BUS 116 0901SP FRANCES DREW Module Two WA

BUS 116 0901SP FRANCES DREW Module Two WA - Frances Drew...

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Frances Drew Bus 116 0901 SP Module 2 WA 1. Baxco Corp. makes and sells several products, and it wants to register the products' names on the Principal Register in order to obtain federal trademark protection. Baxco wants to register: (1) "Xeri-fun," the name of a new candy; (2) "Appalachian Whiskey," the name of an alcoholic product that Baxco has sold for many years and a name that the public associates only with Baxco's product; and (3) "soft-serve ice cream," the name of Baxco's machine-dispensed ice cream. (Soft-serve ice cream is a type of ice cream that includes any ice cream that is dispensed from a machine. Numerous companies throughout the U.S. sell their own "soft-serve ice cream.") a. Is Baxco entitled to register the foregoing marks? Why or why not? b. If Baxco properly registers a mark, what can Baxco do if another party intentionally uses or infringes upon the registered mark? Explain. Baxco can trademark both the Xeri-fun candy and the Appalachian Whiskey because these are unique names that for their product. But the same soft-serve ice cream is a generic trademark and cannot be registered. Being the rightful owner of the two registered marks allows them an injunction to prohibit further violations, distribution of infringement material, up to 3x the damage, and profits and attorney fees. 2. rlando borrows a gasoline driven lawn edger from his neighbor, Max. Max has not used the lawn edger
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BUS 116 0901SP FRANCES DREW Module Two WA - Frances Drew...

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