Alpha Inc. announces a new computer operating system to be marketed under the name McSoftware. McDonald's Corp. asserts that the use of this name infringes on the McDonald's family of trademarks characterized by the prefix "Mc" attached to a generic term. Alpha responds that "Mc" has come into generic use as a prefix and therefore McDonald's has no trademark rights to the prefix. Alpha files an action, seeking a judgment that the mark McSoftware does not infringe on McDonald's trademarks. What factors will the court consider in deciding this issue? What will be the probable outcome of the case? Explain.

The most important factor in the court's consideration of this issue would probably be the likelihood of confusion if Alpha used the "Mc" prefix. The court might conclude that "Mc" had not come into generic use and reason that consumer confusion was likely if the "McSoftware" name were used. The court might note that McDonald's is the largest single-brand advertiser in the United States. Most Americans are familiar with its logo and its various "Mc" products, and many would be led to believe that McSoftware was affiliated with McDonald's.
To the court, Alpha's use of the name McSoftware would likely appear to be a deliberate attempt to benefit by the goodwill and reputation of McDonald's, and permanently enjoin Alpha from using the name.