Alpha Software, Inc., announced a new computer operating system to be marketed under the name McSoftware. McDonalds

Question:

Alpha Software, Inc., announced a new computer operating system to be marketed under the name McSoftware. McDonald’s Corp. wrote Alpha a letter stating that the use of this name infringed on the McDonald’s family of trademarks characterized by the prefix “Mc” attached to a generic term. Alpha claimed that “Mc” had come into generic use as a prefix and therefore McDonald’s had no trademark rights to the prefix itself. Alpha filed an action seeking a judgment from the court that the mark McSoftware did not infringe on McDonald’s federally registered trademarks or its common law rights to the marks and that its use would not constitute an unfair trade practice. What factors must the court consider in deciding this issue? What will be the probable outcome of the case? Explain.

Fantastic news! We've Found the answer you've been seeking!

Step by Step Answer:

Related Book For  answer-question

Business Law Text and Exercises

ISBN: 978-1305509603

8th edition

Authors: Roger LeRoy Miller, William E. Hollowell

Question Posted: