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Assume that Gentlemen’s Quarterly is a monthly magazine that focuses on men’s fashion and style. It is sometimes referred to as “GQ” for short. The magazine has been around since 1931 and has been called “Gentleman’s Quarterly” since 1957. But, the company has not registered “GQ” as its trademark.
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In 2014, another magazine took to the vendor shelves that focused on hygiene and prevention of diseases. The magazine called itself “Germs Quarantined” and in the top left corner on the front cover, ran a slightly interlocking “GQ,” which is similar to the Gentleman’s Quarterly design. Gentleman’s Quarterly sues Germs Quarantined, claiming that the latter’s use of the interlocking GQ is an infringement on their trademark.
Using any federal case and/or statutory law that you care to, please analyze the strength, or lack thereof of, of Gentleman’s Quarterly’s claim and assess whether you think they will prevail in the lawsuit. As always, please make sure to back up your arguments with appropriate legal authority.
An IRAC-style essay is appropriate for this assignment.
