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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:

Action Potential

A temporary reversal of an electric charge across the membrane of a nerve cell (neuron), allowing for the transmission of nerve impulses.

Axon Membrane

The lipid bilayer covering an axon, critical in maintaining the electrical potential and facilitating the conduction of nerve impulses.

Positively Charged Ions

Atoms or molecules that have lost one or more electrons, resulting in a net positive charge.

Synaptic Gaps

The tiny spaces between neurons, across which neurotransmitters are released to facilitate neural communication.

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