Question
Matt creates a small doughnut shop called DoGos. He uses the term DoGo surrounded by three concentric blue circles on all packaging. He starts selling
Matt creates a small doughnut shop called DoGos. He uses the term DoGo surrounded by three concentric blue circles on all packaging. He starts selling his specialty DoGo doughnuts in local grocery stores, and soon develops a strong customer base. He never sells his doughnuts outside of Ohio. After five years of increasing business, he notices a sudden drop-off in sales. He soon discovers that a competitor is producing a similar product, but at a lower price, and packaged in almost identical packaging, but with the name DoGoos inside the three concentric blue circles. Matt finds out who the producer is and sends him a request that he change his product name and packaging. Simon, the producer of DoGoos and who is located and sells in the state of Ohio, refuses, saying that because Matt has no trademark, his signature name packaging has no protection. Explain why Simon either is or is not correct. If Simon is located and sells his product outside of Ohio, is there a different result?
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