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Arizona State University Intellectual Property Case Discussion

 

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KISS-FM Problem: The trademarks have never been registered. In 2001, Sylvester Enterprises began operating a radio station in Los Angeles, California under the name KISS-FM. In, 2010, Sylvester Enterprises opened up another radio station, also called KISS-FM, in Atlanta, Georgia. Foulmouth Enterprises, unaware of the other KISS-FM radio stations, opened up their station, KISS-FM in Miami Florida in 2008, and opened another KISS-FM in Savannah, Georgia in 2009. Can Sylvester Enterprises stop Foulmouth from using the KISS-FM mark in either Miami, Florida, or Savannah Georgia? Why or why not? What other facts would be helpful in answering this question