Question: One day in January 2 0 2 1 , while taking a break from recording a new album with his band, Brett decided to have
One day in January while taking a break from recording a new album with his band, Brett decided to have dinner in a brand new restaurant that opened just a few miles away from his restaurant. This brand new restaurant was called "Metal Mania." To Brett's dismay, the interior of Metal Mania looked familiar; in fact, its dcor menu, and style of service were extremely similar to those of Hair Band Legends. Brett was furious because he had worked so hard to design his restaurant so it had the exact right look and feel. What can Brett do now?
He can file a claim against the owner of Metal Mania alleging trademark dilution.
He can file a claim against the owner of Metal Mania alleging trademark infringement.
He can file a claim against the owner of Metal Mania alleging it lacks a distinctive trademark.
He cannot do anything until one of his customers becomes confused and goes to eat at Metal Mania.
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