Wendy has a registered service mark for "Wendy's Women" used in connection with house cleaning services (Class 35- advertising, business management, business administration, office functions). Wendy filed an application on January 3, 2019 stating use from mid-2018. The mark was registered on December 12, 2020. Wendy lives in White Plains and has customers within the entire tri-state area. Wendy is visiting her grandmother in Oklahoma late February 2023 and when looking up the phone number in the Yellow Pages for an electrical store, notices an ad for "Wendy's Men" under the "Escort Services" heading, with the tagline - "Serving Tulsa in the New Millennium." She is outraged and calls her attorney to find out what she can do a about this similar name. The attorney searches the USPTO site and finds out that the trademark for "Wendy's Men" was filed by Hey There, LLC as a ITU (Class 45 - Personal Services) on July 5, 2018 and was converted based on use dated June 7, 2019. The trademark was registered on January 4, 2020. 1. Who can Wendy sue? 2. What can she sue for/under what statute? 3. What must she allege/prove? 5. What factors in the infringement analysis of confusingly?

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1 Wendy can potentially sue Hey There LLC the owner of the trademark Wendys Men for trademark infrin... View the full answer