...Rally Round the Trade Name Rally Round the Trade Name Explain whether or not the fact that Gabby’s surname is Rally gives her the right to use it any way she wishes. In this case Gabby Rally is operating a pizza business under the name Rally Pizza, which is taken from her surname Rally. However, within the same geographical location a car dealership already uses the name Rally Motors. The dealership has been using this name for over forty years and Rally Pizza has just recently opened. The name of the dealership is not associated with the surname of the current owner Herman Hays. Regardless that Gabby’s surname is Rally she is not legally able to use that name in commerce. Her use of the business name Rally Pizza is infringement on the intellectual property of Rally Motor. The Lanham Trademark Act (1949), the Federal Trademark Dilution Act of 1955, and common law provides the legal background protecting the trademarks of business. These acts “protect a company’s ownership rights to the name, logo, or symbol that identifies its products” (Halbert & Ingulli, 2010, p. 342). Section 1114 of the Lanham Trademark Act (1949) states: Any person who shall, without the consent of the registrant use in commerce any reproduction […] of a registered mark in connection with the sale […] of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive; […] shall be liable in a civil action by the registrant for the remedies...
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...RALLY ROUND THE TRADE NAME T G Professor: Christina JG Williams, Esq. Course: LEG 500 December 4, 2011 Explain whether or not the fact that Gabby’s surname is Rally gives her the right to use it any way she wishes. A business owner by the Name of Gabby Rally has opened a pizza shop by the name Rally Pizza. However, within the same geographical location a car dealership already uses the name Rally Motors. The dealership has been using this name for over forty years and Rally Pizza has just recently opened. The name of the dealership is not associated with the surname of the current owner Herman Hays. Regardless that Gabby’s surname is Rally she is not legally able to use that name in commerce. Her use of the business name Rally Pizza is infringement on the intellectual property of Rally Motor. The Lanham Trademark Act (1949), the Federal Trademark Dilution Act of 1955, and common law provides the legal background protecting the trademarks of business. These acts “protect a company’s ownership rights to the name, logo, or symbol that identifies its products” (Halbert & Ingulli, 2010, p. 342). Section 1114 of the Lanham Trademark Act (1949) states: Any person who shall, without the consent of the registrant use in commerce any reproduction of a registered mark in connection with the sale of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive; shall be liable in a civil action by the registrant...
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...bill of rights unlike the US the UK and others. To aid in the resolution of conflicts. To promote fairness, order and stability in society. To promote desirable social and ecconomice behaviour (capitalist democracy) * concepts such as morality and justice influence the law but do not determin it. To represent the “will of the people” (through voting in referendums). ENTERTAINMENT (AND MEDIA) LAW AND LAWYERS. Record or publishing agreements related to music and other assignable licensable works under the copyright act 1968. Film production agents. Trade mark patent, or design applications mad to IP Australia Negotiations between artists and their employers (publishers, advertisers, touring companies). INTITUTIONS OF THE AUSTRALIAN LEGAL SYSTEM PARLAMENT – creates the law * State and Territory Parliament, Federal Parliament (Canberra) THE COURTS – Apply the Law * Tribunals (e.g. Consumer Trade and Tenancy Tribunal) * Administrative bodies (e.g....
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...means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colors. "A trademark includes any word, name, symbol, or device, or any combination thereof, adopted and used by a manufacturer or merchant, to identify his goods and distinguish them from those manufactured or sold by others. The primary purpose of a trademark is to ‘distinguish the goods of one person from another’19 Therefore a trademark enables a consumer to identify the goods and their origin. Hence in case, if an advertiser uses a competitor’s trademark to make a comparison between his goods and those of his competitor, and in the process disparages them, then such an act on the part of the advertiser would not only invoke issues related to comparative advertising and product disparagement, but would also invoke issues related to trademark infringement. Object of Trade Mark IS to deal with the precise nature of the rights which a person can a acquire in respect of a TM-The mode of acquisition of such rights -the method of transfer of those rights to others-the precise nature of infringement of such rights-and the remedies available in respect thereof. Functions of a Trade Mark 1. It identifies the product of its origin 2. It guaranties its unchanged quality 3. It advertises the products 4. It creates an image for products. What is a good Trade Mark ...
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...Automotive Memorandum To: Management From: Learning Team A Date: 3/13/2011 Re: Automotive Tangible and Intellectual Property Issues I. Relevant Tangible and Intellectual Property Issues in the Automotive Industry Relevant Tangible property issues in the automotive industry are vehicle systems design, manufacturing techniques, features, and parts. Ford is currently being sued by Paice LLC for the use of a hyper drive system that is being used in a number of Fords hybrid vehicles. Paice believes that they own the patient on the drive system (Slind-Flor, 2010). Relevant intellectual property issues in the automotive industry are trademarks, service marks, copyrights, patents, concept drawings and trade secrets. For example, the name and logo Ford uses is intellectual property of Ford Motor Company. Trademarks can be registered in 10-year terms. The trademark can be renewed unlimited times in 10 year intervals (Cheeseman, 2010, p. 120). II. Legal Issues Facing the Company From Tangible and Intellectual Property Issues Legal issues facing the automotive industry concerning tangible and intellectual property include analyzing and prosecuting patents, protecting confidential information by creating and executing non-disclosure agreements as well as the ability to create identification and protection of products through intellectual property (Foley Lander Attorney at Law, p 2, n.a.). A company must be able to...
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...(BUSN 3401) FALL SEMESTER (2012) This assessment contributes to 15 % of the final mark. Submission Date: December 12th 2012 by 2pm Note – * Late submissions will be penalized by 5% per day. * Assignments should be word-processed as per the instructions given. OUTLINE OF ASSIGNMENT: The assigned task is to analyse the international business environment impacts on a representative company (focal firm) in a particular industry. The report must trace the global environment impacts on the representative company. The company may be a locally owned enterprise or a subsidiary operation. It is expected that you will consult firstly newspapers, trade/industry reports, and magazines such as The Economist, Commerce, Business Week, Fortune, etc to identify international business trends, forecasts and changes. * A possible outline that includes major topics for your report is: * 1. Introduction 2. Political Environment (political system, structure, political parties, political risk) 3. Legal environment (legal system, legal issues in international business, legal risk) 4. Economic environment (economic system, main products and services, economic risk) 5. Monetary environment (currency system, currency risk) 6. Trade environment (major exports/imports, main trading partners, regional economic integration, tariff and trade barriers, government incentives for conducting business there) 7. Cultural analysis...
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...Environment (BUSN 3401) FALL SEMESTER (2012) This assessment contributes to 15 % of the final mark. Submission Date: December 12th 2012 by 2pm Note – ▪ Late submissions will be penalized by 5% per day. ▪ Assignments should be word-processed as per the instructions given. OUTLINE OF ASSIGNMENT: The assigned task is to analyse the international business environment impacts on a representative company (focal firm) in a particular industry. The report must trace the global environment impacts on the representative company. The company may be a locally owned enterprise or a subsidiary operation. It is expected that you will consult firstly newspapers, trade/industry reports, and magazines such as The Economist, Commerce, Business Week, Fortune, etc to identify international business trends, forecasts and changes. A possible outline that includes major topics for your report is: 1. Introduction 2. Political Environment (political system, structure, political parties, political risk) 3. Legal environment (legal system, legal issues in international business, legal risk) 4. Economic environment (economic system, main products and services, economic risk) 5. Monetary environment (currency system, currency risk) 6. Trade environment (major exports/imports, main trading partners, regional economic integration, tariff and trade barriers, government incentives for conducting business there) 7. Cultural analysis (cultural determinants...
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...there is any intrusion on another trade name used by another business. As an example of how the court would verify this kind of situation, in the case RICHARD STORE CO. v. RICHARD'S WAREHOUSE SALES & AUCTION GALLERY, Inc. The Supreme Court affirmed in part and reversed in part a lower court decision that enjoined defendant from using the name "Richard" in its advertisements or to use it to acquaint the public with its goods or merchandise. The court held that the decree should have gone further and prohibited defendant from performing any act of advertising that would directly or indirectly represent to the public that plaintiff and defendant were affiliated. (63 So. 2d 502; 1953 Fla) In reference to the Gabby’s case, Gabby cannot use the name Rally’s as she wishes even though it is her surname. It is important to verify if any business in the local area is using that trade name. Of course she would be able to keep the legal name but always with a choice to change to a fictitious name if needed. It is required on all government forms and applications the use of a legal name of any business including applications for employer tax ID, licenses and permits. This legal name does not reflect on the name that the business wants to use on its regular operations. To use a different name a business should have a fictitious name registered with the local government agency. As explained by SBA.gov, 2011 “A fictitious name (or assumed name, trade name or DBA name, which is short...
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...Russia In Russia, the state registration of the trade mark by the Federal Institute of Industrial Property - structural unit Rospatent. It is necessary in order to secure the exclusive right to use the name and logo. In addition, registration makes illegal use of your trademark competing organizations. After the registration of the trade mark is made, the use of the company name, mark or logo without your consent is considered an administrative (and in some cases criminal) offense. Registration of a trademark consists of two phases: Preliminary analysis of the trademark Registration of a trademark Preliminary analysis of the trademark. A trademark can be of three types: verbal, visual and combined. Name Services Basic Prices accelerating the timing Prices Analysis of verbal designation 32 days From 2000 rubles From 5 days From 5000 rubles Analysis of visual symbols 32 days From 4000 rubles From 5 days 10,000 rubles Analysis of the combined notation 32 days From 6000 rubles From 5 days From 13,000 rubles Expenditure on legal costs: Search verbal designation 30 days 3000 rubles 5days 9,000 rubles Search visual notation 30 days 7500 rubles 5 days 22 500 rubles Search combined notation 30 days 10 500 rubles 5 days 31 500 rubles Registration of a trademark Term Price From 12 months 15 000 Expenditure on legal costs: Formal examination of 2,000 rubles ...
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...Introduction Generally, e-business (electronic business) is running a business on the internet. It is not only buying and selling but also providing services to customers and collaborating with business partners. The first one using this word was IBM when it launched the thematic campaign around the term in October, 1997. Recent years, many companies are rethinking their business in terms of the new culture of the Internet and capabilities. They are using the Web to buy supplies from suppliers, to make sales promotions, and to do the marketing research. In order to understand the moral, ethical and legal issue, it’s necessary to fully understand the advantages and disadvantages compared to the traditional business (The Economist, 2000b). For the buyers, the main advantage is the sale price will be 9% - 16% lower than in brick-and-mortar store (Varian, 2000). Other factors such as vast goods and services offering are also benefits. However, there is a drawback for some people; the cheaper prices are superficially an advantage because online shopping could not provide them with a gratifying social contract. For the seller, there are two significant advantages which should not be forgotten. It can allow interactive communication among user and distance-collapsing. Companies do not have to pay for the higher rent for the retail stores and warehouses. Most e-business companies use the computer to cut the cost of employees’ wages. Companies do not have to wait for cash as they...
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...various forms of franchises. 2. Describe the rights and duties of the parties to a franchise agreement. 3. Identify the contract tort liability of franchisors and franchisees. 4. Define licensing and describe how trademarks and intellectual property are licensed. 5. Describe how international franchising, joint ventures, and strategic alliances are used in global commerce. CHAPTER CONTENTS ISBN 0-558-40229-1 INTRODUCTION TO FRANCHISES AND SPECIAL FORMS OF BUSINESS FRANCHISE FRANCHISE AGREEMENT International Law • International Franchising LIABILITY OF FRANCHISOR AND FRANCHISEE Contemporary Environment • FTC Franchise Notice Case 40.1 • Martin v. McDonald’s Corporation 629 Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues , Seventh Edition, by Henry R. Cheeseman. Published by Prentice Hall. Copyright © 2010 by Pearson Education, Inc. 630 PART VIII BUSINESS ORGANIZATIONS AND ETHICS LICENSING JOINT VENTURE STRATEGIC ALLIANCE Contemporary Environment • Franchisor and Apparent Agency TERMINATION OF A FRANCHISE Case 40.2 • Dunkin’ Donuts of America, Inc. v. Middletown Donut Corporation “It has been uniformly laid down in this Court, as far back as we can remember, that good faith is the basis of all mercantile transactions.” —Judge Buller Salomons v. Nisson (1788) INTRODUCTION TO FRANCHISES AND SPECIAL FORMS OF BUSINESS...
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...Major Abhishek Major Abhishek Group 9 Ayush Agarwal G002 Pratik Bhatia G008 Ashish Chandorkar G011 Shwetabh Chandra G012 Dhagash Desai G015 Joy Francis G017 Prateek Gupta G030 Group 9 Ayush Agarwal G002 Pratik Bhatia G008 Ashish Chandorkar G011 Shwetabh Chandra G012 Dhagash Desai G015 Joy Francis G017 Prateek Gupta G030 Intellectual Property Rights Intellectual Property Rights Contents Patents Act, 1970 5 Objective of the Patents Act, 1970 5 Types of patents granted in India 5 Inventions which are not patentable under this Act 5 Case Law – Novartis AC vs Union of India 5 Process of Obtaining a Patent 6 Form of Patent Application 6 Provisional and Complete Specification 7 Amendment of application and specification 7 Publication and Examination of Applications 7 Grant of Patent 7 Opposition to Grant of Patents 8 Provisions for Secrecy of Certain Inventions 8 Surrender and Revocation of Patents 8 Revocation of patent in public interest 9 Revocation of patent relating to atomic energy 9 Register of Patents 9 Rectification of Register by Appellate board 9 Register to be open for Inspection 9 Assignment of patents 9 Registration of assignments, transmissions, etc 9 Power of Controller of Patents 9 Power of controller in respect of evidence 9 Working of patents 10 Compulsory Licenses 10 Revocation of patents by the controller for Non-Working 10 Termination of Compulsory License 10 Use of inventions for Purposes...
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...A trademark or trade mark is a distinctive sign or indicator of some kind which is used by an individual,business organization or other legal entity to uniquelyidentify the source of its products and/or services toconsumers, and to distinguish its products or servicesfrom those of other entitiesA trademark is a device which can take almost any form,as long as it is capable of identifying and distinguishingspecific goods or services. A trademark is typically a name, word, phrase, logo, symbol, design, image, soundor a combination of these elements. There is also a range of non-conventionaltrademark comprising marks which do not fall into these standard categories,may therefore be visible signs (e.g. colors, shapes, moving images, holograms,positions), or non-visible signs (e.g. sounds, scents, tastes, textures). The law of trademark deals with the mechanism of registration, protection of trademark and prevention of Thefraudulent trademark. law also provides for the rights acquired by registration of trademark, modes of transfer and assignment of the rights, nature of infringements, penalties for such infringement and remedies available to the owner in case of such infringement. Term/Duration of a Trademark in IndiaThe term of registration of trademark is 10 (Ten) years, butmay be renewed subject to the payment of the prescribed fee,in accordance with the provisions of the Trademarks Act,1999. An application for renewal of a trademark can be filedwithin six months from Constantia...
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...Abstract This paper will identify the various degrees of legal protection BUG must acquire for its intellectual property. Explanation of intentional conflict of law that may affect potential civil liability of Steve and WIRETAP will be discussed along with additional legal issues that may also affect BUG. The six different issues will reveal several torts violated and damages that may be awarded from BUG. Introduction The purpose of this paper is to explain specific, hypothetical scenarios dealing with several legal issues. Bug Inc. electronic products are assembled in foreign countries, currently the products are only distributed in U.S. mainly for the use in surveillance. BUG Inc. is planning to expand the electronic device distribution to international markets. Team C has provided detailed answers and feedback to the six scenarios and different types of legal protections BUG must have for its intellectual property, employment laws, international laws, imprisonment rights, internet law, responsibilities, and manufacturing problems associated with the company’s business dealing in domestic and international courts. These protections are elemental strategic plans allowing the organization to minimize any risks in the international distribution. The Trade Secrets Act has been adopted by many states to protect company’s trade secrets or intellectual property. BUG’s company as designer and manufacturer of electronic devices and own software is protected under the law...
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...GLOSSARY – BLW 301 Segment 1 Chapter 2 Courts and Alternative Dispute Resolution jurisdiction | The authority of a court to hear and decide a specific action. | in personam jurisdiction | Court jurisdiction over the “person” involved in a legal action; personal jurisdiction | in rem jurisdiction | Court jurisdiction over a defendant’s property. | exclusive jurisdiction | Jurisdiction that exists when a case can be heard only in a particular court or type of court, such as a federal court or a state court | alternative dispute resolution (ADR) | The resolution of disputes in ways other than those involved in the traditional judicial process. Negotiation, mediation, and arbitration are forms of ADR. | arbitration | The settling of a dispute by submitting it to a disinterested third party (other than a court), who renders a decision. The decision may or may not be legally binding | mediation | A method of settling disputes outside of court by using the services of a neutral third party, called a mediator | arbitration clause | A clause in a contract that provides that, in the event of a dispute, the parties will submit the dispute to arbitration rather than litigate the dispute in court. | negotiation | A process in which parties attempt to settle their dispute without going to court, with or without attorneys to represent them. | award | In the context of arbitration, the arbitrator’s decision. | concurrent jurisdiction | Jurisdiction...
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