Question

Based on the information provided in the article reprinted below from the Concord Monitor, use legal and/or economic reasoning to explain whether you believe Honey Bee Donut Shop should be granted trademark protection.

Three donut shops, one war of words

Honey Bee frustrated by Honey Dew

By SUSAN MORSE

Portsmouth Herald

SEABROOK - The owner of the mom-and-pop Honey Bee Donut Shop on Lafayette Road in Seabrook is upset a Honey Dew Donuts is being allowed to open down the street.

Competition doesn’t bother him, said Honey Bee owner Phil Englehardt, who has run his shop across the street from Dunkin’ Donuts for years.

But the similar names should be considered an infringement of his trade name, he said.

Englehardt registered the name Honey Bee with the secretary of state’s office in 1978, he said.

Honey Dew Donuts, a chain of donuts and coffee shops out of Braintree, Mass., has been in business for 32 years and has also registered its name in New Hampshire.

Honey Bee was first, according to Englehardt, Honey Dew owner Richard Bowen offered him $1,500 to buy the rights to the "Honey" name. Englehardt refused the deal.

Today, Honey Dew is moving in without the benefit of a financial offer to buy the name, Englehardt said.

Honey Dew’s Bowen could not be reached for comment.

Englehardt has complain- ed to the secretary of state, and so far, he said, has gotten nowhere.

Answer 1

Honey Bee Donut Shop should consider legal and economic reasoning to determine if they should be granted trademark protection. The similarity of names and the likelihood of confusion among consumers should be evaluated. Granting trademark protection might restrict competition and innovation in the market.

Step-by-step explanation:

In this case, the owner of the Honey Bee Donut Shop is claiming that the name of the Honey Dew Donuts infringes on their trade name. In order to determine if Honey Bee Donut Shop should be granted trademark protection, we need to consider legal and economic reasoning.

From a legal standpoint, trademark protection is granted to prevent confusion among consumers. The key factors considered are the similarity of the names and the likelihood of confusion.

In this case, Honey Bee and Honey Dew are similar in the sense that both names contain the word 'Honey'. However, they also have distinct differences, such as the use of different animals (bee and dew), and the addition of Donuts to the name of Honey Dew. These differences might be enough to differentiate the two names, reducing the likelihood of confusion among consumers.

From an economic perspective, granting trademark protection to Honey Bee might limit competition and innovation in the market. It could prevent other businesses from using similar names or concepts, even if they have unique differences. This can stifle competition and lead to a less dynamic market.

Overall, based on the legal and economic reasoning, it would be difficult to argue that Honey Bee Donut Shop should be granted trademark protection solely because of the similarity of names. The distinct differences and the potential negative impact on competition and innovation should be taken into account.