Unicorn Meat and Trademarks

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Here’s the deal. You may own a trademark. A trademark is simply an adjective describing your good or service. Trademarks are designed to assist the consumer avoid confusion as to the source of the goods. For example, if I started a fast-food restaurant and called it MacDonalds (1980’s reference to the movie “Coming to America” starring Eddie Murphy), it is likely that a certain franchisor would have a problem with the use of the mark, given the likelihood of confusion. So, what is a trademark holder supposed to do? If you do nothing and know about it, a defense can be raised that you acquiesced to the usage.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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