Question
Tom Trademark (TT) has sold candles and soaps under the mark Marigold since 2000. TT federally registered the Marigold mark in 2003 even though he
Tom Trademark (TT) has sold candles and soaps under the mark "Marigold" since 2000. TT federally registered the Marigold mark in 2003 even though he never sold his candles outside of New York City. In 2006 Maybee Infringing ("MI"), unaware of TT's products, began selling "Marigold Candles" out of her home in Phoenix, Arizona. If TT sues MI for trademark infringement, the most likely result is:
Group of answer choices
MI will be able to sell where consumers first associate her mark with the candles--even after TT federally registered his trademark.
MI can sell her Marigold candles anywhere if she was the first to think of the name.
MI can continue to sell her "Marigold" candles but only in Phoenix.
MI will not be allowed to sell her Marigold Candles using that trademark.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started