Trade Mark Act: Prevent Illegal Behaviors

Submitted By MiaoLuo
Words: 4916
Pages: 20
Open Document
Business Law—Dissertation for Mid-term
Trade Mark Act (1994) Prevent Illegal Behaviours

Luo miao 6198862

April 7, 2012

Table of Contents

Part Ⅰ: Introduction……………………………………………………………………………...…3
Part Ⅱ: Background Information……………………………………………………………………3
Part Ⅲ: Relevant Regulations and Impact On Digital Industy……..……………………………. 4
Part Ⅳ: Conclusions……………………………………………..…………………………………....6
Part Ⅴ: Recommendations……………………………………..…………………………………… 6
Part Ⅵ : Appendix……………………………………………..……………………………………..8
Appendix 1-Additional Information……………….……………………...…………….8
Appendix 2-Case Law Fact…………………..…….……………………………………8
Appendix A-Trade Mark Act 1994…………………………………………….....……10 Appendix B--Defamation Act 1952 (c66)……….………..……………….…..….........15
Part Ⅶ: Case Dictionary……………………………………………………….…………….….......16
Part Ⅷ: Statute Dictionary……………………………………….…………………………….…...16
Part Ⅸ: References & Database Links………………………………….………………….……....16
References…………..………………………………………………….………….......16
Database Links……………………………….…………………………………........17

Part Ⅰ: Introduction
On February 23, 2012, the US basketball icon Michael Jordan sued Chinese sportswear and shoe manufacturer Qiaodan Sports Company Limited over the "unauthorized use" of his name and identity, as "Qiaodan" is a Chinese transliteration of Jordan's name (chinadaily, 2012). On April 6, Qiaodan Sports was charged 50 million RMB (sohu, 2012). It is obvious that the registration of company’s trade mark does not comply with Section 3 of Trade Marks Act 1994 (TMA) due to indistinctiveness. (See Appendix A)
This report is intended to point out illegal behaviours conducted by merchants who take advantage of trade marks causing damages to other parties by giving several case law facts in Part Ⅱ, Background Information; also, to find out legislations preventing those illegal behaviours and determine effects they bring to certain business industries by accessing legislations and Lexis Library in Part Ⅲ, Relevant Regulations and Impact On Business. Part Ⅳ, Conclusions will include whether the legislations do help to protect relevant people and lead to impressive results, while Part Ⅴ, Recommendations will indicate possible ways suggested for businesses responding to such legislations in case of violating the law, as well as how to better implement and perfect the legislations.
Part Ⅱ: Background Information
Trade marks are treated as intangible assets for business (See Appendix A-1), which are essential for competition and customers, driving product innovation and helping develop customers’ loyalty (Office of Fair Trading, 2010).
However, many people are taking advantage of trade marks to carry out illegal business operations. Illegal behaviours fall mainly in three parts, registering well-known names as trade marks, unauthorised use of trade marks and improper comparative advertising. Such false information not only directly harms the image and interests of official businesses, but also misleads consumers to purchase and cause unfair competition among enterprises in the same field.
First and foremost, it is illegal to register a well-known name as trade mark. The case mentioned in the introduction section is an example. When looking at the trade mark, consumers easily connect Qiaodan Sports with Michael Jordan, causing final purchase, which is primarily due to respect or addiction of Jordan but the quality or practicality of that sportswear. Addictively, in the case ‘Elvis Presley Enterprises Inc v Shaw (t/a Elvisly Yours Ltd)’ (See Appendix 2), Elvisly Yours Ltd cannot continue to use the name because ’Elvis’ is such a famous name that might trigger confusion among consumers.
Secondly, it is illegal to make unauthorised use of trade marks, especially passing-off. In the case ‘Arsenal Football Club plc v Reed’ (See Appendix 2), Mr Reed was accused of selling unofficial Arsenal souvenirs by Arsenal Football Club. ‘Arsenal’ and ‘Arsenal Gunners’ had been registered by
Show More

Related Documents: Trade Mark Act: Prevent Illegal Behaviors

Canadian Business And The Law

Study Guide to accompany Canadian Business and the Law, 5th edition Chapter 6 CHAPTER 6 FORMING CONTRACTUAL RELATIONSHIPS Objectives After studying this chapter, you should have an understanding of • how negotiations lead to a contractual relationship • how negotiations can be terminated • the legal ingredients of a contract • how contracts can be amended or changed Learning Outcomes • • • Understand how business negotiations can result in the formation of a contract or terminate without legal…

Words 3867 - Pages 16

Law and Business Essay

Tiffany Ly Business Law February 11, 2011 Robinson Law and Business Natural law is one of the oldest of its kind. The natural law theory believes that there is a higher law and it applies to all human beings and if a law is unjust then it does not have to be obeyed. Natural law is based on fairness and equity and this can easily relate back to the world of business. One major question that lies in international business is whether or not foreign employees should have the same protection…

Words 620 - Pages 3

Business Law Paper

Business Law Term Paper Legal Analysis of Dating Site User Agreement Chosen Site: eHarmony BUSI 2601B Dr. G. Levasseur March 8th, 2015 Table of Contents I Executive Summary 1 II Introduction 3 Overview and Objectives: 3 Methodology: 3 Business Relationship: 5 III Clausal Description and Explanation 6 Document 1: Privacy Policy (3 pages) 6 Document Two: Terms of Service (five pages) 18 IV Application of Legal Principles 32 V Lessons Learned, Recommendations and Example Scenario 46…

Words 15495 - Pages 62

Essay on Business Law

the Congress can regulate a local business if doing so is in the national interest. This includes situations where the actions of many small businesses taken together could have an inter-state effect. In Heart of Atlanta Motel v. United States case, the court decided that a local hotel would have to comply with federal stature and follow the requirements of the Civil Rights Act of 1964, because it is part of the commerce/travel. Even though it is a local business, the Congress has the power to regulate…

Words 2277 - Pages 10

Essay on Business Law

Business Law “The doctrine laid down in Salomon v Salomon & Co Ltd [1897] AC 22 has to be watched very carefully. It has often been supposed to cast a veil on the personality of a limited company through which the courts cannot see. But that is not true. The courts can, and often do, draw aside the veil. They can, and often do, pull off the mark. They look to see what really lies behind” - Lord Denning in Littlewoods Mail Order Stores v Inland revenue Commissioners [1969] 3 All ER 422.…

Words 1964 - Pages 8

Business Law Notes

Chapter one Business Law Law is a set of rules, enforceable by the courts, which regulate the government of the state and governs the relationship between the state and its citizens and between one citizen and another. There are various ways in which the law may be classified; the most important are: * Public and private law * A) Public law is concerned with the relationship between the state and its citizens. Specialised areas are: 1. Constitutional law is concerned with the workings…

Words 34659 - Pages 139

Business Law Essay

Resources in a Business Context BUS 746 Law Assignment 1A Amit Bhanot S12003170 Question Two ‘Equally, it is recognized that the formal and rather intimidating atmosphere of the ordinary courts is not necessarily the most appropriate one in which to decide such matters. Even where the dispute cannot be resolved internally. In recognition of this fact, various alternatives have been developed specifically to avoid the perceived shortcomings of the formal structure of law and court procedure…

Words 2072 - Pages 9

Business LAW Essay

sovereign power. State regulatory powers are often referred to as: police powers. In an equal protection inquiry, when a law or action distinguishes between or among individuals, the basis or classification, is examined. Depending on the classification, the courts apply different levels of scrutiny or “tests” to determine whether the law or action violates the equal protection clause. The courts use one of three standards: strict scrutiny, intermediate scrutiny, or the: “rational…

Words 980 - Pages 4

Essay Business Law

Name of Partnership: The name of the partnership shall be JDM Lawn Care. Place of Business: The partnership’s place of business shall be at 123 Green Way, Greenwood SC 29649 Purpose of Partnership: The purpose of the partnership are for regular lawn care maintance, landscape design, and project management. In addition to the specific purposes set above, the pupose of the partnership is also to conduct a lawful business in which the partners might come engage.…

Words 3578 - Pages 15

Business Law Essay

Business Law Law- the body of rules that can be enforced by the courts or by other government agencies. Sophisticated Client- Person who understands the role of a lawyer and knows when to represent himself/herself and when to get the help of a lawyer. They understand the cost associated with a lawyer and how the process works. Legal Aid- Legal help for people who cannot afford a lawyer. Civil Law- A list of codes that judges apply to cases. Common Law- Law based on past decisions made by the…

Words 1269 - Pages 6