Question
You are a law clerk in the U.S. Your judge has asked you your opinion on a pending trademark dispute that she read about online.
You are a law clerk in the U.S. Your judge has asked you your opinion on a pending trademark dispute that she read about online. McDonald's was one of the companies to exit Russia in response to the invasion of the Ukraine, resulting in the closing of approximately 850 store locations in Russia. Russia and the U.S. are members of the Madrid Protocol, a treaty governing the registration and enforcement of trademarks worldwide, and McDonalds registered their trademark internationally through the Bureau of the World Property Intellectual Organization (WIPO). However, after the closings, the Russian government that they would remove patent protections for companies linked to countries hostile to Russian and would reopen the closed McDonald's locations as Uncle Vanya's. The government made the trademark filing below which includes a Cyrillic letter "B" which references the "V" in "Uncle Vanya" in yellow with a red background.
(a) Whattypeof trademark is McDonald's "golden arches"?
(b) If Uncle Vanya's was a U.S. company, could it withstand a trademark infringement lawsuit brought by the McDonald's Corporation. Although trademark infringement analysis looks to a long list of non-exclusive factors such as mark strength, similarity of goods, similarity of customers, and more, the only factors she wants you to consider is the degree of similarity of other marks. To analyze similarity of marks, consider whether the overall commercial impression of the marks as well as the context in which they will appear to consumers. You should also consider the similarities of the marks in terms of sight, sound, and meaning. Be sure to explainthe reasons of your conclusions.
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