Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Haydel enterprises owned and operated a bakery in New Orleans, Louisiana, selling pastries such as Mardi Gras king cakes. Haydel asked an artist to design

Haydel enterprises owned and operated a bakery in New Orleans, Louisiana, selling pastries such as Mardi Gras king cakes. Haydel asked an artist to design a bead dog to replicate the dogs made out of beads thrown at Mardi Gras celebrations. Haydel registered the words MarDi Gras BeaD DOG and the bead dog design as trademarks covering items such as king cake pastries, jewelry, and clothing. Over a six-year period, Haydel sold about 80 clothing items and 300 jewelry items featuring bead dogs, plus an unidentified number of king cakes with bead dogs. One magazine article featur- ing Haydels products called bead dogs an iconic Mardi Gras symbol. Three years after Haydel reg- istered the bead dog trademarks, raquel Duarte began selling jewelry featuring bead dogs. Duarte filed a lawsuit against Haydel in which she asked the court to declare that she was not breaking any trademark law by selling the bead dog jewelry and requested Haydels trademarks be canceled. Duarte argued that Haydels trademarks were descriptive in nature and had not acquired distinctive- ness whereby customers associated the trademarks with Haydels goods. was Duarte correct?

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image_2

Step: 3

blur-text-image_3

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Managerial Accounting

Authors: James Jiambalvo

4th edition

9780470546888, 9780470333341, 470546883, 470333340, 978-0470578797

More Books

Students also viewed these Accounting questions