Reference no: EM133499892
Question: Daniel Hudson, the general counsel of eHarbour, has received a letter from a dissatisfied eHarbour user. The user downloaded the eHarbour app to his phone and used the navigation software to compete in a local regatta. The user claims that the app stopped working during the regatta when he was leading the race and that he ended up placing fourth rather than winning the regatta. An internal investigation shows that the software indeed had a temporary service outage on the day of the race for approximately 10 minutes for selected users. The customer is demanding $100,000, including the $5,000 prize awarded to the first-place winner, and emotional damages in the amount of $95,000 for not winning the race. The company is worried about the bad publicity with a lawsuit but does not want to pay such a large settlement.
Daniel Hudson, the general counsel of eHarbour, has received a cease-and-desist letter from the general counsel at eBay, the popular online seller. The general counsel at eBay has alleged that eHarbour is infringing on eBay's registered trademark. In your role working as a paralegal or legal assistant for eHarbour, discuss whether eHarbour is infringing on eBay's registered trademark under the Lanham Act.
Discuss the likelihood of confusion factors.?
Conduct legal research and cite and analyze one case from the U.S. Court of Appeals for the Eleventh Circuit, where Florida is located, that discusses trademark infringement and likelihood of confusion factors.?
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Discuss the likelihood of confusion factors
: Court of Appeals for the Eleventh Circuit, where Florida is located, that discusses trademark infringement and likelihood of confusion factors
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