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George McCoy of Florida has been manufacturing and distributing a cheesecake for more than five years, labeling his product with a picture of a cheesecake, which serves as a background for a Florida bathing beauty and under which is written the slogan ‘‘McCoy All Spice Florida Cheese Cake.'' George McCoy has not registered his trademark.
Subsequently, Leo McCoy of California begins manufacturing a similar product on the West Coast using a label similar in appearance to that of George McCoy, containing a picture of a Hollywood star and the words ‘‘McCoy's All Spice Cheese Cake.''
Leo McCoy begins marketing his products in the eastern United States, using labels with the word ‘‘Florida'' added, as in George McCoy's label. Leo McCoy has registered his product under the Federal Trademark Act. To what relief, if any, is George McCoy entitled?
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