Michael is the owner of the very successful Bluth Frozen Banana Stand that has b
ID: 393692 • Letter: M
Question
Michael is the owner of the very successful Bluth Frozen Banana Stand that has been in business on the Orange County boardwalk for over 30 years. The banana stand’s sign has an image of a big-eyed cartoon banana on a scooter. One summer, Gob opens “Gobias Frozen Bananas”, a rival frozen banana stand, just down the boardwalk from the Bluth Frozen Banana stand. Gobias’ sign is a large cartoon banana riding a skateboard. Some of Michael’s customers have told him that they accidentally shopped at Gobias’ Banana Stand, thinking that it was actually a second Bluth Banana Stand (since the signs are so similar). It seems that at least some of the customers realized the stand was not the same, when they tasted that Gobias’ bananas were not as tasty (they were overly ripe and slightly fermented). Michael comes to you for advice, he wants to know: (1) what laws protect Michael and/or Gob’s interest in this situation? (2) does Michael have any possible legal claims against Gob or Gobias Frozen Bananas? (3) are there any steps Michael can take to protect his legal interests?
Explanation / Answer
Answer (1) : In the given situation , it is clear that Gob has made the near similar sigh of his "Gobias Frozen Bananas” just to get the business from Michael's customers , so Michael's interest can be protected under the Trademark Act of 1946 & Lanham Act Section 35(c) for the use of Counterfeit Marks.
Answer(2) : Yes Michael do have possible legal claims against Gob or Gobias Frozen Bananas, He can claim for as much as $150,000 per infringement. Gob can face imprisonment . Michael can even recover the fees of his Attorney & court as well from Gob once he wins the case.
Answer (3) There are certain steps Michael needs to take to protect his legal interest.First he need to send a Cease-and-Desist Letter to the Gob , if Gob ignores the letter then it can be used in a lawsuit as an evidence. If the letter is ignored then there is a little scope for any other than filling Trademark Infringement Lawsuit .Since hereit is a state of "Likelihood of Confusion" michael has a strong point to put before the court as the customers has already told the Machael about their shopping due to this confusion. He may get testimonials from those consumers to make the case even stronger with necessary evendence like bills , payment slips etc.