Hawk Corporation begins making and selling motorcycles in 2000 under the mark "Hawk." Ten years later, Hawk, Inc., a different company selling medical equipment and supplies, begins to use "hawk" as part of its URL and registers it as a domain name. Can Hawk Corporation stop Hawk’s use of "hawk"? If so, what must the motorcycle-maker show?

Question

Tdhaynes4012 Tdhaynes4012

10-03-2020
Business

contestada

Hawk Corporation begins making and selling motorcycles in 2000 under the mark "Hawk." Ten years later, Hawk, Inc., a different company selling medical equipment and supplies, begins to use "hawk" as part of its URL and registers it as a domain name. Can Hawk Corporation stop Hawk’s use of "hawk"? If so, what must the motorcycle-maker show?

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lavanyaande lavanyaande · Answer 1 · 2020-03-18T11:34:12+01:00

Hawk corporation can not stop Hawk's use of Hawk because the motorcycles can not be confused with medicines and it will cause any monetary damage.

Explanation:

Trademarks possibly apply if the basic name creates turmoil in the brain of the customer. Since bikes can't be mistaken for clinical gear, the bike producer won't have the option to persuade an appointed authority that there are money related harms.

Subsequently, any endeavor to recuperate harms from the clinical stock organization will be a complete exercise in futility because the other trade mark is used by a firm making medicine which has no link with motorcycles.