Question
Your client, Chris Johnson, wants to open up a coffee shop. He doesn't have the money or the marketing skill to really brand his coffee
Your client, Chris Johnson, wants to open up a coffee shop. He doesn't have the money or the marketing skill to really brand his coffee shop and he does not think he will be able to compete with the "big brands" such as Starbucks and Coffee Bean.
Your client initially wants to name his coffee shop Starbucks and use the same logos, naming, and branding as the actual Starbucks. He says, "I figure, they have great brand awareness. Why should I have to reinvent the wheel?" Your client did a little research on his own and learned that calling his coffee shop "Starbucks" probably would not be the best idea because of potential trademark violations.
Your client thinks he has a way to get around it. He's going to call his company "Dumb Starbucks." He did a Google search and from his "research," he found that calling it Dumb Starbucks would be okay because that makes it a parody which, in his words is, "A okay."
Your client comes to your office to confirm that their "research" is correct. Your partner has actually researched issues similar to this before. They hand you their folder full of potential sources and asks you to write them a memo, using only those cases, discussing whether your client's use of the Starbucks trademark is permissible.
For this exercise, your partner's folder only contained the following sources:
15 U.S.C. 45
15 U.S.C. 1051
15 U.S.C. 1114
15 U.S.C. 1115
15 U.S.C. 1125
Restat 3d of Unfair Competition, 21
Restat 3d of Unfair Competition, 2
Restat 3d of Unfair Competition, 23
991 F.Supp.2d 888
141 F.3d 188
523 F.2d 187
778 F.2d 1352
776 F.Supp 1454
Your final deliverable will be a response to client's situation, written in IRAC form, in a well-reasoned and well supported document
Step by Step Solution
3.53 Rating (160 Votes )
There are 3 Steps involved in it
Step: 1
15 USC 1051 This is the federal statute that governs trademarks including the requirement that a mark be distinctive and not likely to cause confusion ...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