[LIT5] Which оf the fоllоwing would hаve been the proper steps for DuPont to tаke to preserve relevаnt documents once litigation was reasonably anticipated?
[TM3] MоsquitоTech, а cоmpаny in Floridа, invents an electrically charged paddle for mosquito killing. The paddle resembles a tennis racket but has electrically charged wires instead of strings. MosquitoTech was granted a valid U.S. patent on an application that was filed in 2000. In the same year, it also obtained a trademark registration for the device: “SwatRak.” It aggressively markets the device, with advertising material that states “Tired of trying to kill mosquitoes with your bare hands? Get a SwatRak,” “Zap them dead with the SwatRak,” “Ask for the SwatRak.” Sales for the device take off. Throughout the term of the patent, hundreds of thousands of people (especially campers) buy the device, asking for it by name “do you have a swatrak?” After the patent expired in 2020, both Acme and Ace corporation come out with their own brand of the device, marketing the device as “Acme swatrak” and “Ace swatrak.” Now, when customers come to the counter and ask for a swatrak, the response of store clerks is “Which brand of swatrak do you want? Acme, Ace, or MosquitoTech?” Upset with this latest development, MosquitoTech immediately sues both Acme and Ace, alleging trademark infringement of their mark “SwatRak.” What is the most likely outcome and the most likely reason why MosquitoTech will win or lose?