Rally Round the Trade Name Essay

Submitted By knowital
Words: 1658
Pages: 7
Open Document
Rally Round the Trade Name

Law, Ethics and Corporate Governance

3/02/12

Abstract

There will be a video analysis. One will 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 matters that Rally is associated with pizza, explain how important the fact is that Herman started to use the name Rally first in that particular geographical area, explain what rights you have in your trade name, and explain what remedies you have if someone else infringes upon your 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.

Gabby does not have the right to use the name Rally any way she wishes because it is protected by trademark. Surnames are not given protection under trademark law until they receive secondary meaning through advertising or long use (Strength of Trademarks para. 12). Gabby does not have the right to use the name Rally because Rally Motors have been using the name for forty years. In other words, they have had long use of the name. The trademark law protects Rally Motors. A trademark is also intellectual property (What is Intellectual Property? Trademark para. 1). Gabby has a restaurant and Herman has a car dealership. Although they are two different types of places with the same name, Gabby may have still been subject to trademark infringement. One reason it could have caused trademark infringement was the fact that people were getting the pizzeria Gabby owned confused with Rally Motors. The use of a trademark in connection with the sale of a good constitutes infringement if it is likely to cause consumer confusion as to the source of those goods or as to the sponsorship or approval of such goods(Overview of Trademark Law para. 18). In order to serve as a trademark, a mark must be distinctive meaning the mark must be capable of identifying the source of a particular good(Overview of Trademark Law para. 5). In determining whether a mark is distinctive, the courts group marks into four categories based on the relationship between the mark and the underlying product (Overview of Trademark Law para.5). The categories are (1) arbitrary or fanciful (2) suggestive (3) descriptive or (4) generic (Overview of Law para.5). Gabby will need to get a trademark for her restaurant.

2. Explain whether or not it matters that Rally is associated with pizza.

Gabby could still be subject to infringement although it is associated with pizza. The reason

is because people are getting it confused with Rally Motors. Herman has used the name Rally for forty years. Herman mentions that they spend more than three hundred thousand dollars a year advertising that name. He mentions they can’t allow any other business to use their name. Gabby mentions about her pizza parlor doing great business. Herman mentions sure you are, because Rally sticks in people’s mind. He also mentions they advertise it everywhere.

When people think of Rally Motors, they can think of Rally pizza and vice versa. Some of the business that Rally Pizza gets could be tied in with the business that Rally Motors get. Rally Motors is different from a pizza parlor. Therefore, it may not matter that they have the same name. It may not be a problem for Rally pizza parlor to get business due to the advertisements of Rally Motors. There are several different situations where someone else could be infringing on trademark rights (Crash Course on Trademarks: The Protection Offered by Trademark Law para. 2). One could be using it to sell the same type of products or services, or to sell
Show More

Related Documents: Rally Round the Trade Name Essay

Essay on the Works of George Mackay Brown

It would be unusual for an Islander to want to leave home and start a new life on the mainland, as trades were passed down from generation to generation as most Islanders were either fishermen or farmers. The point of 'mistrust' is highlight in The Wireless Set when the missionary (who is not from the Island originally) visits Betsey after she has received…

Words 1812 - Pages 8

The German Republic 1919-1919

supporting a left wing government to protect the stability of the republic •This allowed the military to retain its influence and become a key political force in the history of the republic The Stinnes Legien Agreement – Nov 1918 •Agreement between trade unions and industrialists •Important example of industrial cooperation •Prevented strife between workers and employers The Sparticist Uprising, January 1919 •They followed the ideologies of Karl Marx •They wanted a revolution in Germany like Russia…

Words 5522 - Pages 23

Lkjh Essay

bloody crackdown against street protesters; its support for militant groups like Hamas and Hezbollah; and, most significantly, for its nuclear program, which the West believes is meant to develop weapons. Over the past year, there have been many rounds of nuclear talks with Iran — most recently in Moscow in June 2012 — but they have stalled, though it is unclear whether this was a tactical move by Iran or a collapse of the latest diplomatic effort. Halting Iran’s nuclear progress has been an…

Words 6185 - Pages 25

Public Affairs Request For Proposal

(LACC) and the Los Angeles Tourism and Convention Board (Discover Los Angeles). For both of these organizations we handled media relations, promotions, special events and help host trade delegation from China. Imprenta staff has experience and contacts throughout the Asian Pacific region, and working with foreign trade delegations this couple with our experience in travel and tourism makes us uniquely qualified to help Visit California with its stated goal in this RFP. Imprenta professionals have…

Words 9097 - Pages 37

Southern States: Why They Fought In The United States

Why They Fought: Economic: Southern States were agriculture based. The whole of the southern economy rested almost entirely on the price of cotton and tobacco mainly as well as other agriculture crops. Northern States we much more industrialized in the NE, relied upon southern cash crops (cotton) for the manufacture of goods such as wool, shoes, and other fabrics and commodities. The mid-west was caught in the middle, while major cities did make up some of the mid -west, they were cattle and…

Words 5687 - Pages 23

APUSH 18 22 Review Essay

region, again, this time into the New Mexico/Colorado/Wyoming area. 3. Northerners were pushing hard to abolish slavery in Washington D.C. 4. And most bothersome to the South was the issue of runaway slaves. The Fugitive Slave Law was supposed to "round up" runaways up North and ship them back South. This was largely not being done and the South took it as a personal offense. 1. 1. The Underground Railroad was a secret route from "station to station" that led many slaves to the North and eventually…

Words 6600 - Pages 27

Fasting Feasting Essay

Syllabus Cambridge International A & AS Level Travel and Tourism Syllabus code 9395 For examination in June and November 2013 Contents Cambridge International A & AS Level Travel and Tourism Syllabus code 9395 1. Introduction ..................................................................................... 2 1.1 1.2 1.3 1.4 Why choose Cambridge? Why choose Cambridge International A & AS Level Travel and Tourism? Cambridge Advanced International Certificate of Education (AICE) How…

Words 18707 - Pages 75

Solution Manual-Investment Essay

Part B END-OF-CHAPTER SOLUTIONS Fundamentals of Investments, 5th edition Jordan and Miller Chapter 1 A Brief History of Risk and Return Concept Questions 1. For both risk and return, increasing order is b, c, a, d. On average, the higher the risk of an investment, the higher is its expected return. 2. Since the price didn’t change, the capital gains yield was zero. If the total return was four percent, then the dividend yield must be four percent. 3. It is impossible…

Words 22203 - Pages 89

Gp Essay Mainpoints

GP NOTES 2010 (ESSAY) Content Page 1. Media a. New vs. Traditional b. New: narcissistic? c. Government Censorship d. Profit-driven Media e. Advertising f. Private life of public figures g. Celebrity as a role model h. Blame media for our problems i. Power + Responsibility of Media j. Media ethics k. New Media and Democracy 2. Science/Tech a. Science and Ethics b. Government and scientist role in science c. Rely too much on technology? d. Nuclear technology…

Words 24667 - Pages 99

Managing Information Technology (7th Edition) Essay

CONTENTS: CASE STUDIES CASE STUDY 1 Midsouth Chamber of Commerce (A): The Role of the Operating Manager in Information Systems CASE STUDY I-1 IMT Custom Machine Company, Inc.: Selection of an Information Technology Platform CASE STUDY I-2 VoIP2.biz, Inc.: Deciding on the Next Steps for a VoIP Supplier CASE STUDY I-3 The VoIP Adoption at Butler University CASE STUDY I-4 Supporting Mobile Health Clinics: The Children’s Health Fund of New York City CASE STUDY I-5…

Words 239873 - Pages 960