Facts
The Client wants to know whether she should change the name of the restaurant or should she simply just fight for keeping the name. Mr. Sawyer the Defendant simply wants our client to change the name because it is a violation of the Trademark Registration Act, especially since Mr. Sawyer has the patent for the name of the restaurant; Mr. Sawyer has had the restaurant for years.
Issue
- Will Mr. Sawyer be likely to succeed on his claim of trademark infringement?
- If any what type of damages can the client face if Mr.
Sawyer sues and wins, worst case scenario?
- Should the client change the name of her business or stand firm?
Answer
Yes, Mr. Swayer would very much likely succeed on his trademark infringement claim. This matter can be solved by simply proving the trademark patent Mr. Swayer claims to have of the name of the restaurant.
The damages the client might face if Mr. Swayer sues and wins worst case scenario can be the client is found with activities of an infringement of the patent.
The client should simply change the name of the restaurant and do research to make sure this incident does not happen again.
Reasoning
On one hand, Mr. Sawyer has had his restaurant for years which in a way gives him seniority over the name. As well as, Mr. Sawyer has proof and confirmation from the United States Patent and Trademark Office. As a result, Mr. Sawyer has a stronger case against our client.
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5 (204)
“ She followed all my directions. It was really easy to contact her and respond very fast as well. ”
On the other hand, our client has only been in business for six months and is just now has managed for the bakery to run smoothly. It is the right time for a situation like this to appear because it is easier to fix problems like the change of the name. as oppose from a few to, too many years down the road when many people know the place, business is gotten bigger maybe even expanded make a name change a lot more complicated. As a result, the case is still in its first phase and it is still a little premature to have any rulings or decisions.
Conclusion
The following legal materials used are primary sources of the law Chapter 80. Trademarks, Brands, etc. Article 1, Ray Lackey Enters. v. Vill. Inn Lakeside, Inc., 2015 NCBC 32, West Law Legal Database, and the Department of Licensing and Regulatory Affairs because the case will be a Court Appeal, which have law decisions and are from the judicial branch and state jurisdiction. Now the importance of identifying the jurisdiction of these legal materials is because they are relevant and applies to the present case.
The secondary sources that will be used for this case is The Legal Encyclopedia, The Oswego State Of New York Library. The factual vocabulary I will be using is Jurisdiction, Patent, trademark infringement, laws in different states, Federal District Court. The legal Vocabulary that will be using is appeal, appellant, Civil Action Number, Civil Case, Civil Procedure, court, decision, defendant, grounds, Rule or Ruling, Statutes, verification. The amount of time that will dedicated to this case minimum is twenty hours to see if there is a way for a client to also have a strong case and an easy solution that both company’s can agree on and avoid another incident and accusation of trademark infringement and making the situation worse.
References
- Statue , General. North Carolina General Assembly. Ncleg.net, North Carolina Legislation,1985, Carolina Superior Court. (2015). Editorial Board. Endocrinology, 156(5).doi:10.1210/endo.2015.156.issue-5.edboard.
- Oswego State University Of New York. (1980, April). A-Z Databases. Retrieved July 08, 2019,from Department of Licensing and Regulatory Affairs. (2014, February). Corporations,Securities & Commercial Licensing. Retrieved July 08, 2019, from T. (1997, October). FindLaw Legal Dictionary. Retrieved July 08, 2019, from
Intraoffice Memorandum. (2019, Nov 16). Retrieved from https://paperap.com/intraoffice-memorandum-best-essay/
