Frosty Treats sells frozen desserts out of ice cream trucks that are decorated with a picture...
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Frosty Treats sells frozen desserts out of ice cream trucks that are decorated with a picture of a clown. Twisted Metal, a video game series created by Twisted Metal Corp., included an ice cream truck driven by a clown character that was very similar to the Frosty Treats clown. In the last video game in the Twisted Metal series, the ice cream truck is labeled, "Frosty Treats." If Frosty Treats sues Twisted Metal for trademark infringement, which of the following statements is correct? A. Frosty Treats will lose if the court determines the term "Frosty Treats" is a descriptive term that has not secondary meaning (as such, it is not distinctive) B. Frosty Treats will win if the court determines the mark is generic. Frosty Treats sells frozen desserts out of ice cream trucks that are decorated with a picture of a clown. Twisted Metal, a video game series created by Twisted Metal Corp., included an ice cream truck driven by a clown character that was very similar to the Frosty Treats clown. In the last video game in the Twisted Metal series, the ice cream truck is labeled, "Frosty Treats." If Frosty Treats sues Twisted Metal for trademark infringement, which of the following statements is correct? A. Frosty Treats will lose if the court determines the term "Frosty Treats" is a descriptive term that has not secondary meaning (as such, it is not distinctive) B. Frosty Treats will win if the court determines the mark is generic.
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The correct answer is A For Frosty Treats to succeed on a trademark infringement claim against T... View the full answer
Related Book For
Strategic Management Text and Cases
ISBN: 978-1259900457
9th edition
Authors: Gregory G Dess Dr., Gerry McNamara, Alan Eisner
Posted Date:
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