Anolik_Trademark_Sp06_Answer1

Anolik_Trademark_Sp06_Answer1 - ID: 10: Spring 2006 Molik...

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ID: Spring 2006 Molik (Exam Number) Spring 2006 Anolik 10: Exam Name: Instructor: Page 1 of 1 Exam taken with SofTest v8.0A
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ID: Spring 2006 Molik 1) To: Judge Black From: Law Clerk Re: CNG Financial Corp. v. Google, Inc. Memorandum A trademark is a symbol, word, name, device, or combination thereof, adopted and used by a merchant to identify his goods and distinguish them form articles produced by another. 15 USC 1127. CNG Financial Corp. has a valid federally registered trademark. Trademarks are designed to prevent consumer confusion in the marketplace as to the source or origin of goods or services. Trademark infringement actions are to help prevent others from palming off their goods as the goods of another, to protect the consumer and the merchant's goodwill reputation. CNG asserts that from CNG's mark and trade on their established goodwill, to the detriment of consumers. have analysed each of the causes of action in the CNG complaint and provided the best argument for each side as well as a recommended ruling and remedy. 1. Trademark InfrinQement Page 1 of 13
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(Question 1 continued) ID: Spring 2006 -101ik- v-- Trademark infringement occurs when a junior user begins using a mark in trade that creates a likelihood of confusion with a senior mark. In this case, Google is a junior user of CNG's mark because they have not been using the mark in trade for as long as CNG. Their use in trade began when they started selling the keywords associated with CNG's mark V ,fj; The factors for analysing likelihood of confusion, as oulined by the Polaroid/Sleekcraft courts are as follows 1. The strength of the mark -A suggestive mark suggests tr.e nature of the goods or services underlying the mark, but requires a bit of thought to determine what the product actually is. Suggestive is the lowest level of protection for a distinctive mark. Suggestive and Descriptive marks are very similar. Descriptive marks require proof of secondary meaning in order to be protectable. To determine if a mark is suggestive or descriptive a court usually asks how much will a consumer have to employ imagination/thought to determine the nature of the underlying goods? And how likely are seller of similar products to use the same term in connection with their goods/services? Check n Go appears to be a suggestive mark. It is not immediately apparent what the nature of the goods is that CNG is offering, but with a bit of thought you can figure it out. In addition, there are many other ways that a company could represent a payday loan. Both of these factors lean toward this being a suggestive mark. 2. The similarity between the two marks -The Marks are Identical Page 2 of 13
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(Question 1 continued) ill: consumer to a direct competitor. The similarity of the products is very high. However, since this is a direct infringement action against Google, the use by Google is in a search engine, which is a totally different field from payday loans. 4. The likelihood
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Anolik_Trademark_Sp06_Answer1 - ID: 10: Spring 2006 Molik...

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