Assignment First




在吃虽然不是销售汉堡店一样仍然是一个受欢迎的餐馆在社区和操作自1950年的。in – n – out汉堡声称自己的联邦注册和声称,每个人都知道这个名字的品牌。它拥有字符标记。量化宽松政策想要知道他们的选择是什么。他们也准备好了一场法律战。



A suit has been filed on our client Quick Eats (QE) because the small chain of restaurants named “In and Out Eats” that they own has apparently infringed on the trademark of the In-N-Out Burger, a fast food joint. QE has now received a cease-and-desist letter from the Burger joint.
At present the situation is that the claims that OTFP has asked has been rejected in summary judgment. However in future there might be more infringement or counterfeit done that might lead to dilution of the mark. In this context OTFP will have to increase both conceptual strength and the commercial strength of its trademark.
In and Out Eats although not marketed as much as the Burger Joint is still a popular restaurant in the community and they have been operating since the 1950’s. In-N-Out Burger claims to own a Federal Registration and claims that everyone knows the name brand. It owns the character Mark. QE wants to know what their options are. They are also ready for a legal battle.
Any infringement of the trademark can lead to severe repercussions (USPTO, 2014). In this context the Burger Joint states that it has the trademark federal registered. A Federal trademark registration can last for ten years, after which the owner can continue to keep it live; it does not expire unlike a patent or a copyright. So QE can check if the trademark is still registered for the Burger Joint. If the registration is still maintained, and given that the trademark is still being used then QE might have to comply with the cease-and-desist.