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Rally Motors

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1. Explain whether or not the fact that Gabby’s surname is Rally gives her the right to use it any way she wishes.
The Federal Trademark Law—Lanham Trademark Act (1946) offers protection and company’s legal right of ownership of its name, logo, or symbol that identifies its products (Halbert & Ingulli, 2010, 342) In this case Gabby is a pizza owner whose last name just happen to coincide with the name of a dealership Rally Motors. Since Gabby is within the same geographical area costumers are confused with its product. According to the Lanham Trademark Act (1946) this could be very well viewed as an infringement of property because it confuses the average consumer as to the nature of the product provided because of the name Rally. In essence, Gabby does not have the right to infringe on the name trademark of the dealership, just because her surname is Rally. Rally Motors has been in business for 40 years, with the same trade name, by using the same name, Gabby gives appearance of either endorsement or confusion as to the product they sell.
2. Explain whether or not it matters that Rally is associated with pizza.
The purpose of protecting a company ownership right to its name, logo or symbol is its identity. As mentioned in the textbook Nike’s swoosh or McDonald’s golden arches are easily recognized when seen or when the name is heard (Halbert & Ingulli, 2010, 342). In this case Herman, owner of the dealership, explains that they have been in business for forty years and have taken extensive measures to ensure that when people thought about automobile they will think on the name Rally; with Gabby appropriating the name Rally, within the same geographical region, people now will be confuse as to which product is attached to the name Rally, creating an infringement of the dealership trade name. Hence, It does matter that name would become associated with

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