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

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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
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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 chains (McDonalds) trademark. Rule: McDonalds 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: McDonalds has the right to sue for trademark infringement. McSleep did infringe upon the trademark....
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This note was uploaded on 11/29/2010 for the course BUS 101 taught by Professor Me during the Spring '10 term at Central Methodist University.

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