{[ promptMessage ]}

Bookmark it

{[ promptMessage ]}

Case # 04 - their new chain of economy hotels The hotels...

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
Case #4 Respond to the following case using the IRAC format as described on the directions posted on MyCMU. The document should be typed in a Word document (or rich text format) and sent to me via file exchange as described on the syllabus. Quality Inns, based in Silver Spring, Maryland, announced plans for the new chain of economy hotels to be marketed under the name ''McSleep Inns.'' McDonald’s, Inc. believed the hotel name was an infringement of their trademark. After repeated warnings from McDonald's, Quality Inns filed suit against the fast-food chain, asking the court to declare that ''McSleep'' does not infringe on the chain's trademark. McDonald's countersued, charging that the use of the name constituted an infringement because the public would confuse the hotels with McDonald's. [ Quality Inns International, Inc. v. McDonald’s Corporation , 695 F. Suppl. 198 (1988)] Issue: McDonald’s has countersued Quality Inns, based in Silver Spring, Maryland, for
Background image of page 1
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: their new chain of economy hotels. The hotels will be market under the name of “McSleep Inns.” Originally “McSleep” filed a suit declaring that their name does not infringe on the chain’s (McDonald’s) trademark. Rule: McDonald’s is counter suing on the basis of infringement of their trademark Application: Standing to sue based on infringement due to trademark means, is a distinctive mark, motto, or implement that manufacturer stamps, prints or otherwise affixes to the goods it produces so that they can be identified on the market and their origins made known. It must violate the Federal Trademark Dilution Act of 1995, which states that it protects famous trademarks from uses that dilute their distinctiveness, even in the absence of any likelihood of confusion or competition. Conclusion: McDonald’s has the right to sue for trademark infringement. “McSleep” did infringe upon the trademark....
View Full Document

{[ snackBarMessage ]}