...Rally Round the Trade Name Rally Round the Trade Name Explain whether or not the fact that Gabby’s surname is Rally gives her the right to use it any way she wishes. In this case Gabby Rally is operating a pizza business under the name Rally Pizza, which is taken from her surname Rally. However, within the same geographical location a car dealership already uses the name Rally Motors. The dealership has been using this name for over forty years and Rally Pizza has just recently opened. The name of the dealership is not associated with the surname of the current owner Herman Hays. Regardless that Gabby’s surname is Rally she is not legally able to use that name in commerce. Her use of the business name Rally Pizza is infringement on the intellectual property of Rally Motor. The Lanham Trademark Act (1949), the Federal Trademark Dilution Act of 1955, and common law provides the legal background protecting the trademarks of business. These acts “protect a company’s ownership rights to the name, logo, or symbol that identifies its products” (Halbert & Ingulli, 2010, p. 342). Section 1114 of the Lanham Trademark Act (1949) states: Any person who shall, without the consent of the registrant use in commerce any reproduction […] of a registered mark in connection with the sale […] of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive; […] shall be liable in a civil action by the registrant for the remedies...
Words: 1760 - Pages: 8
...Assignment #5 – Rally Round the Trade Name Peggie Lowery Strayer University Law, Ethics, and Corporate Governance – LEG 500 Lynn E. MacBeth, J.D. March 13, 2011 Trade names identify a business and are used in advertising with a business’s customers and the public. A business’s trade name can be different from the legal name of the business and may or may not be trademarked. Most businesses register their trade name through the state to obtain a tax id number. Business names are critical to a business because it can enhance the success of the business. According to common law, the business that uses a particular trade name first has legal right to that name. Common law protection does not require specific filings with the government (Burgum, 2010). Explain whether or not the fact that Gabby’s surname is Rally gives her the right to use it any way she wishes. Gabby does not have unlimited rights to use her surname anyway she chooses. Although Gabby may have filed the proper documents to register her business trade name as Rally’s Pizza with the appropriate government agency to obtain the proper permits, licenses and employer tax ids, she will be subject to trademark limitations since Rally’s Motors has a similar business name in the same geographical area. According to the Small Business Administration, some states require fictitious business names are registered “with the state government or with the county clerk’s office; there are a few states that do not...
Words: 1413 - Pages: 6
...Tracy Adams Assignment 5 Law & Ethics Sept 1, 2011 This case is about Rally Round the Trade name. This case tells the story of a pizza parlor owner and a car dealership owner who carry the same trade name. The case will discuss five areas. One, the case will determine if a person has the right to use his or surname any ways they choose to. Two the case will answer if it matters if a person’s name is associated to a franchise or business. Three, what is the importance of a person using their name in a particular geographical area and the time frame will be addressed. Four, the case will give an explanation of a person’s rights when using their trade name will also be discussed. Five, the case will discuss the option a person has when their trade name has been infringed upon. . Explain whether or not the fact that Gabby’s surname is Rally gives her the right to use it any way she wishes. Explain whether or not it if matters that rally is associated with pizza. The name Rally has been used in many different forms all over the United States so this may vary on opinion. For example the name Rally has been utilized for pep rallies, franchises called Rally Burger, and the term rally. In this case, Rally is associated with pizza and automobiles but they are different products, as this will matter in legal terms. As stated later in this case, these products differ but they are not distinctive, because they are totally different products and are not in competition...
Words: 1414 - Pages: 6
...Rally Round the Trade Name Assignment 5 Angela Jules Strayer University Prof Nashe LEG 500 March 9, 2011 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 has the right to use her surname any way she wishes. You have the right to keep your legal name and use it. In General, it makes no difference whether you are using your real name or any other name for your business. There are many businesses with different names that are not associated with the person what so ever. According to Search for Ancestors, “ A surname, also known as a last name or family name, is a fixed name shared in common with the members of a family and is passed down from generation to generation. The use of a surname is relatively new in history and was adopted in order to legally distinguish two individuals with the same first name.” Regardless of the fact that Rally Motors has been in business for a many years that does not give them exclusive rights. Per Gabby’s conversation with Herman she stated that she has used the Rally name for over 50 years and is using the name for her small business. Her attempt to contact Herman to explain the use of the Rally name was not to harm his business but show her pride with her given name. Herman’s only concern was about how much money he spent on advertisement to gain customers and trust within the community and that he had exclusive rights to the Rally name. With Rally Motors...
Words: 618 - Pages: 3
...Rally Round the Trade Name 1) Explain whether or not the fact that Gabby’s surname is Rally gives her the right to use it any way she wishes. I believe that Gabby has the right to use her surname “Rally” in her pizza business because it’s a different business and is not harming the Rally motor business As long as it’s a different type of business, then Gabby can use the last name “Rally.” Now, if Gabby wants to open up an auto business, she cannot use Rally as the name of the business because it will be confliction with the already existing business. A name or a trademark is what differentiates a business from any other business. Each business name must be unique according to its form or type of business. Just like two corporations cannot have the same name within a state, two auto businesses in the same town cannot have the same name. Gabby cannot use her last name in any way she wishes to. If there already exists a business named “Gabby’s Auto’s” she cannot open another auto shop with that same name. If she were to be allowed to do so, confusion will be created amongst consumers. It would be unclear to which “Gabby’s Autos” one is referring to so she would have to change the name of her business to something else, something more distinguishing that would avoid any kind of confusion. Just because her last name is Rally, it doesn’t give her the right to use it as she pleases. If this were the case, millions of businesses would have the same name worldwide and there would...
Words: 1114 - Pages: 5
...Rally Round the Trade Name TABLE OF CONTENTS Rights of a surname 3 REMEDIES OF INFRINGMENT 5 REFERENCES 7 Question 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 is within her rights to use her surname in any manner she chooses to. This right is backed by the right of publicity law. The right of publicity basically states that an individual has the right to control and profit from the commercial use of his/his name, likeness, and persona (Rich, 2000). However, this matter cannot be easily sided since the owner of Rally Motors has been using the Rally name for his business for the past forty years. The Federal Trademark Dilution Act of 1995 protects a company’s ownership rights to the name, logo, or symbol that identifies its products (Halbert & Ingulli, 2010). As the owner of Rally Motors, Herman Hayes has an economic interest in the business name and a right to protect it from competitors using it for their own benefit that may reflect negatively or cause financial harm to the company. Herman states that he spends three hundred thousand dollars a year in advertisement so people know about Rally Motors. The resources being put into advertising does not clearly state to me that his has sole ownership of the name prohibiting others from using it. So unless Herman successfully filed a trademark application for the exclusive rights to the Rally name, he doesn’t have a legitimate...
Words: 1305 - Pages: 6
...Rally Round the Trade Name Professor Michael S. Green Law, Ethics and Corporate Governance 14 December 2011 1. Explain whether or not the fact that Gabby's surname is Rally gives her the right to use it any way she wishes. Since Gabby's surname is Rally it does not give her the right to use the name Rally as the lead name of her business. The Lanham Trademark Act which has a subsidiary division called the Federal Trademark Dilution Act of 1995, which protects company’s ownership rights to names, logos or symbols that depict the name of that business. In this case the name "Rally" has been identified as a prominent car dealership, we then have a brand new company in which its business is in food services. The intertwining of the same names is making it very difficult for anyone to distinguish between pizza pallor and a car dealership. The company "Rally Motors" has the legal right to prevent any other company from infringing on the use of the name "Rally". As Herman made very clear in the video presentation, "If I let you name your business "Rally", then I'll have a used car salesman calling his business "Rally", and he'll open p right across the street" (Rally Round the Trade Name skit). If Herman where to allow this to possibility continue , sooner or later, there would be other companies that would develop wit the same type of business plan and possibly overrun Herman’s car dealership. The usage of the name "Rally” for Gabby's pizzeria is a prime example of the...
Words: 1010 - Pages: 5
...whether or not it matters that Rally is associated with pizza.Tradename protection extends to zone of reputation, zone of expansion, and zone of marketing in addition to being the first in the area. Because Rally is associated with Pizza andwith Motors, it is not as much of a conflict as it would have been if Gabby had a used car dealership and decided to call it Rally¶s Used Cars. According to Robert Wayne Olson Jr¶sexample, ³The Rose Cafe (a restaurant) does not conflict with The Rose Law Firm (legalservices), nor does either conflict with Rose Story Farm (a nursery). However, if Violet Rosewants to open the Violet Rose Bistro, that name could be sufficiently confusing to bar its use inthe same area as The Rose Café.´ In my opinion it is not distinct and therefore can beconsidered as confusing. In order to be protected under tradename laws, the business owner must not have a confusingly similar name to a company that was registered in the same 4 Running head: RALLY ROUND THE TRADE NAME geographic area first. Rally is associated with pizza as well as with motors and as a result in thevideo, many consumers were confused and were calling the car dealership and placing orders for pizza.3. E xplain how important the fact is that Herman started to use the name Rally first in that particular geographical area.The fact that Herman began using the name 40 years ago protects him under common law,trade name protection by registration and he used the name first in the area. Under...
Words: 549 - Pages: 3
...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...
Words: 882 - Pages: 4
...RALLY ROUND THE TRADE NAME T G Professor: Christina JG Williams, Esq. Course: LEG 500 December 4, 2011 Explain whether or not the fact that Gabby’s surname is Rally gives her the right to use it any way she wishes. A business owner by the Name of Gabby Rally has opened a pizza shop by the name Rally Pizza. However, within the same geographical location a car dealership already uses the name Rally Motors. The dealership has been using this name for over forty years and Rally Pizza has just recently opened. The name of the dealership is not associated with the surname of the current owner Herman Hays. Regardless that Gabby’s surname is Rally she is not legally able to use that name in commerce. Her use of the business name Rally Pizza is infringement on the intellectual property of Rally Motor. The Lanham Trademark Act (1949), the Federal Trademark Dilution Act of 1955, and common law provides the legal background protecting the trademarks of business. These acts “protect a company’s ownership rights to the name, logo, or symbol that identifies its products” (Halbert & Ingulli, 2010, p. 342). Section 1114 of the Lanham Trademark Act (1949) states: Any person who shall, without the consent of the registrant use in commerce any reproduction of a registered mark in connection with the sale of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive; shall be liable in a civil action by the registrant...
Words: 1766 - Pages: 8
...Slackbridge is the villainous figure in Dickens eyes: he orchestrates the ugly mob hysteria that ostracises and indirectly kills the innocent and morally fastidious Stephen. On the other hand, reading with our present day perspective, we can see that Dickens`s union man touches some resonant chords. In particular, he is right to insist that they rally round one another and one united power. A basic tenet of the entire socialist movement has always been the need to act together, to show unity in order to exert the greatest pressure on the owners of the capital. The union man’s speech is ambivalent: it is boiling and common rhetoric, its comic bombast bathetic and ripe for our scorn. On the other hand Slackbridge tells some truth about the plight of workers in the industrial north in the nineteenth century. As Raymond Williams said, these are in Hard Times two “incompatible ideological positions”: one “that environment influences and in some sense determines character” and, second, that “some virtues and vices are original and both triumph over and in some cases can change any environment”...
Words: 955 - Pages: 4
...TORONTO MAPLE LEAFS Prepared for: Mrs. Johnena Quirke Communications Instructor Prepared by: Michael Kenny BM/HRM 106A October 13, 2014 24 Heatherton Place St. John’s, NL A1E 4P5 October 6, 2015 Mrs. Johnena Quirke Communications Instructor Keyin College 44 Austin Street P.O. Box 13609, Stn. A St. John’s, NL A1B 4G1 Dear Mrs. Quirke: Enclosed is my term paper, which was a requirement for my Communications-English 1 course. I chose the topic Toronto Maple Leafs because I have been a fan of the Toronto Maple Leafs since I was a very young boy and wanted to share information with my classmates because they have such a great history. In researching my paper, I was able to find great amount of information from the internet. I had no restrictions in the gathering of information, which was updated information, on this specific hockey team. A major section of this report that may interest you is about a former player, Doug Gilmore, who was captain of the Toronto Maple Leafs; and my favorite player to ever lace up the skates. I certainly hope you enjoy reading this paper as I thoroughly enjoyed researching the information found in the contents of the report. If you have any questions or concerns, I may be contacted and day at 764-7560 or by email (mike1_kenny@outlook.com). Sincerely, MICHAEL KENNY BM/HRM 106A Encl. TABLE OF CONTENTS Letter of Transmittal iii Executive Summary v Introduction 1 History of the Toronto Maple...
Words: 5791 - Pages: 24
...JAPANESE CANDLESTICK CHARTING TECHNIQUES ~-Y?~L&B~E!% L ?ABWt "Candles Exhaust Themselves to Give Light to Men" JAPANESE CANDLESTICK CHARTING TECHNIQUES A Contemporary Guide to the Ancient Investment Techniques of the Far East STEVE NISON NEW YORK INSTITUTE OF FINANCE NewYork London Toronto Sydney Tokyo Singapore Library of Congress Cataloging-in-Publication Data Nison, Steve. Japanese candlestick charting techniques : a contemporary guide to the ancient investment technique of the Far East I Steve Nison. p. cm. Includes bibliographical references and index. ISBN 0-13-931650-7 1. Stocks-Charts, diagrams, etc. 2. Investment analysis. I. Title. HG4638.N57 1991 90-22736 332.63'22-dc20 CIP This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. From a Declaration of Principles Jointly Adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations 01991 by Steve Nison All rights reserved. No part of this book may be reproduced in any form or by any means without permission in writing from the publisher. New York Institute of Finance Simon & Schuster Printed in the United States of America 1 0 9 8 7 Acknowledgements ...
Words: 32110 - Pages: 129
...Proton (automobile) From Wikipedia, the free encyclopedia Jump to: navigation, search Proton Holdings Berhad The Proton Company logo Type Public (Bursa Malaysia: Proton) Industry Automotive Founded May 7, 1983 Headquarters Shah Alam, Selangor Malaysia Key people Mohd Khamil Bin Jamil (Executive Chairman) Products Car, Automotive Parts Employees 12,000 Subsidiaries Lotus Cars Website www.proton.com Proton Holdings Berhad (stylized PROTON) is a Malaysian automobile manufacturer. It is headquartered in Shah Alam, Selangor and operates an additional manufacturing plant in Tanjung Malim, Perak. The company was established in 1983 as the sole national car company until the advent of Perodua in 1993. Proton is a Malay acronym for Perusahaan Otomobil Nasional Sendirian Berhad. (English: National Automobile Company Private Limited). Proton was largely a manufacturer of badge engineered vehicles from Mitsubishi Motors between 1985 and the early 2000s. The company has since produced several indigenously designed models and operates in at least 26 countries today, of which the majority are in Asia. Proton was formerly owned by Khazanah Nasional, the investment holding arm of the government of Malaysia. In January 2012, it was taken over by DRB-HICOM, a Malaysian conglomerate in a transaction amounting RM1.2 billion. Proton, predominantly reliant on its domestic market is currently undergoing structural and internal changes, as evident in the appointment of...
Words: 8392 - Pages: 34
...In this paper I will provide an overview of why gold is a good investment choice. I will give an analysis of gold’s current and historical prices, why an investor should invest in gold, and the wide range of options that are available to an investor that chooses to invest in gold. Gold is recognized worldwide as a true form of currency. It has a universal store of value; it can function as a hedge against inflation, protection against the declining value of the dollar and is a good option to sustain wealth in the declining financial market. Gold is a currency that option and is desired by many people, easy dividable, scarce, and durable. Gold had an intrinsic value before it became money and that is the foundation of its worth. Gold has increased in price over the last decade by 500%. In the increase in price is attributed to the drop in the value of the dollar and the expectation that inflation will rise to above average levels. Gold was valued at $900 an ounce in April 2008, $1,888.70 in August 2011 and as of July 25, 2012 it was valued at $1,608 an ounce. Through March 2012 the spot price of gold returned of 18.5 percent, while the S&P 500 has had a return of only 4.11 percent. The chart below shows the increase in gold prices for the last ten years and gold’s performance price for the last 30 days, six months, one year, and the last five years. 10 year gold price history in US Dollars per ounce. http://goldprice.org/gold-price-history.html http://goldprice...
Words: 3683 - Pages: 15
