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
Words: 954 - Pages: 4
conducted, but also how we communicate as a whole. This is most evident by the explosion of business transactions flowing through the Internet, changing both business and the method by which business communicate with their consumers. In response, the law is evolving to keep pace with the new avenues of communication, transferring information, and ultimately the new ways of doing business. Staying relevant in today’s every growing e-business environment, requires generating new technology faster to
Words: 475 - Pages: 2
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
Words: 1929 - Pages: 8
Trademarks and Related Property Extracts from Business Law: Texts and Cases by Miller Clarkson A trademark is a distinctive mark, motto, device, or implement that a manufacturer stamps, prints, or otherwise affixes to the goods it produces so that they can be identified on the market and their origins made known. In other words, a trademark is a source indicator. At common law, the person who used a symbol or mark to identify a business or product was protected in the use of that trademark
Words: 2994 - Pages: 12
Trademarks.Federal law defines a trademark as a word, name, symbol, de-vice, or any combination adopted and used by a person to identify and distinguishgoods, including a unique product, from another’s goods and to indicate the source ofthe goods. A trademark indicates that goods carrying that mark all come from onesource. A trademark or trade name gives the owner the exclusive right to use a word ordevice to distinguish a product or a service (see Illustration 3-1 for a sample trademarkviolation
Words: 413 - Pages: 2
TRADEMARKS AND LICENSING Introduction Trademarks are images that companies use to identify a product, service, or brand. Companies retain intellectual property in the creation of images that represent the company in commercial venues. A license is a privilege to use the intellectual property of another person or company in a meaningful way. Licenses can be permanent, temporary, or representative of another type of property interest. In this topic, you will be learning about: · Trademarks ·
Words: 1924 - Pages: 8
the law. The police will not do much about it because counterfeit software and products provide the people of China with affordable necessity. On the other hand, Intellectual property is heavily protected in the U.S. By filing Patent, Copyright or Trademark individuals are able to protect their property and have the right to sue people are producing their products. The Federal Fraud Department is in charge of investigating these cases. China’s police force is not able to do enforce the laws in the
Words: 1865 - Pages: 8
Walmart Stores, Inc. vs. Samara Brothers, Inc. : Commercial Law 1. Summarize the facts associated with Walmart Stores, Inc. v. Samara Brothers, Inc. Samara is a manufacturer of children's clothing. The core of Samara's business is its line of spring/summer seersucker children's garments. Wal-Mart is a national chain of retail stores which sells a variety of items, including children's clothes. In 1995, Wal-Mart contracted with Judy-Philippine
Words: 2260 - Pages: 10
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
Words: 517 - Pages: 3
avenues of Congressional power, and judicial enforcement. Proponents of strong laws that help protect owners of intellectual property rights, rely on the holding in Eldred v, Ashcroft. While naysayers of stronger laws rely on the decision in Feist v. Rural Telephone, where the Court decided that works, which lack originality and creativity, do not rise to the same level of protection afforded to violators of copyright law. This study will examine the scope of constitutional challenges that may affect
Words: 679 - Pages: 3
