Question

Sea Coast Café uses the trademark of Tacos del Mar without permission. This use of the mark is actionable as trademark infringement

* the answer is not D*
a.if the use diminishes the distinctive quality of the mark.
b.only if the two companies’ products are similar.
c.if consumers are confused.
d.all of the choices.

Answer 1

Trademark infringement occurs when a company uses another's established trademark in a manner that misleads consumers or dilutes the original trademark's value. In a 2018 case, a court found Choke Canyon's logo to infringe upon Buc-ee's trademark as it caused likely confusion among consumers.

Step-by-step explanation:

The case in question is concerned with trademark infringement, which occurs when a company uses another company's trademark without permission in a way that can cause confusion, mistake, or deception among consumers. This can include the use of a mark that diminishes the distinctive quality of the original trademark or when the products of the two companies are similar, thereby confusing the consumer as to the source or origin of the products.

In the 2018 case involving Buc-ee's and Choke Canyon, the court ruled in favor of Buc-ee's, recognizing that their logo, a smiling beaver, was an integral part of their brand identity and that the Choke Canyon logo—a smiling alligator within a yellow circle—was deceptively similar and likely to cause confusion, thus constituting trademark infringement.