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Tammel's Father Established and Trademarked His McDonald's Drive Inn Business

Question 24

Multiple Choice

Tammel's father established and trademarked his McDonald's Drive Inn business in 1962. He passed its ownership to her when he retired. The McDonald's franchise and its golden arches came into existence 20 or so years later. Eventually, a McDonald's franchise opened in Tammel's small city. Tammel was approached to discuss the legalities of the confusing business names. As a result of this unintentional conflict, what 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.

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