Has Elvis been spotted again? Answer the questions of the problem? Elvis Presley
ID: 355181 • Letter: H
Question
Has Elvis been spotted again? Answer the questions of the problem? Elvis Presley Enterprises, Inc. (EPE) owns all the trademarks of the Elvis Presley estate. None of these marks is registered for use in the restaurant business. Barry Capece registered "The Velvet Elvis" as a services mark for a restaurant and tavern in the U.S. Trademark and Patent Office. Capece opened a nightclub called "The Velvet Elvis" with a menu, décor, advertising, and promotional events that evoked Elvis Presley and his music. EPE filed suit in a federal district court against Capece and others, claiming, among other things, that "The Velvet Elvis" service mark infringed on EPE's trademarks. During the trial, witnesses testified that they thought the bar was associated with Elvis Presley. Should Capece be ordered to stop using "The Velvet Elvis" mark? Why or why not? [Elvis Presley Enterprises, Inc. v. Capece, 141 F.3d 188 (5thCir. 1998)] VISExplanation / Answer
As per given case study, it is very clear that Bary Capece has tried to get commercial gains while invoking or using the brand name and value of EPE (Elvis Presley Enterprises). All the witnesses who were examined in the court of law also confessed to be mistaken by the name Elvis.
Though EPE has all the rights to file a case against the Barry Capece but as per the trademark and patent laws, if any brand name or trademark is not registered in the appropriate office, then other person is free to use that name as it’s considered as public property or services.
Considering this, if EPE files a case and beg the court to get the due compensation, then court has all the rights to reject their plea as their trademarks and services are not registered anywhere and their trademarks can be used by any third party.
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