Identify what is a Trademark and what legal protection it gives the owner? Cite your source

Description:

• Individual written task. • Questions answered in order, numbered and in essay format. No bullet points.• Answer the following questions in a single document using the information given to you throughout the course and additional research. • Your answers are to be based on laws in the USA.• You must research and find the laws or regulations that correspond to the questions that you are answering from the USA.• Remember to use Harvard citations in the document. Use in-text citations to indicate your sources.

Case study

Carrie opens a small coffee shop in a small Colorado town and names it “Grounds” with the slogan “Green to Brown we roast it down”.  Mark owns a large commercial landscaping business in Los Angeles also named “Grounds” with the slogan “Green or Brown we cut it down”. Mark’s company has been around for six years, while Carrie’s business just opened. Both companies claim trademark to this name, and copyright of their slogans but neither have registered the name or the slogan. One day when Googling his company, Mark discovers Carrie’s business, he immediately writes a letter to her telling her to change her name and slogan, but she never answers his letter.  A few weeks later Mark sues her for trademark and copyright infringement in California.

1.​Identify what is a Trademark and what legal protection it gives the owner? Cite your source.

2.​Identify and analyse what Mark must prove to win a a Trademark infringement case?  Cite the law and provide a legal case as an example.

3.​Identify and analyse what is the likely legal outcome between Carrie and Mark in a Trademark infringement case? Cite a legal case in support of your position.

4.​Identify what is a copyright and what legal protection it gives the owner? Cite your source.

5.   Identify and analyse what Mark must prove to win a copyright violation case?  Cite the law and provide a legal case as an example.

6.​Identify and analyse what is the likely legal outcome between Carrie and Mark in a copyright infringement case? Cite a legal case in support of your position.