... Sept 1, 2011 This case is about Rally Round the Trade name. This case tells the story of a pizza parlor owner and a car dealership owner who carry the same trade name. The case will discuss five areas. One, the case will determine if a person has the right to use his or surname any ways they choose to. Two the case will answer if it matters if a person’s name is associated to a franchise or business. Three, what is the importance of a person using their name in a particular geographical area and the time frame will be addressed. Four, the case will give an explanation of a person’s rights when using their trade name will also be discussed. Five, the case will discuss the option a person has when their trade name has been infringed upon. . Explain whether or not the fact that Gabby’s surname is Rally gives her the right to use it any way she wishes. Explain whether or not it if matters that rally is associated with pizza. The name Rally has been used in many different forms all over the United States so this may vary on opinion. For example the name Rally has been utilized for pep rallies, franchises called Rally Burger, and the term rally. In this case, Rally is associated with pizza and automobiles but they are different products, as this will matter in legal terms. As stated later in this case, these products differ but they are not distinctive, because they are totally different products and are not in competition with each other. A trademark has to...
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...analysis of Trademark protection Name Course Institution Date Outline Cost-benefit analysis of Trademark protection Introduction Thesis statement: Trademark protection provides an effective platform for business activities in the marketplace though creating and developing a strong trademark that enhances production of high-quality products. A. Limitations of trademark protection 1. The use of the actual person’s name in the business can cause confusion in the business. 2. Fair use doctrine is another limitation applicable to trademark protection. 3. Import limitation. B. Advantages of trademark protection 1. Trademark reduces the search cost for the customers in the market. 2. Trademarks provide them with the incentive to produce high-quality products. 3. Trademark helps consumers identify the right product they want in the market. 4. Trademarks help the producers to reduce the cost of advertising their products. C. Analysis of the cost benefit 1. Sellers in the marketplace might have the same product that is produced with different companies; however, the goods might be similar but cannot be identical. 2. Trademark protection ensures that every consumer is protected and not overexploited by the sellers. 3. Trademark protection is based mostly on the economic cost-benefit analysis; it considers the trademark as a tool for controlling and regulating communication in the marketplace. D. Economic-based concept of explaining trademark protection...
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...systems, Trade Marks Act, 1999 was enacted repealing the Trade and Merchandise Marks Act, 1958, with the object to provide for registration and better protection of trade marks for goods and services and for the prevention of use of fraudulent marks. Some of the features of the Trade Marks Act, 1999 are: 1. Registration of trade marks for services besides the goods; 2. Not to permit imitations of trade marks; 3. Factors to be considered for defining a well known trade mark; 4. Simplifying the procedure by producing only a single register and simple application for registration in more than one class; 5. Enlarging the scope of permitted use; 6. Providing for enhanced punishments for offences; 7. Providing for Appellate Board. “A trademark is any sign that individualizes the goods of a given enterprise and distinguishes them from the goods of its competitors.” This definition comprises two aspects, which are sometimes referred to as the different functions of the trademark, but which are, however, interdependent and for all practical purposes should always be looked at together. In order to individualize a product for the consumer, the trademark must indicate its source. This does not mean that it must inform the consumer of the actual person who has manufactured the...
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...Re: Case 03-05, Accounting Issues Background Trademark, Inc., a public and growing global corporation, creates, assembles, and disburses their products through four main divisions of their corporation: Greeting Cards and Stationery, Calendars, Party Goods, and Specialty Gifts. Their core business comes from their customers in drug stores and supermarket chains. In the early to mid 1990’s, Trademark saw significant growth in response to their IPO issuance in 1992, however, since 1994, they have seen a flat and ultimate declining growth in their product. Issue Recently, Trademark, Inc. has realized an overstatement in their return of damage goods and are considering halting their previously acceptable return of slow-moving merchandise for a full refund for some larger customers. What potential misstatements, if any, related to the issues identified should Nancy, Trademark, Inc.’s auditor, consider? Analysis (1) Return for Damaged Goods Trademark, Inc. soon realized after shipping products to customers that the customers were displeased with their products. The boxes, in which the products were shipped in, were damaging their products, which in return caused customers to return Trademark, Inc.’s products. In response, Trademark changed shipping companies and fixed this problem for customers, ultimately lowering the amount of returns by customers. Should Trademark, Inc. follow their current company policy estimate of 25% or change to 22%? Option #1: Trademark, Inc...
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...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 hereinafter provided. “Trade names perform many of the same functions of trademarks or service marks by identifying a business, they are not identical, instead serving to identify and differentiate the business entity rather than to associate a good or service with the entity” (Intellect Law Group, 2009, para. 3). A state registration of a trademark is used to protect the...
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...Join the brand (trademark) in 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...
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...“NFL Trademarks By Taylor Salisbury” Have you ever had a product or service that you were proud of and wanted others to know it was you behind it? Well if you have, then having a trademark is the answer to that question. A trademark identifies and distinguishes the product or service of one seller or provider from another. A trademark can range from many different things, including a brand name, word, name, symbol, device, or any combination of these. Also the owner of a trademark can be an individual or a business. The trademark process may be a lengthy process, but the benefits of having a trademark will be worth it. The trademarks that will be focused on are NFL trademarks. The NFL is notorious for guarding its intellectual property rights to the full extent of the law. The NFL has multiple trademarked items, including; any team name or nickname, ”NFL,”AFC”,”NFC”. But the NFL’s most prized trademark has to deal with the Super Bowl. The NFL is very strict when it comes to all its trademarks. The NFL monitors it marketing rights, they watch for; product promotions, media promotions, viewing parties, and Nominative Fair Use. However the NFL does license out its trademarks. Before diving into the NFL trademark policy, will first talk about what a trademark is, how to acquire a trademark, and the advantages of having one. A trademark, according to the trademark office is a “brand name.” It includes any “word, name, symbol, device, or any combination, used or intended to...
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...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 hereinafter provided. “Trade names perform many of the same functions of trademarks or service marks by identifying a business, they...
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...Trademark “Trademark” 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...
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...INTRODUCTION In the eyes of the ordinary consumer, a trademark is the source of identification of a particular good, if someone decides to creake a similar trademark which will confuse the consumer in thinking that the laer trademark is the same as the earlier trademark,a case of trademark infringement has occurred.However,a later trademark can be created which is unsimmilar to an earlier well-known trademark and does not cause a likelihood of confusion in the eyes of the consumer but however is likely to create a mental association between the earlier well-Known mark and the subsequent mark in which case,the repute of the well known mark is affected.This latter case is protected under trademark dilution. Trademark has to do with a recognisable sign or mark which is attributed to an actual source and as a result the owner of a trademark claims exclusive rights to that property identified by the mark. As a result of the above, the owner of a trademark gets protection from the law to prevent another person from using that trademark, this protection is justified in the sense that it protects the creativity of the owner of the trademark so he is rewarded for his investment and the public is not confused to associate another product bearing similar marks with the earlier trademark. Trademark law helps to inform the public about the source of a product,enable differentiation,gurantee quality and helps in advertising, in all,trademark law provides cosunmer with efficient market information...
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...a) Section 15 (1) (b) states that the deemed trading receipts of non-resident corporation are the sums not otherwise chargeable to profits tax, received by or accrued to a person for the use of or the right to use in Hong Kong any patent, design, trademark, copyright material, secret process or formula or other similar property, or for imparting knowledge connected with the use in Hong Kong of any such properties. In the case of CIR V Emerson Radio Corporation, two of the judges were of the view that Emerson HK had used the trademark in Hong Kong by virtue of affixing the mark to goods made in Hong Kong during the manufacturing process. The royalties could be apportioned between those relating to the use of the trademark in Hong Kong and those relating to the use of the trademark elsewhere. To counteract the impact of the CFA’s decision, s15 (1) (b) (a) was enacted. It states that the deemed trading receipts of non-resident corporation are the sums not otherwise chargeable to profits tax, received by or accrued to a person for the use of or the right to use outside Hong Kong any intellectual properties listed in s15 (1) (b), or for imparting knowledge connected with the use outside Hong Kong of any such properties, which are deductible in ascertaining the assessable profits of a person under profits tax. In the case of Lam Soon Trademark Limited v CIR, the CFI held that additional assessments to charge the taxpayer under s14 could be issued even though the taxpayer has...
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...1. Explain whether or not the fact that Gabby’s surname is Rally gives her the right to use it any way she wishes. The fact that Gabby’s surname is Rally, doesn’t give her the right to use the name any way she wishes, especially in commerce. In this case, the name Rally is registered for Rally Motors and protected under the trademark law. Using the name Rally for Gabby’s pizzeria is an infringement of the trademark law. Trademarks are an intellectual property that grants the exclusive rights to the owner and governed by state and federal law in the U.S. In order to serve as a trademark, a mark must meet one of the requirements as follow: • Arbitrary or fanciful mark Mark has to bear no logical relationship to the underlying product. • Suggestive Mark Mark has to evoke or suggest a characteristic of the underlying goods. • Descriptive Mark Mark has to directly describes, rather than suggests, a characteristic of the underlying product. • Generic Mark Mark has to describe the general category to which the underlying product belongs (Harvard Law, n.d.). Rally is the mark that bears no logical relationship to the car dealership services and products. Therefore, Rally is categorized as arbitrary or fanciful mark. 2. Explain whether or not it matters that Rally is associated with pizza. The point to this question is will it be any effects of the association of Rally trade name, who is an auto dealership, to a pizza shop; is there any marketing benefit for the pizza...
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...Globalization @ SAP Globalization Drives Business SAP Globalization Services Erik Törnqvist, LPM for ERP Financials, Sweden Agenda 1 2 3 4 Globalization @ SAP and Globalization Services Globalization Strategy Internationalization Localization 5 6 7 © Translation Service Offerings Highlights / Case Studies 2012 SAP AG. All rights reserved. 2 Agenda 1 2 3 4 Globalization @ SAP and Globalization Services Globalization Strategy Internationalization Localization 5 6 7 © Translation Service Offerings Highlights / Case Studies 2012 SAP AG. All rights reserved. 3 Business Trends That Foster SAP’s Value Proposition 1 Customers don’t want a product, they want to get a job done. 2 Growing speed and scope of global change. SAP offers the best solution portfolio to leverage these trends. With SAP, companies are ready for: Innovation at the speed of each business Transformation from built-to-last enterprises to built-to-adapt business networks Performance optimization closed loop from strategy to execution and back again The challenges of a globalized economy © 2012 SAP AG. All rights reserved. 4 Globalization @ SAP Facts and Figures Globalization is a key differentiator for SAP in a competitive market Global customer base in >140 countries > 60 country version covering legal requirements delivered 39 languages delivered for various solutions ~ 1100 persons are working on globalization topics Strong commitment to customers ...
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...TRADEMARKS IN UAE By What is a Trademark? A trademark is a reference that is shaped in a unique figure in order to differentiate the products created or services provided by a company from the products manufactured or services offered by another company. Amid the types of trademarks are texts, letters, numerals, illustrations, colors, sketches, shapes, logos, icons, or a combination of any of the previous. Audio trademarks (sounds) and olfactory trademarks (scents) can also form trademarks. Introduction Trademarks are regarded as a process of warranty for both the product and the consumer as they stop the confusion between products carrying specific trademarks with similar manufactured that have a different trademark as well to building trust in the products. Producers began using trademarks in order to categorize their products among the increasing sets of goods and merchandises and the emergence of like products. Producers also intend to perfect their producing in order to retain their customers and the quality of their products which assures their endurance against the competitors. Trademarks also play a significant role in promoting and publicizing policies that companies respect whether to upgrade themselves, their services or their goods. These trademarks assist in one way or another in motivating the customers and companies to effectively compete in order to maintain quality and make continuous improvements that secure a good reputation and exposure. History...
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...want to take them. Creators have gone to great measures to protect their works. One famous, extreme case of this is of Shah Jahan, the emperor who built the Taj Mahal. Folklore has it that the emperor had the hands of his craftsmen cut off so that they could never create another monument such as that one. In today’s world we have laws to protect all types of intellectual property. Intellectual property is divided into four parts: patents, copyrights, trademarks, and trade secrets. A patent is defined as a government authority to an individual or organization conferring right or title, especially the sole right to make, use, or sell some invention. It grants property rights on inventions and excludes those other than the patent holder from making, selling, or using the invention. There are three types of patents: utility, design, and plant. A utility paten is the most common type and covers any process, machine, article of manufacture, or composition of matter. A design patent covers any new, original, and ornamental design for an article of manufacture. A plant patent covers any new variety of asexually produced plant. A design patent lasts 14 years while a utility or plant patent lasts 20 years. To obtain a patent, the application process is complication and expensive. There’s a famous patent infringement war between Motorola Mobility, Inc. and Apple Inc. One particular case took place in the United States District Court of the Southern District of Florida and started in November...
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