Tammel's father established and trademarked his McDonalds Drive Inn business in 1962.He passed its ownership to her when he retired.The McDonalds franchise and its golden arches came into existence 20 or so years later.Eventually,a McDonalds franchise opened in her small city.Tammel was approached to discuss the legalities of the confusing business names.As a result of this unintentional conflict,which of the following would be the most favourable and likely outcome for Tammel and her business?
A) As the first to register the name, Tammel will be entitled to carry on as is.
B) She can be compensated for having to re-establish her corporate identity.
C) She can sue for trademark infringement and the tort of passing off.
D) The registrar of the corporations branch will dissolve Tammel's company.
Correct Answer:
Verified
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