Asked by CHRISTINE MAE GERONIMO on Sep 29, 2024
Evan plans to open a company named "Maryland" for which her trademark is "M." This trademark in no way resembles the famous McDonald's trademark.However,she fears that the latter might think otherwise and sue her in the future.Evan wants to take no risk and hence seeks the court's judgment on the issue.Can she do it?
A) Yes,she can do it because she wishes to seek the court's opinion.
B) Yes,she can do it under state and federal declaratory judgment statutes.
C) No,she cannot agitate an issue that has not yet arisen.
D) No,she cannot agitate the issue as she knows that the two marks are not similar.
Declaratory Judgment
A court judgment that determines the rights of parties without ordering any specific action or awarding damages.
Trademark
A distinctive word, name, symbol, device, or combination thereof, which enables consumers to identify favored products or services and which may find protection under state or federal law.
Court's Judgment
The final decision made by a judge or court in a legal case, which may order a party to pay a sum of money, to perform a specific act, or to refrain from doing something.
- Acquire proficiency in the methods of legal interpretation and the indispensable importance of judicial decision-making freedom.
Learning Objectives
- Acquire proficiency in the methods of legal interpretation and the indispensable importance of judicial decision-making freedom.
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