Evan Plans to Open a Company Named "Maryland" for Which

question 3

Multiple Choice

Evan plans to open a company named "Maryland" for which her trademark is "M". This trademark in no way resembles the famous McDonald's Trademark. However, she fears that the latter might think otherwise and sue her in future. Evan does not want to take any risk and hence seeks the court's judgment on the issue. Can she do it?

• A) Yes, she can do it because she wishes to seek the court's opinion.
• B) Yes, she can do it under state and federal declaratory judgment statutes.
• C) No, she cannot agitate an issue that has not yet arisen.
• D) No, she cannot agitate the issue as she knows that the two marks are not similar.

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