Evan plans to open a company named "Maryland" for which her trademark is "M." This trademark in no way resembles the famous McDonald's trademark. However, she fears that the latter might think otherwise and sue her in the future. Evan wants to take no risk and hence seeks the court's judgment on the issue. Can she do it?

Question

Business

Logan Vaughn

7 August, 00:16

Evan plans to open a company named "Maryland" for which her trademark is "M." This trademark in no way resembles the famous McDonald's trademark. However, she fears that the latter might think otherwise and sue her in the future. Evan wants to take no risk and hence seeks the court's judgment on the issue. Can she do it?

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Schultz · Answer 1

Yes, she can do it under state and federal declaratory judgment statutes.

Explanation:

As Evan is planing to open a company named "Maryland" for which her trademark is "M." This trademark in no way resembles the famous McDonald's trademark. However, she fears that the latter might think otherwise and sue her in the future. Evan wants to take no risk and hence seeks the court's judgment on the issue. She can definitely do it under state and federal declaratory judgment statutes. Federal declaratory judgement doesn't give any kind of orders or actions need to be taken, it is basically the legal determination given by court to solve legal ambiguities for the litigants. As here in this scenario, it will be best option which Evan can use.