Assignment task:
Rock and Roll restaurant will win the case. This is because Rock and Roll restaurant will be able to show that the trademark has been infringed. A trademark includes any distinctive word, symbol, or design that helps to identify the manufacturer and distinguish their product from others. To succeed in the lawsuit for trademark infringement, the owner of the trademark must show that the use of the mark by the other party has created a likelihood of confusion about the defendant's goods or services. Trademarks that are deemed sufficiently distinctive from the competing trademarks will be protected. Hence Rock and Roll need to prove that the trademark they have used to distinguish their product from others is distinctive from others. Both Bob's and Rock and Roll-themed restaurants use the logo with a yellow circle with red lettering for the name of the restaurant. Hence as the first user, Rock and Roll-themed restaurant owns the trademark and they need not show that the infringer has acted intentionally or that the trademark was registered. As both are in the restaurant industry, the use of the logo and the name would create a likelihood of confusion for the customers. Hence Rock and Roll will win the lawsuit. The most common remedy for trademark infringement is an injunction to prevent further infringement and after successfully proving infringement, the trademark owner will be able to recover actual damages plus the profit wrongfully received by the infringer through the use of the trademark. Hence Rock and Roll restaurant would succeed in obtaining temporary injunction during litigation, permanent injunction through judgment, and money damages representing all profit the Hardtack Café has earned during its existence.