In this regard McDodgy has various defenses as stipulated by the law. McDodgy established his business as SpuEx which is different from FedEx. The two companies deal with totally different issues. FedEx being an international deal with freight issues while SpudEx was to provide delicious hot French fries. Therefore there is likely to be no confusion caused to both customers as they deal with different business. This is evident from Victoria case where the court held, "
The record in this case establishes that an army officer who saw the advertisement of the opening of a store named "Victor's Secret" did make the mental association with "Victoria's Secret," but it also shows that he did not therefore form any different impression of the store that his wife and daughter had patronized. There is a complete absence of evidence of any lessening of the capacity of the Victoria's Secret mark to identify and distinguish goods or services sold in Victoria's Secret stores or advertised in its catalogs. The officer was offended by the ad, but it did not change his conception of Victoria's Secret. His offense was directed entirely at petitioners, not at respondents. Moreover, the expert retained by respondents had nothing to say about the impact of petitioners' name on the strength of respondents' mark. (Wardman 2002)
Section 1055 of the Lanham Act clearly specifies that "where a registered mark or a mark sought to be registered is or may be used legitimately by related companies, such use shall there to the benefit of the registrant or applicant for registration and such use shall not affect the validity of such mark or its registration, provided such mark is not used in such manner as to deceive the public. If for first use of a mark by a person is controlled by the registrant or applicant for registration of the mark will respect to the nature and quality of the goods or services, such first use shall inure to the benefit of the registrant or applicant, as the case may be" (www.bitlaw .com)
McDodgy can rely on the fact that the trademark in contention is not famous and that the clients of FedEx will not be deceived by the use of such trademark by him. Given the nature of goods and services provided by McDodgy's business and that of FedEx then clients of FedEx are unlikely to be confused. The point however, is McDodgy's use of trademark is not an