Please answer this question from the perspective of business law, you might refe
ID: 2762888 • Letter: P
Question
Please answer this question from the perspective of business law, you might refer codes or rules if needed:
George McCoy of Florida has been manufacturing and distributing a cheesecake for more than five years, labeling his product with a picture of a cheesecake, which serves as a background for a Florida bathing beauty and under which is written the slogan “McCoy All Spice Florida Cheese Cake.” George McCoy has not registered his trademark. Subsequently, Leo McCoy of California begins manufacturing a similar product on the West Coast using a label similar in appearance to that of George McCoy, containing a picture of a Hollywood star and the words “McCoy’s All Spice Cheese Cake.” Leo McCoy begins marketing his products in the eastern United States, using labels with the word “Florida” added, as in George McCoy’s label. Leo McCoy has registered his product under the Federal Trademark Act. To what relief, if any, is George McCoy entitled?
Explanation / Answer
George McCoy s protection is limited because he is not registered his trademark,and he receives only common low trademark protection.In contrast to Federal Registration , common law trademarks are usually enforceable only within the geograpic region where the trademark owner using it in his business.When there is infringement the ower of the trademark can not sue and collect damages even attorneys fees and limited to injective relief.
An unregisterd trademark owner may receive protection under Lanham Act (15 USC,1125) and tha Lanhan act permits the party to recover attorneys fees and costs.
so George Mc Coy of Florida ,as per common law is permitted to receive relief of injection ,and as per Lanhan act he can claim for attornys fees and costs.