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Comp and the Law - McEasy

Comp and the Law - McEasy - The two main things that we...

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The two main things that we need to consider in order to sort this out are trademark infringement, and trade secret misappropriation. Trademarks are defined in the dictionary as, “A name, symbol, or other device identifying a product, officially registered and legally restricted to the use of the owner or manufacturer.” A trade secret is secret information that has economic value by virtue that it is kept secret. There are many things to be considered with both trademarks and trade secrets in order to sort out the problems in Hyperworx v. McDonald’s and HyperWorx vs. Lifeline Computing. I will first start with the trademark allegation by McDonalds. First of all, HyperWorx has put in an application to have McEasy as a trademark. While this is not exactly the same as a McDonald’s product, the “Mc” is very similar to many of the products that McDonald’s sells, including the name McDonald’s itself. Does McDonald’s have a trademark with names with the prefix “Mc”? They do use their names with interstate commerce, and I would say that a general person would recognize a food item with the prefix, “Mc”, to be associated with McDonald’s. However, there are seven factors used to determine whether this is infringement or not. The first is the strength of the trademark, which is pretty strong considering the fact that McDonald’s is one of the biggest companies in the world. It is not a fanciful
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