Trademark Protection Cases:

1. The only auto mechanic shop in the town of Springerville calls itself Auto Service. It has a large sign outside the shop that reads Auto Service. Its letterhead displays the words Auto Service and its employees identify themselves as working at Auto Service. The people of Springerville frequently refer to the mechanic as Auto Service. However, these people also still use the phrase Auto Service to refer to services rendered by auto mechanics in general. Is Auto Service a distinctive trademark for the Springerville mechanic? Why or why not?
2. Fancy Spa, Inc. uses the mark Paradise Bath in advertising to identify its mud bath treatments. While other spas have used the word Paradise in connection with goods and services, none have used the word as part of a title or to identify services. Mud bathers do not achieve literal paradise in the dictionary sense of perfect happiness. However, the word suggests the type of satisfaction that a perfect mud bath might bring. Fancy Spa, Inc. is seeking an injunction against a new spa that opened in town, calling itself Paradise Treatments. Is Paradise Bath a distinctive mark for Fancy Spa, Inc.? Why or why not?
3. A food products manufacturer begins to advertise and sell chocolate bars using a Paradise Chocolate trademark. Because this product is new, consumers do not associate the use of Paradise with any particular source for the chocolate. Consumers also do not interpret Paradise as referring to any effect or quality of the chocolate. In fact, consumers find the Paradise mark on chocolate to be comical. Although the Paradise Chocolate mark has been in use for about a year, consumers, in general, are barely aware that the product exists. Is Paradise Chocolate a distinctive trademark for the chocolate bar?