In analysis of the information the enactment of the FTDA, courts have struggled for applying the customary for trademark dilution for the reason that of the expansive language used in the law. (Koo, 2004)
Under these laws, initially the Home Specialists should consider talking to the individuals responsible for TechEquip and Homer.com. The fact to ponder upon is when Tech equips registered as Homer. Com, the office did not object them on the name. It is very natural for people at Home Specialists to feel that the Tec equip is using their goodwill somehow. But, it does not really fall into a court case category. Both of the parties should meet up in friendly terms and try and convince and inform each other of any apprehensions if they feel exist. If in the case that Home Specialists drag the latter party to court. Then they would have to prove Tech Equip.'s deliberate attempt to use their goodwill. This would not be of any use. Because if the whole issue would have been objectionable the people at the registrars office would have discussed the same with Tec Equip. The whole case can be deemed as just mere confusion under the FTDA Act.
Ans 2) By Trade dress is actua...
But the fact is, that, there can be an instance of confusion or just mere a mistake.
The trade dress infringement act entails a provision and space that these acts be taken into consideration. Damages should only be awarded in case of the occurrence that Levec Inc, can prove a deliberate attempt by Tarvainen to use their goodwill. Only if they are proven right in their claim should they receive damages.
It is very well possible that in the case of Levec Inc not being able to prove any thing; it might just be considered a fault or a mistake. The Protection in relation of any specific trade dress is comparable as the protection and safeguard of trademarks. Trade Dress Infringement Violation can occur unintentionally also. (Wiemelt, 2003-2006)
Ans 3) the Law 'Act on the Protection of Personal Information' is where this should be categorized.
Article 1, the rationale behind this Act is the safeguard and protection of the civil rights as well as their interests of individuals considering the fact that the personal information can be useful to other parties. Proper handling of this personal information is an essential. Basically all the articles in this act entail the following idea, that the personal information of individuals that are being used by certain business entities, by permission is being used for business purposes. The government has the responsibility of making sure that the business entity in particular should safeguard that data. The state rather is also responsible for safeguarding this information.
According to this act, if the business entity plans to alter the entity handling this personal information, their must be public notifications of such an act. Meaning all should be informed. With