Law for Business 12th Edition by James Barnes,Terry Dworkin,Eric Richards

Exercise 5

Mars Sales Company and Berner International Corporation compete in the production and sale of devices that use a barrier of moving air directed across an open doorway or other opening for temperature and insect control. These devices, which were first manufactured in the United Kingdom under the name air curtains, originally were marketed in the United States under that name by Berner. When Mars began selling air curtains, it coined and adopted the term air door to distinguish its device from others on the market. When other manufacturers used air door in connection with or on their products, Mars objected and the companies refrained from using the name. Soon thereafter, Mars learned that Berner had begun using air door in the promotion of its products. How will a court decide whether it should order Berner to refrain from using the term air door?