Use would not constitute an unfair trade practice

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McDonald’s had no trademark rights to the prefix itself. Alpha filed an action seeking a judgment from the court that the mark McSoftware did not infringe on McDonald’s federally registered trademarks or its common law rights to the marks and that its use would not constitute an unfair trade practice. What factors must the court consider in deciding this issue? What will be the probable outcome of the case? Explain.

Reference no: EM131134125

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