Question

Has elvis been spotted again? answer the questions of the problem? elvis presley enterprises, inc. (epe) owns all the trademarks of the elvis presley estate. none of these marks is registered for use in the restaurant business. barry capece registered "the velvet elvis" as a services mark for a restaurant and tavern in the u.s. trademark and patent office. capece opened a nightclub called "the velvet elvis" with a menu, décor, advertising, and promotional events that evoked elvis presley and his music. epe filed suit in a federal district court against capece and others, claiming, among other things, that "the velvet elvis" service mark infringed on epe’s trademarks. during the trial, witnesses testified that they thought the bar was associated with elvis presley. should capece be ordered to stop using "the velvet elvis" mark? why or why not?

Answer 1

The outcome of the case will depend on whether the use of the "the velvet elvis" mark creates a likelihood of confusion with the trademarks owned by Elvis Presley Enterprises, Inc. Witnesses testifying that they believed the bar was associated with Elvis Presley could indicate a likelihood of confusion.

Step-by-step explanation:

The outcome of this case will likely depend on whether the court finds that the use of the "the velvet elvis" mark by Capece creates a likelihood of confusion with the trademarks owned by Elvis Presley Enterprises, Inc. (EPE). When determining likelihood of confusion, courts often consider factors such as the similarity of the marks, the similarity of the goods/services, the sophistication of the consumers, and evidence of actual confusion.

In this case, witnesses testified that they believed the bar was associated with Elvis Presley, which could indicate a likelihood of confusion. Additionally, the fact that the menu, décor, advertising, and promotional events evoke Elvis Presley and his music further supports the argument that consumers may be confused and think there is an association with EPE.

Ultimately, it will be up to the court to weigh these factors and determine whether Capece should be ordered to stop using the "the velvet elvis" mark. The outcome will depend on the specific circumstances of the case and the judge's interpretation of trademark law.