Question
McDowell's is a fast-food restaurant in Queens, New York. For its trademark, it uses a golden Mc with the c being much smaller. McDonald's sues
McDowell's is a fast-food restaurant in Queens, New York. For its trademark, it uses a golden "Mc" with the "c" being much smaller. McDonald's sues for trademark infringement. Which of the following statements is true?
a. | It is only trademark infringement if McDowell's used the exact same mark as McDonald's, which it did not. | |
b. | Trademark infringement only occurs if the mark for the allegedly infringing business has no relation to the business name. | |
c. | McDonald's trademark arch is not valid because it comes from a last name, which cannot be trademarked. | |
d. | The test will be whether the McDowell's trademark is likely to confuse customers about who has made the goods or provided the services. |
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