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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