Question $26$

$26.$ Before filing a clalm against the owner of Metal Mania, Brett cools down and decides to talk with the owner of Metal Mania first. As it turns out, the owne of Motal Mania is none other than James Hetfield, the lead singer of another famous rock band, Metallica. When Brett explains to James that his restaurant i confusingly similar to the restaurant that Brett established five years earlier $($in $2016).$ James is extremefy apologetic and informs. Brett that any similarities are strictly accidental and unintentional. However, despite a request from Brett, James refuses to change anything about Metal Mania. As a result, Brett is concerned that potential customers wili go to Motal Manla rather than his restaurant, Hair Band Legends. Based on that information, can Brett file a claim against the owner of Metai Manla alloging a trademark infringement?

Yes, he cantile such a ciaim, even though the intringement was not intentional.

Yes, he can flie such a chaim, bit he witi heve to prove the two restatrants are compettors.

No$.$ he cannot fite such a cisim because the alleged inferingement was unintentional:

No$,$ he cannot Nle sueh a claimbecause rghts invalving trade dreas cainnot be protecled.