Trademark Infringement
Question A
Dan is unhappy with the service that he received from Roto-Rooter Corporation, and has established a domain name called www.rotorooterscam.com. The website offers critical commentary about Roto-Rooter and asks users to submit their opinions about Roto-Rooter. Is Roto-Rooter, the owner of a federal registration for ROTO ROOTER®, likely to prevail in a trademark infringement case? Discuss.
Question B
Tony owns a CTM registration for OCCASIONS but has only used the mark in Belgium. May Tony's mark be cancelled for nonuse in the countries in which the mark has not been used? Discuss.