Search for:

Posted on April 11th, 2014, by

Marie Nivelle entered the market of Los Angeles county but faced the lawsuit from the part of Marie Foch, who attempted to protect her registered trademark from the illegal, as she presumed, use by Marie Nivelle. Marie Nivelle sold its products under the brand name Marie’s Louisiana Hot Sauce, while Marie Foch’s registered trademark was Marie’s Cajun Louisiana Hot Sauce. Marie Nivelle expanded her market but she still did not fully enter the market of Marie Foch, since Marie Nivelle operated in Los Angeles county, while Marie Foch operated in San Francisco county. Nevertheless, Marie Foch viewed Marie Nivelle’s product as a threat to the position of her product in the market and filed a lawsuit against the potential rival. However, unlike Marie Nivelle, Marie Foch had registered her trademark, while Marie Nivelle had the unregistered trademark.

Issue: Did Marie Nivelle violate the patent and trademark law and respective rights of Marie Foch?

Rule: The case involves the intellectual property law issues, namely the trademark dilution and the demand of financial compensation.

Application: Marie Nivelle represents a threat to financial and business interests of Marie Foch because she enters the market which is physically close to the market of Marie Foch. Therefore, the latter is likely to suffer from potential financial losses that justifies her demand of financial compensation. On the other hand, Marie Foch has not started operations in the markets, where Marie Nivelle expanded but these markets are physically close that make it impossible to apply the assumption of the physical distance as reasonable for the decline of the plaintiff requirements. Furthermore, the name of Marie Nivelle’s brand is very similar to that of Marie Foch who has only one more word in the name of her brand. However, Marie Foch’s brand is a registered trademark and Marie Nivelle cannot use it without Marie Foch consent. Moreover, the name of Marie Nivelle’s brand may be viewed as a sub-brand of Marie Foch’s brand.

Conclusion: Marie Foch is likely to win the case because she has the registered trademark and Marie Nivelle is operating in markets physically close to Marie Foch’s markets. The key point is that Marie Foch has the registered trademark protected by the law. As she suffers potential financial losses, she may count on certain financial compensation from the part of Marie Nivelle.



Marie Foch started to sell her products in San Diego county, where Marie Nivelle had her own brand and sold its products. Brand names of Marie Nivelle and Marie Foch were similar. Marie Nivelle files a lawsuit against Marie Foch because she believes the latter violated her intellectual property right and trademark right. However, Marie Foch has a registered trademark, which she registered in 1965 and entered the market of Sand Diego in 1970. Nivelle asked to prohibit Foch from using Marie’s Cajun Louisiana Hot Sauce and demanded the compensation of financial damages caused by Foch’s actions.

Issue: Did Foch violate Nivelle’s intellectual property and trademark rights?

Rule: The case involves the intellectual property law issues, namely the trademark dilution and the demand of financial compensation.

Application: Marie Foch has the registered trademark. Marie Nivelle can argue that Marie Foch registered her trademark five years ago and she has the right to use this trademark but this requirement can be met only on the condition that Marie Foch has never conducted her business within the five years term from 1965 to 1970. On the other hand, Marie Foch interferes directly in the area, where Marie Nivelle operates and violates her trademark and intellectual property right but Niveless has not registered her trademark, in contrast to Foch.

Conclusion: Nivelle is likely to lose the case since she has no registered trademark, in contrast to Foch, and she has to prove the authenticity of her trademark.

Posted in Term paper writing | Tagged | Leave a comment

Leave a comment

Your email address will not be published. Required fields are marked *