This paper sought to 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 does not give her exclusive right to use it any way she wishes. Thus, for her to use the name as her trademark she has to consider several factors other than the fact that it is her own name. However, Gabby has the right to choose any name for her Pizza business as long as it does not infringe on another person’s trade name. Nonetheless, it should be noted that not every trade name that is similar to an existing trade name may result liability for infringement. In this regard, the law may not prohibit two unrelated businesses from using a similar trade name. However, this may only be the case when the coexistence of the two trade names does not result to any risk of confusion among the public. Thus, this means that two unrelated businesses may be use a similar name as much as the above mentioned condition is upheld. For instance, Gabby operates a pizza business whereas Herman operates a car business. The two businesses are not related in any way. Therefore, on the premises of the fact that two unrelated businesses may use a similar name, Gabby may not be prohibited by the law to use the name her surname, Rally for her pizza business, notwithstanding the fact that Herman’s car business goes by a similar name. However, it is apparent that, her use for the name Rally causes confusion among the public. People end up making their pizza orders using the telephone numbers of Rally motors. ...Show more
This discussion presents an attempt to analyze the case involving Gabby and Herman with regards to the use of a similar name, Rally, for their pizza and car businesses respectively. Usually, the right to use a specified trade name is instituted by priority of adoption…
According to the paper, the laws, pertaining to the intellectual property protection, can be observed to encourage innovation in the developed economies. On the other hand, it is likely to create negative impacts on the dependent developing economies due to the effect of globalization and international trade relations.
The term “trade dress” refers to the non-functional aspect of a product usually found in its packaging or the design of the product itself. It includes features such as shape, size, color, textures, designs and the manner by which words are arranged on the product.
But, a major challenge they face is to protect intellectual property as it has become a growing trend that small-baby fake companies in other countries more often counterfeit world-class brands, copyrights, patents and they market their creations under these intellectual properties.
These concepts are original creations or new improvement on existing concepts. These ideas range from wide areas of: art works, musical ideas, authorship of books, scientific discoveries and innovations and computer innovations. Intellectual rights form one of the fundamental issues in business law.
). Based on the nature, IP can be divided as Industrial property and Copyright. Patents, trademarks and designs, normally come under Industrial property whereas literary and artistic works come under Copyright. This paper analyses the History of intellectual property law, Types of Intellectual property law, Intellectual property law in Australia and My opinions about intellectual property law History of intellectual property law Intellectual property law emerged under the Elizabethan era in the form of royal favours granted by the King or the lord of the land to the introducers of new techniques.
Yet, it is a pragmatic fact that all stand to gain, including China, if it abides by the international desire for respecting intellectual property rights.
The Asian giant like China well understands that foreign direct investments in its economy and infrastructure are utterly propitious for its skilled labor market and its booming economy hungry for latest technologies.
Intellectual rights form one of the fundamental issues in business law. Due to the increasing innovation and integration of ideas into business concepts, it is essential that businesses take a deeper concern into ideas
in State Y. Hence, the Green Chemical’s act constitutes infringement of State Y’s intellectual property laws.
The case indicates that Dr. Klutz Bumpkin, the discoverer of the particular nitrogen-phosphate compound, never patented his
United States, China, and the European Union are some of the huge economies that have taken intellectual property laws very seriously. The US struggles with interpretation of the law as evidenced by a number of cases of intellectual property
21 pages (5250 words)Research Paper
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