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Boom, Inc. is a video conferencing company that licenses software permitting its users to engage in live video and audio conferencing with multiple simultaneous users. Boom, Inc. started doing business in 2010 and marketed its software to businesses with offices or clients in many different cities and countries in order to facilitate simultaneous video meetings. Boom, Inc. registered its trademark BOOM! with the Patent and Trademark Office in 2011. Boom, Inc. had annual revenues ranging between $4,000,000 to $5,000,000 between 2010 and 2020. Commencing in March 2020, with the onset of the Covid pandemic, Boom’s revenues multiplied substantially. Boom also received significant press coverage in the early stages of the pandemic, as it became one of the resources utilized by numerous educational institutions throughout the United States to provide remote instruction.
Ka-Boom, Inc. was formed in April 2021. Ka-Boom, Inc. is a video messaging company which allows users to record and then send video messages to others. Unlike Boom, Inc., which provides a synchronous format, Ka-Boom’s format is asynchronous. Messages are recorded and the recipient can view the messages at whatever time they choose, much like a video email. Ka-Boom, Inc. began using the trademark KA-Boom! Ka-Boom, Inc. was aware of Boom, Inc. and Boom’s registered trademark at the time it started using KA-Boom!
After the rollout of its software, Ka-Boom, Inc. users experienced various problems, including computer crashes and unwanted pop-up ads.
In July 2021, Ka-Boom, Inc. advertised that in just three months, it already had amassed 100 million daily users. In fact, Ka-Boom, Inc. had 100 million daily uses, not users. If a user utilized the software on more than one occasion during a day, each time the software was utilized, it would count as a new se. The actual daily user count was closer to 20 million.
Boom, Inc. found out about Ka-Boom, Inc. when Boom, Inc. began to notice negative reviews of Boom, Inc. appearing on social media sites complaining of computer crashes and pop-up ads, problems that Boom, Inc. had not encountered. Boom, Inc. sent Ka-Boom, Inc. a cease-and-desist letter, demanding that it immediately stop using the KA-Boom! mark. In response, Ka-Boom, Inc. placed a disclaimer in the FAQ section of its website that it was not affiliated with Boom, Inc., and also stated that Boom, Inc. and Ka-Boom, Inc. were not competitors, but were compatible. It also stated that anyone looking for a synchronous platform should choose Boom, Inc. However, Ka-Boom, Inc. continued to use the KA-Boom! mark.
Boom, Inc. brought a lawsuit under the Lanham Act against Ka-Boom, Inc.
Discuss thoroughly all of Boom, Inc.’s potential claims against Ka-Boom, Inc., and all of Ka-Boom, Inc.’s potential defenses. Be sure to address each element of every claim and defense. Who is likely to prevail in this lawsuit? What are Boom, Inc.’s potential remedies if it Wins?
You should rely primarily on our course materials in writing your paper. You may, but do not need to, do outside research. You do not need to provide citations to the original course materials from the Modules. If you quote or paraphrase from a case or linked article, however, you should provide a citation to the case/article.
Problem: Identify all potential claims and defenses given the factual scenario
Integration: Integrate course materials (modules, lectures, discussion, cases, articles) as appropriate to develop a reasoned analysis
Analysis: Demonstrate intellectual depth and mastery of course topics
Writing: Lucid writing. Clear, correct English. Well-edited. Proper APA form.