Unit-2 Intellectual Property Law Assignment

Unit-2 Intellectual Property Law Assignment

Part 3: Trademark and Passing off:

Unit-2 Intellectual Property Law AssignmentTrademark can be referred as the recognizable design which makes it easy to identify products of a particular company. This assists to figure out the source of good from one party to the other. According to the case study, Dales Diaries are challenging the Farm Diaries on the ground that they have stolen their brand name and running the business by passing off their products. Now, it is the basic duty of the entrepreneur of Farm Diaries Ltd to protect themselves from the case of infringement(Raysman, et al., 2016). This trademark infringement can be avoided through number of different ways. Conduction of trademark research is very important in this context. This will serve the management of Farm Diaries Ltd with the capability to assess the terms and conditions related to trademark.

Therefore, the manager of Farm Diaries Ltd should state the fact that outer appearance of the product is not similar with that of Dales’ Diaries Ltd whose packaging is made up with red and golden coloured wrapper(Hagedoorn & Zobel, 2015). At the same time, the manager of Farm Diaries Ltd should be concerned towards enjoying their right of trademark and therefore, they should complete their process of registration quickly for ensuring existence trademark of their products.

By ensuring trademark, the manager of Farm Diaries Ltd would be able to protect themselves from the case of infringement.  Rules and regulations related to trademark must be understood by the management of Farm Diaries Ltd to avoid the case of trademark infringement(Steensma, et al., 2015). The manager of Farm Diaries Ltd should also follow the protocols as defined in the international trademark association for the sake of initiating proper trademark of their business.

According to common law of England, passing off can be regarded as a legal phenomenon which generally used with the aim of enforcing unauthorised rights related to trademark. This assists the marketers be innovative towards protecting goodwill of the company from any kind of misinterpretation(Steensma, et al., 2015).

As per law of England, passing off can be referred a tort law which means unauthorised usage of unauthorised usage of another company’s products. In order to undertake actions related to passing of, it is essential for the management of Farm Diaries Ltd to strengthen the fact that they are using that kind of product which is not identical with the Dales’ Diaries Ltd. Through this way, they can also be able to generate goodwill and maintain public image of the company(Fainshmidt, et al., 2014).Building reputation in the goods and services is closely associated with good will.

The management of Farm Diaries Ltd. must be committed towards improving their public image which will make it possible for them to avoid any kind of misinterpretation among the customers. However, there are some difficulties which may be faced by the manager of Farm Diary Ltd in the way of protecting themselves from the case of copy right infringement. They can face the issue of evidential burden of proof for imposed by the owner of trademark(Kumar, 2016).

Design right serves with the ability to provide necessary protection to the outer moist appearance of a product like colour, shape, material and design of a product. This can also serve them to protect themselves from the cases of copy right infringement. According to the law of England, the owner of a registered company possess the right of taking necessary steps against the unauthorised person who has copied the design(Lo, 2016).

Passing off is entirely dependent on unauthorised trademark. Their fore, registration of trademark is very important which will help the management of Firm Diary Ltd to avoid case of trademark infringement.In order to overcome the challenges related to passing off, it is necessary for the management of Farm Diaries Ltd to establish the fact that they have used unique brand name for launching the product. They must also show that brand name and characteristic feature is not associated with that of Dales Diaries Ltd(Lewis, 2014).

This can make it easy for them to protect the interest of their business from any kind of unexpectedoccurrences. The defendant must also prove that trademark of their products distinguishes themselves from others. There are certain features of products which has a firm impact on differentiating themselves from the others. This feature include style and colour of a product(Willcox, et al., 2015).  Therefore, there is no question of similarity with the products of Dales Diaries Ltd. They can also protect themselves on the ground that they have not used specific logo which is not identical with that of Dales Diaries Ltd. They must also ensure that the company possess highly skilful and knowledgeable employees who hold ten ability of manufacturing high quality of products which can never be same with others.

Conclusion:

It must be acknowledged that intellectual property law has a firm impact on running a business by following all the legal protocols. Successful execution of intellectual property law is a useful way with the help of which, the marketers can be able to protect their brand value and thereby gain desired business outcome.

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References

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Bently, L. & Sherman, B., 2014. Intellectual property law.. Oxford : Oxford University Press, .

Cornish, G., 2015. Reform of UK copyright law and its benefits for libraries.. Interlending & Document Supply, 43(1), pp. 14-17..

Crews, K., 2012. Copyright law for librarians and educators: Creative strategies and practical solutions.. Washington: American Library Association..

Dratler, J. & McJohn, S., 2016. Licensing of Intellectual Property.. London: Law Journal Press..

Evers, L., Miller, H. & Spengel, C., 2016. Intellectual property box regimes: effective tax rates and tax policy considerations.. International Tax and Public Finance,, 22(3), pp. 502-530..

Fainshmidt, S., White, G. & Cangioni, C., 2014. Legal distance, cognitive distance, and conflict resolution in international business intellectual property disputes.. Journal of International Management, 20(2), pp. 188-200..

Gibson, J., 2016. Community resources: intellectual property, international trade and protection of traditional knowledge.. London : Routledge..

Hagedoorn, J. & Zobel, A., 2015. The role of contracts and intellectual property rights in open innovation.. Technology Analysis & Strategic Management,, 27(9), pp. 1050-1067..

Harris, L., 2013. Canadian copyright law.. London : John Wiley & Sons..

Hart, T., Clark, S. & Fazzani, L., 2013. Intellectual property law.. London : Palgrave Macmillan..

Kumar, V., 2016. Intellectual Property Rights for SMEs With Case Studies on Patent Protection. Small Enterprises Development,. Management & Extension Journal , 37(2), pp. 2-3.

Leaffer, M., 2010. Understanding copyright law.. London : LexisNexis..

Lessig, L., Kieff, F. & Cole, G., 2014. Federalist Society’s Intellectual Property Practice Group and its Stanford Law School present a debate on Open Source and Intellectual Property Rights.. University of Massachusetts Law Review,, 3(1), pp. 3-4.

Lewis, J., 2014. Managing intellectual property rights in cross-border clean energy collaboration: The case of the US–China Clean Energy Research Center.. Energy policy,, 69(1), pp. 546-554..

Lo, C., 2016. Intellectual property, research intensity, and scale effect.. Journal of Business Research,, 69(6), pp. 2297-2301..

May, C., 2013. The global political economy of intellectual property rights: The new enclosures? (Vol. 3).. London : Routledge..

Raysman, R., Pisacreta, E., Adler, K. & Ostrow, S., 2016. Intellectual property licensing: forms and analysis.. London : Law Journal Press..

Steensma, H., Chari, M. & Heidl, R., 2015. A comparative analysis of patent assertion entities in markets for intellectual property rights.. Organization Science, 27(1), pp. 2-17..

Steensma, H., Chari, M. & Heidl, R., 2015. The quest for expansive intellectual property rights and the failure to disclose known relevant prior art.. Strategic Management Journal, 36(8), pp. 1186-1204..

Stokes, S., 2014. Digital copyright: law and practice.. London : Bloomsbury Publishing..

Torremans, P., 2016. Holyoak and Torremans intellectual property law.. Oxford : Oxford University Press..

Torremans, P., 2016. Holyoak and Torremans intellectual property law.. Oxford : Oxford University Press..

Waelde, C. et al., 2013. Contemporary intellectual property: Law and policy.. London : Oxford University Press..

Willcox, M. et al., 2015. Intellectual property rights, benefit-sharing and development of “improved traditional medicines”: A new approach.. Journal of ethnopharmacology, 176(2), pp. 281-285..

Williams, H., 2013. Intellectual property rights and innovation: Evidence from the human genome.. Journal of Political Economy, 121(1), pp. 1-27..

Woo, J., 2014. Copyright law and computer programs: The role of communication in legal structure.. London : Routledge..

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