...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
...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
...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
...Rally Round the Trade Name Patricia Hammonds Professor Bryan Smith Law, Ethics and Corp Governance – Leg 500 March 7, 2012 Explain whether or not the fact that Gabby’s surname is Rally gives her the right to use it any way she wishes. In the above question I will explain whether or not Gabby can use her surname as a business name. In the case of Rally round the trade name, the fact that Gabby’s surname is Rally does not give her the right to use her name for a pizza business. The name is registered for the car dealership; the trademark law protects it. As I explore the word trademark it’s definition is any word, phrase or symbol used to recognize certain manufacturer or seller’s goods and to distinguish them from other competitors. Also in my research According to the “Federal trademark law- the Lanham Trademark Act (1946) and the Federal Trademark Dilution Act of 1995- it was enacted to protect a company’s ownership rights to the name, logo or symbol that identifies its products”. A mark has to be distinctive to serve as a trademark, this mean that the products or services are to distinguish from those manufactured or provided by others. Several categories determine a mark to be distinctive. The categories are; • Arbitrary or fanciful, (the mark bears no logical relationship to the underlying product). Example; the word “Nikon” has no inherent relationship with the camera. • Suggestive (mark evokes or suggests a characteristic...
Words: 1054 - Pages: 5
...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
...2. How does Dirt Bikes provide value to customers The company provides value to it’s customers by designing and manufacturing custom motorcycles of high quality, and by servicing those motorcycles. Proof of the high quality of the motorcycles can be seen in the number of races that the brand wins each year. Other ways they provide value to the customer are with the policy of listening to customers feedback on how to improve the product, and with the newly formed Dirt Bikes USA owners group. Steps to improve: Database software Dirt Bikes sells primarily through its distributors. It maintains a small customer database with the following data: customer's name, address, telephone number, model purchased, date of purchase, and distributor. These data are collected by its distributors when they make a sale and forwarded to Dirt Bikes. Dirt Bikes would like to be able to market more aggressively to its customers. It would like to be able to send them e-mail notices of special racing events and of sales on parts. It would also like to learn more about their interests and tastes: their age, years of schooling, another sport they are interested in, and whether they attend dirt bike racing events. Additionally Dirt Bikes would like to know whether they own more than one motorcycle. (Some Dirt Bikes customers own two or three motorcycles from Dirt Bikes USA or other manufacturers). “Most people ride dirt bikes for fun. They enjoy being out doors and finding new...
Words: 627 - Pages: 3
...Video Games First off, you would imagine how thrilled our team was to have to write a paper during the holidays, with a deadline just two days after the winter break, so we came up with a clever way to bypass all the research work needed and just start writing about things we already knew and also loved doing, in order to grasp a more subjective approach on the chosen topic. People often say that if you don’t truly believe in the things you are working on and don’t have fun whilst doing them, you won’t be successful in any of your endeavors. This means you have to work with passion, because the first person you are ultimately going to sell the idea of the finished product is yourself, and if you can’t fully embrace the concept, it’s going to be even harder to pitch it to someone else. That being said, we quickly searched for a topic that each member of our team could relate to, and also provide valuable insight upon his experience and personal preferences on the subject at hand. In the end we settled on the topic of video games, due to the wide variety available these days. Figure 1. Pacman machine Figure 1. Pacman machine The first ever commercially produced video games were arcade games back in the early ‘70s in the United States, and I think we all remember in movies those huge machines that took up quite a lot of space in pubs, where people could play games such as Pacman, Space Invaders or Donkey Kong. They were very successful and in fact, they...
Words: 1628 - Pages: 7
...etiquette are increasingly profound, which causes the differences in table manners. In this paper, we attach more importance to the different table manners of China and Western countries, such as, the different ways people sit for a meal, different dining concepts and different table wares and so on. Meanwhile, it helps us understand the situation. In this way, we can know well the western countries’ cultural background, and can set up a harmonious relationship with the westerns. The table manners of China and Western provide a good example of two types cultures that are arrangement of seat, tableware, and the way to finish eating. Arrangement of seat in Chinese, Chinese people always choose round tables when entertaining friends. There are lots of rules in China about where to put the round table and which seat takes precedence on the same table. In China, people used to use the number of the tables to define the size of banquet. In small banquet that have two tables, the table on the left or farther to the portal is the top table. At bigger banquets that have three or more tables, the rules are much more complicated. The top table is always on the right hand and farthest to the portal. Besides, the distance to the top table is also taken into consideration. Generally, seats that closer to the top table take precedence. For example, on the wedding party, family members of the bride or the leaderships are arranged to the table that closest to the top table. Hosts show their reverences...
Words: 865 - Pages: 4
...increasing worldwide cost of medication. Despite attempts from the WTO’s Doha Round to mitigate the negative effects of TRIPS access to pharmaceuticals in LDC’s remains damaged.” Topic Economic globalization’s affect on the health of sub-saharan Africa specifically concerning the TRIPS agreement and it’s effect on access to pharmaceuticals for LDC’s Research Questions I. Which LDC’s have been most effected by TRIPS agreement? II. How has the Doha Round of WTO talks and Amendments to the agreement effected the impact of TRIPS on LDC’s? III. How has TRIPS affected welfare in LDC’s? IV. Have changes in welfare due to TRIPS effected development in the LDC’s? V. How has trade globalization impacted sub-saharan LDC’s access to health care? VI. What individual examples exist of TRIPS positively and negatively impacting sub-saharan welfare? VII. Which countries express the greatest need for generic pharmaceuticals? VIII. What are the real effects on pharmaceutical companies when generic medications are sold IX. How does TRIPS effect R&D in LDC’s? International Studies 100 Hill 1 Brendan Hill | 200245349 November, 14, 2014 Aspects of Globalization This essay will conduct an assessment on both economic globalization and globalization of knowledge. Economic globalization will be examined for the changes in welfare it has brought to LDC’s in sub-saharan African following the the Uruguay round of the WTO. Globalized pharmaceutical trading will also be analyzed regarding...
Words: 481 - Pages: 2
...Singer and songwriter Ke$ha was born Kesha Rose Sebert on March 1, 1987, in Los Angeles, California. She was exposed to music at an early age through her mother Pebe, a songwriter. Her mother's biggest songwriting success was "Old Flames Can't Hold a Candle to You," which was a hit for Joe Sun and Dolly Parton. The first few years of Kesha's life were a struggle for her family. Her mother had difficulty earning enough to support Kesha and her older brother. "We were on welfare and food stamps," the artist explained on her website. "One of my first memories is my mom telling me, 'If you want something, just take it.'" When she was 4, Kesha moved to Nashville with her family, where her mother had landed a songwriting contract. Sometimes tagging along with her mother, Kesha spent a lot of time in recording studios during her early adolescence. Her mother encouraged her interest in singing, allowing Kesha to work on some of her song demos. Kesha also went to a music school, where she learned about songwriting. Deep in the heart of the country music scene, she was inspired by the likes of Johnny Cash and Patsy Cline. Pursuing a Career in Music At 17, Kesha left high school to pursue a music career. She changed her name to Ke$ha and moved to Los Angeles to work with producer Dr. Luke, who had worked on hit singles for Katy Perry and Kelly Clarkson among others. "I thought her voice was distinctive, and I fell in love with her personality," Dr. Luke explained to Entertainment...
Words: 466 - Pages: 2
...1 Boys' 16 Singles - 1-32 Round of 32 Round of 16 Round of 64 Robert Krill (1) Elm Grove, WI Quarterfinals Semifinals R. Krill(1) 2 Bye 3 Felipe M. Campos Madison, WI Sun 6/14 8:00 AM HHS F. Campos 4 Bye 5 Lucas Ebel Pewaukee, WI Sun 6/14 11:00 AM HHS L. Ebel 6 Bye 7 Benjamin J. Sinense Elm Grove, WI Sun 6/14 8:00 AM HHS B. Sinense 8 Bye 9 John D. Massart (5) Elm Grove, WI Mon 6/15 11:00 AM HHS J. Massart(5) 10 Bye 11 Samuel R. Keller Wauwatosa, WI Sun 6/14 8:00 AM HHS S. Keller 12 Bye 13 Colt Tegtmeier Madison, WI Sun 6/14 11:00 AM HHS C. Tegtmeier 14 Bye 15 James Paradisin Waunakee, WI Sun 6/14 8:00 AM HHS J. Paradisin 16 Bye 17 Casey Johnson (3) Mon 6/15 2:00 PM HHS Kohler, WI C. Johnson(3) 18 Bye 19 Anish K. Singhal Brookfield, WI Sun 6/14 8:00 AM HHS A. Singhal 20 Bye Sun 6/14 11:00 AM HHS 21 Jonathan D. Peck Stevens Point, WI J. Peck 22 Bye 23 Haiwen Dai Middleton, WI Sun 6/14 8:00 AM HHS H. Dai 24 Bye 25 Cecil J. Lingard (7) Mon 6/15 11:00 AM HHS Madison, WI C. Lingard(7) 26 Bye 27 Robbie May Mequon, WI Sun 6/14 8:00 AM HHS R. May 28 Bye 29 Ethan G. Mardanus-Budiono Sun 6/14 11:00 AM HHS Sussex, WI E. Mardanus-Budiono 30 Bye 31 Harry Rosmann 32 Robby Baranko Bayside, WI Sat 6/13 3:30 PM HHS Mequon, WI Sun 6/14 8:00 AM HHS...
Words: 296 - Pages: 2
...General Agreement on Tariffs and Trade 1994 ------------------------------------------------- ------------------------------------------------- The General Agreement on Tariffs and Trade (GATT) was a multilateral agreement regulating international trade. According to its preamble, its purpose was the "substantial reduction of tariffs and other trade barriers and the elimination of preferences, on a reciprocal and mutually advantageous basis." It was negotiated during the UN Conference on Trade and Employment and was the outcome of the failure of negotiating governments to create the International Trade Organization (ITO). GATT was signed in 1948 and lasted until 1993, when it was replaced by the World Trade Organization in 1995. The original GATT text (GATT 1958) is still in effect under the WTO framework, subject to the modifications of GATT 1994 ------------------------------------------------- ------------------------------------------------- GATT and the World Trade Organization ------------------------------------------------- In 1993, the GATT was updated (GATT 1994) to include new obligations upon its signatories. One of the most significant changes was the creation of the World Trade Organization (WTO). The 75 existing GATT members and the European Communities became the founding members of the WTO on 1 January 1995. The other 52 GATT members rejoined the WTO in the following two years (the last being Congo in 1997). Since the founding of the WTO, 21 new non-GATT...
Words: 1007 - Pages: 5
...1. Products Needed (Materials with a red font are food products) - 38 Round Tables - 3 Large Rectangular Tables - 304 Chairs - 320 Napkins - 5 Tables to prepare entrée and desserts - 320 Forks, Knifes, Spoons, and Salad Forks - 350 Plates, Bowls, Dessert Plates, Glasses - 3 Generators - 3 Large Buckets – (one bucket includes a heater) (for cleaning plates) - 1 large mule full of water (enough water for washing and drinking) - 40 Round Table Clothes - 5 Rectangular Table Clothes - 76 Salt and Pepper Shakers - 114 Salad Dressing Holders - 5 Bottles of Hand Sanitizer - Sanitation Cleaner for one of the buckets - Soap for one of the buckets - 50 Towels (for cleaning appliances) - 50 Plastics Cups and Plastics Plates (for students) - 6 Portable restrooms - 1 Large Pack of Paper Napkins - 1 Large Package of Multiple Plastic Utensils (for students) - 2 Large Baskets for Bread - 16 pitchers for tea and water - 8 yeti ice chests (these coolers are known to hold ice for long period of times; they will especially hold ice for the time period to travel to the hotel) - 100 pounds of ice (1 yeti cooler will be filled with ice for the drinks) - 45 vases for table arrangements - 45 fresh Swietenia Mahagoni Flowers (Dominican Republic Flower) - 3 big vases for flower arrangement on buffet tables - Greenery for the big vases on buffet table - 3 Large Propane Gas Grill - Propane Gas for the Grill - Spatulas and other tools for cooking - 8 Serving/Warming Trays...
Words: 1874 - Pages: 8
