Question
Max Walker and Michael Walker both open restaurants in Nashville, Tennessee. The two brothers are renowned cooks in the area. Max opens his restaurant in
Max Walker and Michael Walker both open restaurants in Nashville, Tennessee. The two brothers are renowned cooks in the area. Max opens his restaurant in 2018 and uses the trademark "MW." Max does not register his mark under the Lanham Act. Michael opens his restaurant in January 2019 and also uses the trademark "MW." Michael does register his trademark under the Lanham Act. Which of the following statements is true?
a. | Michael is the valid holder of the trademark because he was the first to register the mark under the Lanham Act. | |
b. | Max is the valid holder of the trademark because he was the first person to use the mark. | |
c. | Neither holds a valid trademark because you cannot trademark restaurant symbols. | |
d. | Both hold a valid trademark, and they must share its use. |
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