Trade Name Infringement
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- Date Submitted: 03/17/2011 10:44 PM
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Rally Motors and Trade Name Infringement
Every business wants to make a name for itself. Companies spend large amounts of money to market their names and even more money to protect them. Many times, a company’s name is the beginning of its branding culture, where it seeks to be unique and easily identifiable. The federal government has identified areas of commerce where some companies may attempt to establish themselves based on the popularity and success of other companies’ names. For this reason, the government has provided safeguards for companies by way of federal trademark acts that will prevent and punish such predatory practices. This essay will discuss the rights attributed to a company’s trade name and/or trademark.
Explain whether or not the fact that Gabby’s surname is Rally gives her the right to use it any way she wishes.
There is not question that in the public sector for the purposes of identifying oneself, you have the right to use your given name. However, this does not apply in the commercial sector. Gabby must abide by trade name and trademark rules when naming her company, even if her last name has legally been “Rally” for over fifty years. Imagine if her name was “Tostinos” or “Domino.” The lone fact that her last name is Rally does not give her liberty to use it as the name for her company. In commerce, one must be certain that he/she does not infringe upon another’s trade name. This is a case of intellectual property, and more specifically infringement law. Federal trademark infringement law protects a company’s ownership rights to the name, logo, or symbol that identifies its products (Halbert, 342).
Explain whether or not it matters that Rally is associated with pizza.
The question of whether it matters that Rally is associated with pizza entertains the question of whether it is of any consequence that two companies in different competitive markets can legally share similar names. Cases involving infringement require...
Every business wants to make a name for itself. Companies spend large amounts of money to market their names and even more money to protect them. Many times, a company’s name is the beginning of its branding culture, where it seeks to be unique and easily identifiable. The federal government has identified areas of commerce where some companies may attempt to establish themselves based on the popularity and success of other companies’ names. For this reason, the government has provided safeguards for companies by way of federal trademark acts that will prevent and punish such predatory practices. This essay will discuss the rights attributed to a company’s trade name and/or trademark.
Explain whether or not the fact that Gabby’s surname is Rally gives her the right to use it any way she wishes.
There is not question that in the public sector for the purposes of identifying oneself, you have the right to use your given name. However, this does not apply in the commercial sector. Gabby must abide by trade name and trademark rules when naming her company, even if her last name has legally been “Rally” for over fifty years. Imagine if her name was “Tostinos” or “Domino.” The lone fact that her last name is Rally does not give her liberty to use it as the name for her company. In commerce, one must be certain that he/she does not infringe upon another’s trade name. This is a case of intellectual property, and more specifically infringement law. Federal trademark infringement law protects a company’s ownership rights to the name, logo, or symbol that identifies its products (Halbert, 342).
Explain whether or not it matters that Rally is associated with pizza.
The question of whether it matters that Rally is associated with pizza entertains the question of whether it is of any consequence that two companies in different competitive markets can legally share similar names. Cases involving infringement require...