John and his family were vacationing in Bora Bora,...

John and his family were vacationing in Bora Bora, Tahiti.[1]  While there, John was exploring the island and came across a spring whose water he found particularly refreshing.  He encouraged his wife, Sally, and his teenage children to drink it as well.  After two weeks of drinking the water from this spring, the teenage children reported that their acne had cleared up. 


John negotiated a lease with the owner of the spring in Bora Bora and began bottling his product under the name Bora Bora Water, with the words inside a shape that resembles the island of Bora Bora and a wave-like design on the W of “Water.”




     Discuss the requirements for receiving trademark protection.


     Discuss the types of trademarks and what type of mark John’s mark would be.


      Assuming John can get trademark protection, discuss what John must/should do to ensure his trademark protection is not lost.

      Could a competitor enter the market and use the name Water from Bora Bora?  Why or why not?

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