the U.S. Patent and Trademark Office. Capece opened a nightclub called "The Velvet Elvis" with a menu, decor, advertising, and promotional events that evoked Elvis Presley and his music. EPE filed a suit in a federal district court against Capece and others, claiming, among other things, that "The Velvet Elvis" service mark infringed on EPE's trademarks. During the trial, witnesses testified that they thought the bar was associated with Elvis Presley. 6. Provide the five factors for the confusingly similar test from the Lanham Act. (5 points) 7. Provide the four factors for trademark dilution under the Federal Trademark Dilution Act. (4 points) 06-2023 8. Under the confusingly similar test is this likely trademark infringement? (Yes or No) (1 point) Why? (5 points) 9. Under trademark dilution is this likely trademark infringement? (Yes or No) ( 1 point) Why? (5 points) 10.Is the court likely to order Capece to stop using the mark? (Yes or No) (5 points) me at the beginning of your assignment. Assignments without names at

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