...fraudulent marks. Some of the features of the Trade Marks Act, 1999 are: 1. Registration of trade marks for services besides the goods; 2. Not to permit imitations of trade marks; 3. Factors to be considered for defining a well known trade mark; 4. Simplifying the procedure by producing only a single register and simple application for registration in more than one class; 5. Enlarging the scope of permitted use; 6. Providing for enhanced punishments for offences; 7. Providing for Appellate Board. “A trademark is any sign that individualizes the goods of a given enterprise and distinguishes them from the goods of its competitors.” This definition comprises two aspects, which are sometimes referred to as the different functions of the trademark, but which are, however, interdependent and for all practical purposes should always be looked at together. In order to individualize a product for the consumer, the trademark must indicate its source. This does not mean that it must inform the consumer of the actual person who has manufactured the...
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...Trademark “Trademark” means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colors. "A trademark includes any word, name, symbol, or device, or any combination thereof, adopted and used by a manufacturer or merchant, to identify his goods and distinguish them from those manufactured or sold by others. The primary purpose of a trademark is to ‘distinguish the goods of one person from another’19 Therefore a trademark enables a consumer to identify the goods and their origin. Hence in case, if an advertiser uses a competitor’s trademark to make a comparison between his goods and those of his competitor, and in the process disparages them, then such an act on the part of the advertiser would not only invoke issues related to comparative advertising and product disparagement, but would also invoke issues related to trademark infringement. Object of Trade Mark IS to deal with the precise nature of the rights which a person can a acquire in respect of a TM-The mode of acquisition of such rights -the method of transfer of those rights to others-the precise nature of infringement of such rights-and the remedies available in respect thereof. Functions of a Trade Mark 1. It identifies the product of its origin 2. It guaranties its unchanged quality 3. It advertises the products 4. It creates an image for products...
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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 fact that Gabby’s surname is Rally, doesn’t give her the right to use the name any way she wishes, especially in commerce. In this case, the name Rally is registered for Rally Motors and protected under the trademark law. Using the name Rally for Gabby’s pizzeria is an infringement of the trademark law. Trademarks are an intellectual property that grants the exclusive rights to the owner and governed by state and federal law in the U.S. In order to serve as a trademark, a mark must meet one of the requirements as follow: • Arbitrary or fanciful mark Mark has to bear no logical relationship to the underlying product. • Suggestive Mark Mark has to evoke or suggest a characteristic of the underlying goods. • Descriptive Mark Mark has to directly describes, rather than suggests, a characteristic of the underlying product. • Generic Mark Mark has to describe the general category to which the underlying product belongs (Harvard Law, n.d.). Rally is the mark that bears no logical relationship to the car dealership services and products. Therefore, Rally is categorized as arbitrary or fanciful mark. 2. Explain whether or not it matters that Rally is associated with pizza. The point to this question is will it be any effects of the association of Rally trade name, who is an auto dealership, to a pizza shop; is there any marketing benefit for the pizza...
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...Trademarks and Related Property Extracts from Business Law: Texts and Cases by Miller Clarkson A trademark is a distinctive mark, motto, device, or implement that a manufacturer stamps, prints, or otherwise affixes to the goods it produces so that they can be identified on the market and their origins made known. In other words, a trademark is a source indicator. At common law, the person who used a symbol or mark to identify a business or product was protected in the use of that trademark. Clearly, by using another's trademark, a business could lead consumers to believe that its goods were made by the other business. The law seeks to avoid this kind of confusion. In this section, we examine various aspects of the law governing trademarks. Statutory Protection of Trademarks and related property is provided at the federal level by the Lanham Act of 1946. The Lanham Act was enacted, in part, to protect manufacturers from losing business to rival companies that used confusingly similar trademarks. The Lanham Act incorporates the common law of trademarks and provides remedies for owners of trademarks who wish to enforce their claims in federal court. Many states also have trademark statutes. Before 1995, federal trademark law prohibited only the unauthorized use of the same mark on competing–or on noncompeting but "related"–goods or services. Protection was given only when the unauthorized use would likely confuse consumers as to the origin of those goods and services...
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...Annick ABISSE Professor Barry S. Morinaka BUS 206-X4609 14th April 2013 Trademark Infringement On March 27, 2013, the University of Pennsylvania filed a claim against Wharton Business Foundation with a trademark infringement suit for the unauthorized use of the word “Wharton” by the Wharton Business Foundation. The Wharton Business School built in 1881 is a well renowned school and US oldest collegiate business school. The complaint revealed that “Wharton Business Foundation operates a website with the Wharton name and offers services including business education and business consultation through its Wharton Business Foundation University” (1) The University of Pennsylvania declared to have suffered and to continue to undergo irreparable damage certainly due to the confusion the use of the word “Wharton” might have created in the minds of the public. The University of Pennsylvania also considers that Wharton Business Foundation might have created “false impression in the minds of consumers that WBF is affiliated with, endorsed or sponsored by the University, particularly the Wharton School.” (2) According to the claim, the Wharton Business Foundation also used a domain name with bears the word “Wharton” all this to only increase the level of confusion and bring much harm to the Wharton Business School. One aspect which needs not to be overlook is the reputational advantage of carrying the name of US oldest and one the most prestigious Business Schools as it has “garnered...
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...today’s every growing e-business environment, requires generating new technology faster to market then competitors who are taking advantage of the same technology. Protection of intellectual property is essential to effectively compete in almost every marketplace. The companies that protect their intellectual property have an edge on the competition. This article focuses on how patents and trademarks protect e-businesses from competition and provides recommendations for how to avoid violating the intellectual property of others. ISSUE Intellectual property is a collective term that embraces trademarks, trade names, domain names, copyrights and patents The laws that define and protect intellectual property span across three broad and distinctly different areas: patent, trademark and copyright. The interpretation and applicability of the law to digital realm has become hotly contested. Two of the most important tools that will protect an e-business’ intellectual property are patents and trademarks. Patents protect discoveries and inventions that are core business foundations. Trademarks protect the words and symbols...
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...Ques. Briefly explain Intellectual Property Rights by taking 2 examples of any product/ formula etc. You can take Acts (Copyright Act, Design Act, Patent Act and Trademark Act) as an example. INTRODUCTION TO INTELLECTUAL PROPERTY Intellectual Property refers to creation of mind i.e. inventions, industrial designs for article, literary & artistic work, symbols etc. used in commerce. Intellectual property is divided into two categories: • Industrial property, which includes inventions (patents), trademarks, industrial designs, and geographic indications of source. • Copyright, which includes literary and artistic works such as novels, poems, plays, films and musical works etc. According to the TRIPS Agreement, the intellectual property has been classified into- • Patents, • Copyright, • Trade Marks, Trade Names • Industrial Designs, • Geographical Indications, • Layout Designs of Integrated Circuits, • Protection of Undisclosed Information/Trade Secrets. • Plant varieties 1. Patents Patents cover inventions. These can be utility patents, design patents, and plant patents. The process of filing for a patent can be time consuming, and somewhat costly. 2. Copyright Copyright protects intellectual property of a creative or artistic nature. Copyright often lasts 50 to 70 years after the creator's death. In some countries, your copyright must be registered to become effective. In the United States, copyright is established as soon as a work is...
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...Return of damaged goods Allowance for Returns 600,000 Cost of Goods Sold 323,077 Sales Returns 923,077 There is a misstatement because Trademark has accrued too large of a reserve. ASC 450-20-25-2 governs setting up of a loss contingency account. Trademark has to correct an over projection of losses on returns and does so by reversing the reserve in the above entry. This misstatement is a projected misstatement due to an incorrect projection of returns. Other Returns Sales Returns 1,692,000 Allowance for Returns 1,099,800 Cost of Goods Sold 592,200 There is a misstatement due to discontinuing the use of a reserve. ASC 605-15-25-1 states that Trademark can recognize revenue on the particular type of contractual sales mentioned in the case, and therefore can set up a loss contingency (reserve) account as allowed by ASC 450-20-25-2. The above entry shows the formation of the reserve. This is a judgmental misstatement by misjudging whether accounting standards allowed a reserve under these circumstances. Slotting Allowances Advertising Expense 1,525,000 Capitalized Shelf Space 1,525,000 There is a misstatement because Trademark incorrectly capitalized these expenditures that should have been recorded as an expense as classified under ASC 720-35-25-1. This entry reverses the capitalization of an asset and correctly categorizes it as an expense. This is a judgmental misstatement. The company misjudged whether their expenditures...
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...Danone’s entry mode in China Basically, Danone chose joint venture as their entry mode at the early stage of entering Chinese market. More specifically, in 1996, they began a joint venture with the other two companies: Hangzhou Wahaha Group Corparation (Wahaha Group) and a Hong Kong corporation called Bai Fu Qin (Baifu), and formed five new subsidiaries in China. However, it should be noted that Danone and Baifu did not directly invest in the JV, but established Jin jia Investment, a new corporation in Singapore instead with Danone as their controlling shareholder. In this case, Wahaha Group held 49 percent of the entire shares of JV while Jinjia owned the remaining 51 percent. The reasons why Danone decided to form a joint venture rather than a wholly owned subsidiary or other formats can generally be associated with the considerable benefits they may gain from it. Firstly, as a French company who has just entered the Chinese market for no more than 10 years since 1980s at that time, Danone’s knowledge about domestic market was still limited and may face a challenge if they run their business solely. Therefore, it is essential for them to learn from their partner in terms of related market knowledges, such as the competitive conditions, culture, political and business systems in China. Secondly, the partnership enabled Danone to share related costs and risks of developing a new product or process, in turn, led to the increase in their profit margin. It can be generally seen...
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...expensive and Normandale that is unable to make any profit off from Mathis products. Normandale most likely used poor unethical choosing by sending pictures and samples to another competitor of Mathis by the name of Countess Lori-Ann and at the same time gives orders to make an alike identical of Mathis line, but for a lower price than what Mathis is selling their products for. Most likely CLA will be making identical clothing brands close to Mathis line but they are known as knock offs. There is an extensive body of federal and state laws that protects original property such as writing, music, drawings, paintings, photography and films. Communally this is consider the body of law called “intellectual property” that comprises copyright, trademark, patent laws, each with its...
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...copyrightable works, patented inventions, Trademarks, and trade secrets. Although largely governed by federal law, state law also governs some aspects of intellectual property. Intellectual property describes a wide variety of property created by musicians, authors, artists, and inventors. The law of intellectual property typically encompasses the areas of Copyright, Patents, and trademark law. It is intended largely to encourage the development of art, science, and information by granting certain property rights to all artists, which include inventors in the arts and the sciences. These rights allow artists to protect themselves from infringement, or the unauthorized use and misuse of their creations. Trademarks and service marks protect distinguishing features (such as names or package designs) that are associated with particular products or services and that indicate commercial source. Patent A patent secures a sole right for a limited period of time to prevent others from using the invention commercially. This sole right represents a key competitive advantage and serves to protect the assets produced by corporate research and development. The actual drafting of a patent application is decisive for the extent of the protection obtained. We possess expertise in all fields of technology. Trademark A trademark often represents a substantial asset and is for many companies far more valuable than the products or services they offer. A trademark may consist of one or more words...
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...provision of reliable legal protection to internet-based innovations rights (Klodt, 2001). The argument provided by Macklem offers a strong insight into the complex nature of intellectual property right issues on the e-business arena. On the one hand, just like is the case in the physical world, the laws of our society acknowledges and provides for the protection of trademark rights as an intellectual property right in the internet world. LEGAL ISSUE In 1 to 3 sentences, identify the legal business issues raised in the article. This is evident from the previous successful court challenges filed by Apple, the Beatles' record company against Apple, the computer company over the use of the Apple domain. Indeed, previous court challenges on trademark rights witnessed the computer company incur substantial economic liabilities in addition to the entering into an agreement with the record company on the scope of their individual use of the Apple trademark (Macklem, 2006). In other words, the law protects not only the exclusive right to trademark ownership. It also recognizes the sharing of trademarks amongst entities provided such is based on mutual agreement between the involved parties and violation of such agreements is subject to legal liabilities (Macklem, 2006). MANAGERIAL PERSPECTIVE...
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...|SAP ECC 5.00 | | |June 2005 | | |EnglishEnglish | | | |J03: APOLockbox: Single Invoice Clearing | | | | | | | | | | | | | | | | | | | | | | | | ...
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...intended for attorneys who want to expand their knowledge of intellectual property in order to serve better their clients. Intellectual property law affects every kind of business and clients’ rights, obligations, and strategies. Some states confer CLE credits for this seminar. Each attendee will receive a complete set of all seminar materials along with an IP textbook written by one of our partners. Audio tapes and DVDs of selected sessions will also be available. The three morning sessions will focus on copyrights: Lunch will feature a panel discussion of GHS attorneys and other trademark experts. Among the topics discussed will be: Use of trademarks Trademark enforcement Avoiding dilution of trademark The four afternoon sessions will cover patents: Patent Basics Understanding Trade Secrets and Patent Protection Current Issues in Patents Business Considerations in Patents and Trademarks Registration will open on April 1, 2009, and is limited to 400 attendees. Discounted rates are available at several nearby hotels. A “dine-around” dinner will be arranged at several local restaurants for those who want to participate. Questions and discussion are encouraged at all sessions, and attendees are reminded that such discussions should be kept confidential to protect the wide array of represented clients by the group. If you would like a brochure containing much more detailed information about the topics to be covered, contact Melissa Rosella at (404) 555-0022. You can also...
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...Case Study: Logistics & Distribution Printronix Solution Saved Sara Lee Intimate Apparel A Quarter Million Dollars in Fees Sara Lee Intimate Apparel, headquartered in Winston-Salem, N.C., has a 70-year tradition of products with fashion, fit, comfort, quality and design. Its founders, Sam and Sara Stein, launched its Bali business in the mid-1920s by combining new raw materials with changing fashion trends accentuating shape. Playtex was developed by a Dupont Chemist after WWII. Sara Lee Intimate Apparel was formed in the late 1980s from the purchase of these two companies. The company’s flagship Bali and Playtex brands, as well as newer Wonderbra and Barely There lines comprise a powerful department and specialty store presence, while its Hanes Her Way, Just My Size and Lovable brands combine to bring superior styling to the mass merchandise market. A sub-division of Sara Lee Branded Apparel, Sara Lee Intimate Apparel manufactures and distributes more than 70 percent of the intimate apparel sold retail and private label in the United States. Because of the differing distribution requirements in the retail markets, the company operates two separate facilities in Kings Mountain, N.C. Combined, the company distributes more than 720,000 garments a day, via 36,000 outbound cartons, to thousands of customer locations, including JC Penney, Kohl’s, Macy’s, Mervyn’s, Sears and Wal-Mart. Bar code labels are affixed to each garment and carton the company ships. Sara Lee...
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