The Definition of a Trademark and Goodwill

The Definition of a Trademark and Goodwill INTRODUCTION Definition of trademark Any company has the right to take legal action if enough evidence is provided to the court. The company that feels infringed can take legal action supported by the principles of intellectual property rights. Company X has the rights to take legal action against company Y on the basis of fundamental principles under intellectual property rights. Company X is a manufacturer of cool soft for men under the trade mark as cool soft as the first company to register under such a distinctive name. Company Y also starts to manufacture real soft for men under the trade mark real soft after company X is already trading. Trade mark by Yu,(2007), is defined as any word, name, symbol or device or any combination thereof used by a person to identify and distinguish his or her goods from these manufactured or sold by others and to indicate the source of the goods. In the case of laximikant Patel vs Chetan bhat shah, it was held that the trade the definition of trade mark is very wide and means a mark capable of being represented graphically and which is capable of distinguish the goods and services of one person from those of others. In this case company X has come up with a distinctive name as it trademark as the source to all consumers or as a source of such a product. Company X coming up with a name trade mark that is totally different from any other company. Furthermore, what is necessary is the connection between the mark used in relation to the goods and the person claiming a right to use the same. Recently in the case of Jaleel Associates vs Hotel sugar, it was held that if a name used in relation to goods or services for the purpose of indicating a course of trade between goods and services and some person having the right to use such name whether with or without any indication of the identity of that person such name is a trademark. In this case, company X under the trademark cool soft is able to portray a certain that of trade and under such a trade, people are able to identify the trade or goods or services that are being provided and this becomes a trademark. On the other hand company Y does not come up with something different but follow in the same trade as company X which has already have the trade mark because of being able to make easy identification to customers on goods or services being provided in that particular market. In addition, company X has also registered the trade mark cool soft. Under the Trade Mark Act section 14(1) provides that a mark will only be registered as a trade mark if it contains or consists of a word or words having no direct reference to the character or quality of the goods and not geographical name or surname. In this case company Y’s trade mark real soft has a direct reference to the trade mark of company X which is prohibited under the Trade Mark Act. Goodwill The goodwill of company X is portrayed were the cool soft has been marketed over a period of time, whilst company Y has just started manufacturing. Goodwill is ability to attract customers and potential customers to do business with the owner. Company X has developed goodwill for a long period of time. Customers have been buying their products, and this has made the company to amass for revenue, maintaining a bigger market share and brand loyalty. Unlike company Y who are just new to the business and has not been tested in the industry for a longer period. In the case of Hotel Capriani vs Cipriani (Grosvenor street) 2010, it was held that the claimant succeeded in both action sued which were trademark infringement and passing off. Company X has the right to take such legal actions. The aspect of marketing the product for a long period of time has made company X to be an established company, trusted by many people and therefore the sufficient enough to take legal action. In the case of Jules Rimet vs the football Association, it was held that after considering the claimant’s evidence which included references to the mascot in the press from time to time concluded that there was sufficient residual goodwill for action of passing of. Apart from this, in the case of Reckitt and Coleman products Ltd vs Borden Inc, it was held that the existence of the claimant’s extensive and exclusive goodwill built over the years, a misrepresentation as to the goods or services offered by the defendant and damage to the claimant’s goodwill as a result of the defendant’s misrepresentation amounted to passing off. Company X has built a reputation over the years and company Y by producing a product similar has somehow destabilize the sales, customers and market share of company X which in the case above amounts to passing off. Passing off is an attempt by one trader taking advantage of the goodwill developed by another to the detriment of the trader. Company X has marketed over a period of time and company Y has just started manufacturing similar products like the ones that company X is manufacturing. In a similar case Erven Warnink Bv vs J Townsend Sons Ltd (1979), it was held that not only damage due to lost sales but damage to reputation by being associated with inferior product amounted to passing off. Townsend was liable for passing off their goods as those of Warnink and the court applied the test for passing off which includes and any situation where misrepresentation is likely to injure the claimant’s goodwill. There was no trademark infringement but passing off. In order for one to claim passing off, there must be elements of the following aspects: There must be a goodwill or reputation attached to the goods or services of the claimant. In this case company X has marketed its product over a long period of time than company Y which has just started marketing same products. By marketing for a long period of time, company X has built a good relationship with customers. Sales have dropped due to company Y producing the same kind of product thus driving away customers to buy the other product and reducing the profitability of company X. This gives the right for company X to take legal action against company Y as this amounts to passing off. In the case of Buckley LJ H P Bulmer Limited vs Bollinger SA (1978), the court held that a man who engages in commercial activities may acquire a valuable reputation in respects of the goods in which he deals, or of the services which he performs or his business as an entity. The law regards such a reputation as an incorporeal piece of property, the integrity of which the owner is entitled to protect. So in this case, company X has built a reputation by marketing for a long period of time and by such the company’s image, property and reputation are entitled to be protected. For passing of to be established there must be an element of misrepresentation. This element of misrepresentation is shown by company Y when manufacturing the products with similar packaging in white, dark blue and green colors as the ones that company X has manufactured for a long period of time. Misrepresentation is a false description made consciously or unconsciously through the use of a mark, trade name or get-up (brand name, trade description, individual features of labelling or packaging) with which the goods of the claimant are associated and which is likely to mislead the sensible members of the public. 3.0 Misrepresentation In the case of Arsenal Football Club Plc vs Reed (2001), it was held that the disclaimer was sufficient enough to prevent misrepresentation which is a necessary ingredient for passing off. The customers had not been deceived into buying and there was no real likelihood of confusion. But in this case company Y has labelled its product similarly to the ones of company X thus creating confusion as customers would not be able to differentiate from the original product hence deceiving customers. The deception as a result of a misrepresentation is an essential ingredient for a claim in passing off. In the case of BP Amoco Plc vs John Kelly Ltd (2005), it was held that deception or its likelihood lies at the heart of the tort of passing off. If the customer can see sufficiently clearly when he gets close to the station that the product sold is not that of Bp, he does not buy the petrol under the mistaken impression that he is getting Bp petrol. But in this case it is hard for a customer to clearly see the difference as the packaging of company X is white, dark blue and green, similarly to the one that company Y has started manufacturing. The packaging looks the same and this causes deception as company Y would be selling its product to customers who might buy on the essence that the product they are buying is for company X which has been manufacturing the product for a long period of time. By doing so company Y is deceiving customers into buying a product which is not the actual known product in the market which is manufactured by company X. This still amounts to passing off as company X is entitled to take legal actions under such circumstances. In the case of Combee international v Scholl (1975), the plaintiff manufactured insoles called odox heaters which contained activated charcoal. The defendant who was a well-known manufacturer of footwear also produced odox heaters. These were packaged in the same way. It was held that an injunction was granted on the basis that there was misrepresentation as the origin of the defendant’s product which was inferior. So in the same way company X can take legal actions against company Y because company Y is packing in the same way as the product of company Y is sold. Furthermore in the case of Wilkinson Sword Ltd vs Cripps Lee, the court held that the plaintiff had indeed have a reasonable cause of action. Meaning company X has the right to take legal actions. Damage to good wil Damage to good will would be a loss of reputation or control over reputation, exposure to litigation or erosion of the mark. Company Y has just started making similar goods as the ones made by company X. This has resulted in some of the customers buying from company Y thus reducing the gross profit for company X because the two companies share customers. In the case of Annabel’s (Berkley Square Ltd vs G Shock (Annabel’s Escort Agency), 1972, it was held that there a was sufficient association between what the public would consider the field of activity in which both business conducted

Simpsons Vs Wells :: essays research papers fc

The advent of new technology has been a source of trepidation throughout history. Just as with any change, fear is often the pervasive response to new technology and developments, especially amongst those who do not fully comprehend the changes. It seems, however, that people ignorant of the true meaning and extent of technology are the most likely to place unwarranted faith in its abilities. Technology becomes an authority—one that is difficult to question or rebel against. After advances become accepted, complacency sets in, reducing the general public's vigilance against dangers to society in any form. This lack of vigilance, due to an unwarranted faith in authority, is depicted and questioned in H. G. Wells's The War of the Worlds. Published in 1898, the message of Wells's work remains relevant, even in the present day. Criticisms of an unwarranted faith in authority manifest themselves in modern culture in multiple media. The Simpsons, a half-hour animated television program, represents such a manifestation. The episode entitled 'Bart's Comet,'; first aired on February 5, 1995, criticizes a blind allegiance to authority in any form by humorously detailing Springfield's response to an approaching comet, which threatens to destroy everyone in the town. The episode parallels Wells's chronicle of the Martian invasion in its depiction of authority. Unwarranted faith finds an unfortunate place in government, religion, and science in both accounts of impending disaster. In themselves, these three fundamental elements of society do not receive criticism. The misguided trust people someti mes place in these institutions, relying on them as unquestioned and unquestionable authorities, receives the brunt of the censure in both works. The townspeople themselves receive their fair share of reproach as well. In both works, the people criticized include not only the general middle- to upper-class communities, but also those responsible for the criticizing. In The War of Worlds, the government plays a silent role that finds its reflection in the attitudes of the townspeople upon the first arrival of the Martian cylinder. Here, the ignorance of the public manifests itself in the cavalier attitudes of the people toward the potential threat. In the opening lines of the novel, the public's demeanor becomes evident: 'With infinite complacency men went to and fro over this globe about their little affairs, serene in their assurance of their empire over matter'; (Wells 3). During the height of the British government's domination of the world, through the spread of its colonies and economic power, Wells's description of the people's security in their empire over matter, over reality itself, seems most fitting.

Leave This Chanting

Gitanjali is a collection of 103 English poems, largely translations, by the Bengali poet Rabindranath Tagore. ‘Leave this chanting’ is the 11th poem in the collection. The poet advises the priests to give up their counting of beads and their singing and chanting of mantras. He also urges them stop the worship of God in a secluded corner of the temple, with their eyes half shut. He sharply states, ‘Open your eyes and see God is not there before you. ’ God is not to be found in this way.God lives with the humble and down-trodden like the tillers of the land and path-makers who work hard at breaking stones. He lives with those who toil in sun and shower and whose clothes are soiled with dust. If the priest wants God he must come out of his temple, give up his holy robes and work with the humble tillers of the soil in rain and sun. Tagore thus glorifies the life of the humble labourers and rejects the ascetic way of life. The ultimate spiritual goal of the asce tic is to seek deliverance.This is the liberation of the soul from the cycle of birth and death. But God Himself is bound to all of us in chains of love. He himself is not free and He has joyfully bound Himself to the work of creation and to the objects He has created. How can then man ever hope to be free from bondage? He urges the ascetics to leave the ritualistic flowers and incense which does not serve any purpose. According to the poet one can find God not in the temple but with the workers who are working whole day in the dirt and under the hot sun.He asks us what harm is there if you work under the sun and if your clothes become dirt. Even when your clothes are turn out or stained there is no harm because one is going to see the creator. Thus Tagore conveys that participation in the activity of life is essential for the realization of God. This poem ‘Leave This Chanting’ is equally important in World Literature due to his exposing the pseudo-zeal of worshippers e verywhere.

Nelson Mandelas Use of Power

Nelson Mandelas Use of Power The dark struggle in South Africa saw many black people suffer at the hands of the immigrants- white settlers. In order to combat the situation and forge the path to freedom, majority of native South Africans came together to form an organization known as the African National Congress (ANC). ANC became the vehicle of promoting the interests of black South Africans who felt that the white populations had leaped more than what they sowed.Advertising We will write a custom essay sample on Nelson Mandela’s Use of Power specifically for you for only $16.05 $11/page Learn More Additionally, the architects of ANC thought that this was the weapon to combat apartheid and bring civility in the new administration of South Africa. In 1944, Nelson Mandela joined ANC and started participating in its activities. He endured many torrid moments including being imprisoned for almost 27 years. However, in 1994, Nelson Mandela became the first black president of South Af rica. This article discusses Nelson Mandela’s use of power. During all his struggles, Nelson Mandela understood very well the needs and desires of the people. He believed in the ideology that all men are equal and should not be discriminated against any form. This was the main reason why he always refused to abandon his political beliefs for political freedom. Not even prison would stop Nelson Mandela from achieving his ambitions. Today, Nelson Mandela is known across the globe for his struggle, and what he did during the apartheid era in South Africa. The man who spent his entire life fighting for the rights of his people became the symbol of struggle not only to black South Africans, but also the entire world. The use of his power is also another thing that has caught the attention of the world (Guiloineau, 2002, pp. 10-26). Nelson Mandela was the unifying factor in the post-apartheid era pitting black South Africans and the white populations. Although many white populatio ns feared that Nelson Mandela would retaliate against them, he chose otherwise. He promised to uphold the constitution- something he did. Nelson Mandela did not use his power to benefit himself; instead, he devoted his presidency in serving the republic of South Africa and its citizens. Apartheid became a thing of the past even, as the black South Africans became free in their own country. It is true that Nelson Mandela suffered so much in the hands of the white minority rule, but after becoming president, transformative power, reconciliation, and tolerance became the pillars of his administration. He was a man who understood what power means, and he always devoted his time to ensure peaceful coexistence among all South Africans. He taught the world the meaning of humanity, by besieging people to live and see each other as equals. In fact, Nelson Mandela used his power to show the world how justice and tolerance overpowers even the greatest of cruelties.Advertising Looking f or essay on history? Let's see if we can help you! Get your first paper with 15% OFF Learn More He used his power to combat racism and other racial related vices that had taken roots in South Africa. Mandela knew very well that by eliminating such vices, people will live harmoniously thereafter. Indeed, this was a show of humility, resilience and tolerance. Mandela led sustained movements in order to promote and protect the rights of all South Africans. Consequently, many South Africans felt secure in an equal society. He took various strides to eliminate discrimination and set the path of justice and equality. Through his presidency, discrimination of the base of ethnicity, race and even sexual orientation, all became a thing of the past. He used his power to promote education for all, cultural exchanges, ambient public service, and many more fundamental freedoms. Just like Nelson Mandela, many of the current world leaders can lead sustained efforts to promote cohe sion; tolerance, equality, and justice for all just like what Mandela did (Mandela, 1996, pp. 23-47). References Guiloineau, J., Rowe, J. (2002). Nelson Mandela: the early life of Rolihlahla  Mandiba. Berkeley, California. North Atlantic Books. Mandela, N. (1996). The Illustrated Long Walk to Freedom. Paul Duncan (abridgement and picture editing). Boston: Little Brown and Company.

Free Essays on Sybolism

Symbolism The short stories â€Å"The Lottery† and â€Å"Everyday Use† used symbolism to express their main points. Different symbols involved in each of the stories gathered significant meanings, which enlightened the reader. The main and most important symbol in â€Å"Everyday Use† was the quilts. The quilts revealed the mother’s equal love for her children. â€Å"Maggie and Dee’s mother promised Maggie that she would give her the quilts when she marries John Thomas† (Walker 69). Even though Dee was the brighter and prettier daughter, the mother promised Maggie the quilts after Dee rejected them. The quilts required hard and dedicated work by the mother and Big Dee. They did not make the quilts so that they could be on display, but they made the quilts for everyday use. Dee’s desire for the quilts brought out her inner-self and true feelings towards her sister Maggie. Dee said, â€Å"Maggie can’t appreciate these quilts! She’d probably be backward enough to put them to everyday use† (Walker 70). Dee did not want the quilts when she went to college, but when she returned she wanted them more than anything. Dee wanted the quilts because she was jealous of her mother giving them to Maggie. The symbol of the quilts brought out Dee’s selfishness and cruelty. One of the symbols in â€Å"The Lottery† was the stone. At the beginning, young children coming from school were collecting stones and putting them into piles. â€Å"Bobby Martin had already stuffed his pocket full of stones, and the other boys soon followed his example selecting the smoothest and roundest stones† (Jackson 78). The author makes the reader think of the stones as being non-harmful by referring to the stones as smooth and round. Little does the reader know that the stones are used at the end to stone a woman to death? The main and most important symbol in â€Å"The Lottery† was the black wooden box. â€Å"When Mr. Summers arrived with the wooden ... Free Essays on Sybolism Free Essays on Sybolism Symbolism The short stories â€Å"The Lottery† and â€Å"Everyday Use† used symbolism to express their main points. Different symbols involved in each of the stories gathered significant meanings, which enlightened the reader. The main and most important symbol in â€Å"Everyday Use† was the quilts. The quilts revealed the mother’s equal love for her children. â€Å"Maggie and Dee’s mother promised Maggie that she would give her the quilts when she marries John Thomas† (Walker 69). Even though Dee was the brighter and prettier daughter, the mother promised Maggie the quilts after Dee rejected them. The quilts required hard and dedicated work by the mother and Big Dee. They did not make the quilts so that they could be on display, but they made the quilts for everyday use. Dee’s desire for the quilts brought out her inner-self and true feelings towards her sister Maggie. Dee said, â€Å"Maggie can’t appreciate these quilts! She’d probably be backward enough to put them to everyday use† (Walker 70). Dee did not want the quilts when she went to college, but when she returned she wanted them more than anything. Dee wanted the quilts because she was jealous of her mother giving them to Maggie. The symbol of the quilts brought out Dee’s selfishness and cruelty. One of the symbols in â€Å"The Lottery† was the stone. At the beginning, young children coming from school were collecting stones and putting them into piles. â€Å"Bobby Martin had already stuffed his pocket full of stones, and the other boys soon followed his example selecting the smoothest and roundest stones† (Jackson 78). The author makes the reader think of the stones as being non-harmful by referring to the stones as smooth and round. Little does the reader know that the stones are used at the end to stone a woman to death? The main and most important symbol in â€Å"The Lottery† was the black wooden box. â€Å"When Mr. Summers arrived with the wooden ...

How to Make Canoeing a Fascinating and Exciting Hobby Essay

How to Make Canoeing a Fascinating and Exciting Hobby - Essay Example It is the hope of the author that such a close level of discussion and analysis will be useful not only in helping the reader to come to a greater level of appreciation with regards to the complexities and nuances of canoeing but also a greater interest in the hobby and a desire to go outdoors and attempt to master some of these techniques on one’s own.Firstly, prior to going anywhere, it is necessary to consider the structural soundness of the craft in question.   On more than one occasion I have had the misfortune of starting a trip without ensuring that everything was fine with the craft.   Such a level of inspection can and should include an analysis of whether or not all the gunnels are in place, whether or not any leaks are present, and whether or not the craft is rigid enough to allow for the movements that are part of the process of canoeing.   Once this has been ascertained, it is then possible to consider proper flotation devices and ensure that each and every individual that will be going on the trip has a life vest that is suited to their needs, size, and weight.  Once each of these considerations has been made, it is necessary to review whether or not the individuals that will be accompanying the helmsman (an individual who is responsible for the safety and direction of the voyage) to question whether or not any of the participants are experiencing their first time in a canoe.   Such a question is not merely for the sake of conversation; rather, it has to do with warning them of the fact that a canoe is by very definition much less stable than other forms of watercraft and they should be mindful of this fact when seated.   Moreover, a warning not to move around once the craft has set out is also necessary.   Finally, the number of people going must be compared with the safety allowances of the craft and the overall weight limitations provided.   Once all of this has been completed, it is then allowable to pass out the paddles and proceed with the trip.

Decision-Making Model Essay Example | Topics and Well Written Essays - 1000 words

Decision-Making Model - Essay Example Ethical dilemma or problem of this case can be to make the decision for the recovery of the child and for improving the quality of life of the child suffering from fever. This problem has been raised due to the wrong decision of the parent, because the parents of the child are divorced. Parents play the most vital role in the recovery of disease of their children and therefore, if parents take wrong decisions regarding the treatment, then it can be a major dilemma for the well-being of the health of the children. From the provided case study, it can also be evaluated that wrong decision has been taken due to religion and cultural problem (Vaz & Srinivas, 2014; Moulton & King, n.d.). Decision should be taken based on the importance of the problem or treatment, because during the time of treatment, decisions of the family members or parents play a vital role for the well-being of the health of their patients. During the time of treatment, the responsibilities of the doctors are to diagnosis the problem and then provide the treatment solution to the parents or family members through which the disease of patients can be reduced.