Flashcards Studio

(a)Identify the rights conferred by registration of a trademark under the Intellectual Property Code in relation to the goods/services for which it is registered. (b)Facts: Celeste Foods, Inc. registers the mark CELESTE for breakfast cereals and granola bars. A rival, NovaSnack Co., thereafter adopts and uses CELESTE for energy drinks and frozen desserts. Discuss whether Celeste’s rights are violated, focusing on (i) the scope of protection of CELESTE in relation to cereals/granola bars versus energy drinks/frozen desserts, (ii) the likelihood of confusion between CELESTE's uses on cereals/granola bars and the rival's energy drinks/frozen desserts, and (iii) the remedies available if infringement is found.