Alpha Inc Announces a New Computer Operating System to Be Marketed

question 15

Essay

Alpha Inc. announces a new computer operating system to be marketed under the name McSoftware. McDonald's Corp. asserts that the use of this name infringes on the McDonald's family of trademarks characterized by the prefix "Mc" attached to a generic term. Alpha responds that "Mc" has come into generic use as a prefix and therefore McDonald's has no trademark rights to the prefix. Alpha files an action, seeking a judgment that the mark McSoftware does not infringe on McDonald's trademarks. What factors will the court consider in deciding this issue? What will be the probable outcome of the case? Explain.

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Definitions:

Clifford Beers

An influential figure in the early mental health movement in the United States, known for his autobiography documenting his own mental illness and calling for reform.

Johann Weyer

A Renaissance physician who was among the first to argue against the persecution of witches, viewing them as individuals suffering from mental illness.

Psychopathology

The research into mental health conditions, exploring causes, symptoms, and interventions.

Psychometry

The field of psychology that involves the quantitative measurement of psychological phenomena through tests and assessments.