Alpha Software, Inc., announced a new computer operating system to be marketed under the name McSoftware. McDonald’s Corp. wrote Alpha a letter stating that the use of this name infringed on the McDonald’s family of trademarks characterized by the prefix “Mc” attached to a generic term. Alpha claimed that “Mc” had come into generic use as a prefix and therefore McDonald’s had no trademark rights to the prefix itself. Alpha filed an action seeking a judgment from the court that the mark McSoftware did not infringe on McDonald’s federally registered trademarks or its common law rights to the marks and that its use would not constitute an unfair trade practice. What factors must the court consider in deciding this issue? What will be the probable outcome of the case? Explain.
