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Rally Around the Trade Name

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Assignment # 5- Rally Round the Trade Name
LEG 500
March 10, 2012

1. Explain whether or not the fact that Gabby’s surname is Rally gives her the right to use it any way she wishes.
Gabby’s surname of Rally does not give her the right to use it any way she wishes as it relates to identifying a business. The reason is due to protection under common law and the possibility of infringing on the trade name of Rally associated with cars. Common law advises that a person who first uses a trade name in a specific location for a specific purpose has the rights to the trade name. According to the video Herman has been in business with Rally motors for over 40 years. The surname of Rally may belong to Gabby but it was not associated with a business and used for a specific purpose therefore she does not have the right to use it any way she wishes.
2. Explain whether or not it matters that Rally is associated with pizza.
It does not matter that Rally is associated with pizza to the point of trade name infringement. However under common law it does matter that Rally is associated with pizza. Under trade name laws it protects the owner of the trade name from other individuals using the name to associate with similar goods or services. The distinction here is that pizza and cars and not considered in the same market or industry. In contrast, under common this changes in that it does matter that Rally is associated to pizza as protected under common law. Common law gives precedent to the individual using the name first and specific to a geographic area. According to the video Rally Motors and Rally pizza were in the same geographic location. This can cause confusion to consumers as it did in the video when Rally motors received calls for pizza orders. Trade name common law protects the business to decrease confusion among consumers. Herman having first used the name Rally

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