You have been in business and profiting while making a well-established name for your business. Five years ago when you started your business, you created a special logo and unique name for your company. You also checked your name and registered with the USPTO. Recently, you received a cease and desist letter from another company that demands you stop using your name and logo. You do your research and find that the company that sent this letter is involved in the same industry as your company using a very similar sounding name and similar logo as you use. Not only that, but the company’s web address is similar to your address. However, the company does not provide the same services or products as your company and this company is not associated in any way with your company. You also learn that the company was formed 6 months after your company was formed, has not registered with the USPTO, and is in a different state. Given this information you again contact your attorney and ask how a judge would rule if this case went to court, because you want to continue to stay in business using your present name and logo.
- Facts: What are the relevant (important) facts?
- Issue: What are the legal issue(s)?
- Law: What law(s) are at issue?
- Holding: How would you answer the legal issue(s)?
- Rationale: Why should a court rule on the legal issues in your favor? Explain your answer in detail.
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