Bus Law 100

Bus Law 100 How would you advise Rita and Robin? Explain your answers. It is a rule that trademark law provides legal protection to names, logos and other devices that are used in marketing. Registration of a trade name or mark that has already been used by another person or a company can be rejected and it may lead to conflicts, which may require assistance from the lawyer (Shilling, 2002, p. 78). Trademark law only offers protection over a product’s name or logos, but business law does not completely guarantee the exclusive use of the name of the business. To achieve full exclusiveness, one has to be the first, be national and alert. According to studies, it is noted that no person or a business can reserve the name of the business fully, and neither can one have the exclusive use of the name. Therefore, in this case, the owner of the ‘Hooters’ cannot make ‘Shooters and Looters’ change their names.  The first ‘Hooters’ restaurant has no power to stop or object Rita and Robin’s ‘Shooters and Looters’ restaurant from using the same name. However, Rita and Robin should be warned against causing any confusion like sending bills to the wrong address or confusing people intentionally. This is because if they do so, they may be sued. They should consider choosing a name for their business that will make them comfortable to use without causing trouble. Rita and Robin should ensure that their worker’s dress code does not resemble the ‘Hooters’ restaurant; they should aim at being unique in all areas of their services. This will ensure that they do not cause confusion to the consumers and that they do not cause or spoil the reputation of the other restaurant under the name of ‘Hooters’. Why do you think it is important for our legal system to recognize trademarks? A trademark is a significant sign created by a person, business, or any legal entity. It is used as an identification on goods and services to the consumers by distinguishing it from other goods and services by other organizations (Lee, 2004, p. 124). It is important for a legal system to recognize trademarks in order to provide protection over the use of symbols, words, design among others that exclusively distinguishes the products or services of an organization. The legal system also helps in preventing unnecessary competition by individuals, business entities or other organizations. The legal system has principles that govern businesses against using trademarks that resemble those of other businesses that may contain the loyalty of consumers. It is also important for legal systems to recognize trademarks so that it can assist in preventing confusion and prohibiting companies from spoiling the marks of other organization. A legal system encourages the proprietor of trademark to establish goodwill for the goods or services and prevent other entities from exploiting the brand. Therefore, for the society to function perfectly economically, it is extremely vital that the legal system recognizes trademark so that all the unfairness in the business sector is prevented, and companies are protected from unnecessary competition. Can you provide an example of a trademark? Why is this trademark valuable to the company that owns it? In the process of identifying what the most valuable asset in the business is, we always fail to recognize the value of the organization’s goodwill. Any organization’s goodwill is recognized through its trademark. Most companies that have good trademarks tend to prosper in all areas of their business and this is because they already won the hearts of their consumers. Trademark is the most attracting force that makes people to return to the organization for more goods and services. MacDonald’s golden arch is the greatest example of an effective trademark. This trademark is valuable to the company that owns it in that when people see those golden arches, they immediately think of MacDonald’s hamburgers. This immediate thought is referred to as the secondary meaning and it is very great for a company to create that image in the consumer’s mind. Many companies spend a great fortune to achieve their brand name recognition (Graeme, 2008, p. 219). It is not an easy task to have a trademark that makes the company or an organization to prosper; it requires hard work and enough resources. Please provide a real world case involving Trademarks. Please state the case name and Issue/Rule/Analysis/Conclusion of the case. Do you agree with the decision in the case, why or why not?  Violation of a trademark agreement An Apple computer was sued by Apple corps for using its logo in the development and operation of Apple computer’s iTunes music store. Apple corps considered this case as violation of an agreement that was made previously over the issue of use logos. The case was scheduled on March 29, 2006 in England before the judge of high court. Apple computer was favored by the rulings of the court. I do agree with the courts decision because some products and services produced by the Apple computer are able to produce fortune for the Apple Corps use. Thus, they all have the right to use Apple corps trademarks. Please provide a statute that deals with trademarks. What is the language of the statute and what is its website. Do you agree with the statute, why or why not? There is a statute of limitations where the Lanham Act does not involve a statute of limitation for bringing an infringement action. Rather, the Legal doctrine of laches is used to assess whether a claim is too late to be brought to court. In this statute, the court looks at whether the plaintiff had knowledge concerning the infringement, if the delays of the plaintiff in enforcing their rights were inexcusable and if by allowing the plaintiff his rights will cause unjustifiable prejudice against the defendant. I totally agree with the statute because it aims at preventing infringement in business entities. The statute aims at protecting business entities and companies from being brought down by others who spoil their reputation through production of goods with brand name that does not belong to them. This is their website http://www.ehow.com/facts_6950195_statute-limitations-trademarks.html What legal mechanism would advise her to use? Explain your answer. The legal advice to Cecilia is that she should report the case in court over infringement of a company’s goods and services. This is because trademark law prohibits any one or any company from using another company’s trademark, name or producing similar products bearing the same names. Whodathunkit, Inc., company used the same logo, produced garments with a label very similar in size, shape, color, and appearance like that of Ceciliander and that is illegal. Elroy’s company was just after spoiling the good reputation of Cecilia’s company, which was known to produce extremely high quality garments. Therefore, Cecil should take action as fast as possible to avoid confusion of the products produced by the companies before it is late. Mike invents a unique and more effective mousetrap. He wants to protect his intellectual property, which legal mechanism would you advice him to use? Explain your answer.  The legal mechanism mike should use is to ensure that he registers his business with the right trademark to avoid future confusion and infringements by other who may wish to invest in the same business. He should carry out proper research about the trademark that he wants to use and ensure that there is no one with a similar name or logo. What legal mechanism would you advise BEERCO to use? Explain your answer.  BEERCO should report the issue to the court after investigations. This will help him get a good direction to follow in order to protect his intellectual property. Do you agree with the court’s decision in the case? Why or why not? I agree with the court’s decision in the case because it aimed at helping prevent confusion that could occur because of damaged reputation and goodwill associated with the coca-cola company. The owner of the trademark that is registered has every right to prevent and protect all other companies from using identical or similar signs for products or services, which are same to those in which the trademark is registered.                   References Graeme, B. (2008). Trademark law and theory: a handbook of contemporary research. New York, NY: Edward Elgar Publishing, pp. 205-245 Lee, T. (2004). Trademarks in the digital age. Chicago: Scarecrow Press, pp. 123-135 Shilling, D. (2002). Essentials of trademarks and unfair competition. USA: John Wiley and Sons. pp. 75-83