Question: Matt creates a small doughnut shop called DoGos. He uses the term DoGo surrounded by three concentric blue circles on all packaging. He starts selling

Matt creates a small doughnut shop called DoGos. He uses the term DoGo surrounded by three concentric blue circles on all packaging. He starts selling his specialty DoGo doughnuts in local grocery stores, and soon develops a strong customer base, although he never sells the product outside of the state of Ohio. After five years of increasing business, he notices a sudden dropoff in sales. He soon discovers that a competitor is producing a similar product, but at a lower price, packaged in almost identical packaging, but with the name DoGoos inside the three concentric blue circles. Matt finds out who the producer of DoGoos is and sends him a request that he change his product name and packaging. Simon, the producer of DoGoos, refuses, saying that because Matt has no trademark, his signature packaging has no protection. Explain why Simon either is or is not correct.

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If Simon has also been selling donuts in Ohio he may be infringing on Matts rights by using a ... View full answer

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