Ch. 6 - Trademark Infringement. 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. (See Trademarks and Related Property.)

Ch. 7 - Theft. The head of CompTac's accounting department, Roy Olson, has to pay his daughter's college tuition within a week or his daughter will not be able to continue taking classes. The payment due is more than $20,000. Roy would be able to make the payment in two months but cannot do so until then. The college refuses to wait that long. In desperation, Roythrough a fictitious bank account and some clever accountingborrows funds from CompTac. Before Roy can pay back the borrowed funds, an auditor discovers what Roy did. CompTac's president alleges that Roy has stolen company funds and informs the police of the theft. Has Roy committed a crime? If so, what crime did he commit? Explain. (See Crimes Affecting Business.)

Ch. 8 - Contract Classification. High-Flying Advertising, Inc., contracted with Big Burger Restaurants to fly an advertisement above the Connecticut beaches. The advertisement offered $5,000 to any person who could swim from the Connecticut beaches to Long Island across the Long Island Sound in less than a day. McElfresh saw the streamer and accepted the challenge. He started his marathon swim that same day at 10 a.m. After he had been swimming for four hours and was about halfway across the sound, McElfresh saw another plane pulling a streamer that read, Big Burger revokes. Is there a contract between McElfresh and Big Burger? If there is a contract, classify it by types. (See Types of Contracts.)