Question: Discussion Questions 1. 2. 3. 4. Discuss the differences between trade names, trademarks and service marks. (A) Fully discuss the factors that a court will
Discussion Questions 1. Discuss the differences between trade names, trademarks and service marks. 2. (A) Fully discuss the factors that a court will consider in deciding whether Pollock's service mark "Tires Cost Less" infringes on Harvest's, "Tires 4 Less." Should Pollock fight Harvest's lawsuit? In other words, what do you think will be the outcome of the case? 3. Do you think that Pollock should have stood up to Toys R Us? What do you think would have been the outcome if Toys R Us had sued Pollock because he had refused to change his business name from Tires R Us? 4. (A) In terms of marketing and the law, what should Pollock have done when selecting a business name and service mark? Think up four potential names for Pollock's business: a fanciful name, an arbitrary name, a suggestive name and a descriptive name. Conduct a preliminary search of these names to see of they are available. 5. Once Pollock has a new name for the business, what actions should Pollack take to protect the name
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