Question: Could Little Rest prevent confusion between the Buddha Bars in New York City and Paris by posting a disclaimer on Buddha Bar NYCs Web site?

Could Little Rest prevent confusion between the Buddha Bars in New York City and Paris by posting a disclaimer on Buddha Bar NYC’s Web site? Would such a disclaimer be effective? Explain your answer.

George V Restauration S.A. and others owned and operated the Buddha Bar Paris, a restaurant with an Asian theme in Paris, France. In 2005, one of the owners allowed Little Rest Twelve, Inc., to use the Buddha Bar trademark and its associated concept in New York City under the name Buddha Bar NYC. Little Rest paid royalties for its use of the Buddha Bar mark and advertised Buddha Bar NYC’s affiliation with Buddha Bar Paris, a connection also noted on its Web site and in the media. When a dispute arose, the owners of Buddha Bar Paris withdrew their permission for Buddha Bar NYC’s use of their mark, but Little Rest continued to use it.

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