Top Tutors
The team is composed solely of exceptionally skilled graduate writers, each possessing specialized knowledge in specific subject areas and extensive expertise in academic writing.
Order for this Paper or Similar Assignment Writing Help
Click to fill the order details form in a few minute.
Posted: August 13th, 2022
Dogco sued Fido alleging that he committed trademark infringement
Student’s Name
Instructor’s Name
Subject
Date
Facts: Dogco sued Fido alleging that he committed trademark infringement. In his defence, Fido alleges that he has the priority in legal claims to the “Walk Your Dog Like a Dawg!” slogan. Fido goes on to further allege that Dogco lacks priority to “Walk Your Dog Like a Dawg!” since the company did not achieve secondary meaning when Fido filed his intention of utilizing the application. More so, Fido claims that no application was made to the USPTO by Dogco. However, Dogco believes that it has priority because it used “Walk Your Dog Like a Dawg” first to sell its products online. Also, according to Dogco, the “Walk Your Dog Like a Dawg!” slogan is suggestive and not descriptive; this alone makes it to qualify for protection by a trademark devoid of the need for secondary meaning.
Issue: Does Fido have priority in legal claims to the “Walk Your Dog Like a Dawg!” slogan? Is the “Walk Your Dog Like a Dawg!” slogan suggestive?
Rule: “Priority of trademarks is given to a party that shows the first utilization of the trademark in commerce. Marks are perceived to be suggestive and hence automatically protected if they are innately unique meaning that their inner nature serves to recognize a certain source of a product.”
Application: If I were a judge in this case, I would apply the law to the facts as follows:
Fido’s filing of an intent to use application for the trademark “Make America’s Dog training leashes Great Again!” with the US Patent and Trademark Office (USPTO) made the slogan suggestive. Therefore, there is no need for secondary meaning. The party that sold the product under the trademark name has the priority in legal claims to the slogan. Digco was able to first sell the product online under the trademarked slogan in October 2014. Fido sold its first product in November the same year.
Conclusion: Based on the above, I would choose to side with Digco.
Why Choose our Custom Writing Services
We prioritize delivering top quality work sought by students.
Discounted Pricing
Our writing services uphold the utmost quality standards while remaining budget-friendly for students. Our pricing is not only equitable but also competitive in comparison to other writing services available.
0% similarity Index
Guaranteed Plagiarism-Free Content: We assure you that every product you receive is entirely free from plagiarism. Prior to delivery, we meticulously scan each final draft to ensure its originality and authenticity for our valued customers.
How it works
When you decide to place an order with Dissertation Help, here is what happens:
Expert paper writers are just a few clicks away
Place an order in 3 easy steps. Takes less than 5 mins.