Adi_Hadzic_Problem_Solution8_Chapter_40.doc.

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Unformatted text preview: This is an issue of infringement. George McCoy of Florida, who has his own brand labeled with a cheesecake, and has the slogan “McCoy All Spice Florida Cheese Cake”, but have not yet, registered his trademark. Leo McCoy of California begins to manufacture a similar product on the West Coast, using a similar label with the words “Florida”, containing a picture of a Hollywood star and the words “McCoy’s All Spice Cheese Cake”. Unlike George, Leo has already registered his product under the Federal Trademark Act. The main question that is discussed in this problem is, to what relief, if any, is George McCoy entitled? This is a case of infringement. Essentially, when it stated that George did not register his mark, he did not have any copyright on it, which said that it was his one and only trademark, and by this, someone else is free to take the same motive of the mark. The problem being here is that the likenesses of both brands can cause confusion, which therefore falls under infringement, whereas...
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