Trademark Law - Case Study Example

Business Entities, Laws and Regulations Information Law and Regulations to be Observed by Frank Frank intends to start a construction company and register is by the name of a character he played in a popular movie he played. Just like the incorporation of other types of companies, it is a demand of the law that the proprietors comply with several aspects companies, both in general terms and with regard to the specific business line that the company intends to enter into. This is because there are trade specific requirements as well as general requirements that cut across companies operations. The initial consideration that Frank will be required to make by law is the validity of the name that he has chosen for the company. As far as the information provided is concerned, Frank just chooses to name his company under the name Stonecraft Builders. There are considerations to be made since the name can be rejected on several grounds such as the possibility of existence of another company with a similar name which automatically disqualifies usage of the name. A foreign company registered in the country under a similar name could also act against the usage of the name by Frank. Alternatively, the same name could be in reservation for use by a company intending to be registered, which is at an advanced stage than Frank’s name (Emerson, 2009). A registered company or a foreign company registered in the country could also be in the process of changing its name to use a similar name instead. To ensure that the name is safe for use by the company, Frank needs to apply for registration for trademark which will protect his company’s name. This step will protect his investment plan from several factors likely to hinder the actual incorporation of his company, even if he does it at a delayed date. Some of such oppositions could come from the owner of the name in the movie, who can only stop him by prove of a trademark. Trademark law is contained in Lanham Act of 1946 and specifies that protection should be authorized by the US Patent and Trademark Office. Having secured the name of the company, Frank will have to consider hiring an attorney for the completion of other complex legal procedures which included filling of legal forms, procedure for incorporation of the company, appointment of directors, designing of articles and memorandum of association, application of permits and certificates. Registration of companies is however regulated by State Law where specific requirements are outlined depending on the legislation specifications of the state. Risks Involved in Construction Industry Every construction project that companies in this line of business engage in are unique with an almost certain possibility of presenting challenges never experienced before. This implies that even if the final result of the project may be referred to using a common name, the underlying challenges can not be similar like what happens in several other industries. Construction projects involve labor and technical intensive procedures that demand a lot of cooperation and successful communication. It therefore implies that management becomes a critical element which ensures that there are no major breakdowns in the several links that sustain the operation of the business. For instance, clients, contractors, government, designers, engineers, suppliers, vendors as well as trade regulating agencies need to be in a harmonious control in far as compliance and operations are concerned. Based on the Porter’s Five Points of industry competitiveness, there is a considerable risk in construction business. According to McCabe (2010), an analysis of construction industry’s position regarding Porter’s Five Forces illustrates that there are considerably lower hindrance forces of entry of new competitors when compared to several other industries such as mining. Alternatively, there are reduced bargaining powers from the company’s perspective. Similarly, there is a high level of substitution or availability of other related commodities which places the company in a less desirable market position when compared to several other industries. Concerning profitability, perhaps the Porter’s analysis can attest to the low high failure cases reported by construction companies. According to Atalla (2006), it was reported by the Internal Revenue Service that about forty percent of construction companies posted losses in the year 2002. It is therefore a common phenomenon that construction companies post negative figures when economic conditions point to the contrary. Supply chain of construction industry products is generally skewed and unpredictable due to the inability of the companies to control two of the determining factors of their operation costs; direct and indirect labor and material. Employment Regulations Jackhammer operation might require strict control due to the liability that the company has in case its use caused injury or harm of any nature. Using the job description outlined in the advertisement, it is supposed to be enforceable even in law whereby both parties to the employment engagement remain bound. A high school diploma should supplement to the applicants ability and experience to operate a jackhammer. Employment laws and regulations provide that the hiring process ought to be as clear as possible and fair as well. Everybody has rights which should be respected during the hiring procedure and cases of mistreatment and discrimination are actionable causes before the law on the part of the applicants (EEOC, 2010). Michelle’s case: Equal employment law protects pregnant women against discrimination in employment. The fact that Michelle is pregnant is not reason enough for the rejection of her application (EEOC, 2008). The company can however deny her a chance for the position on the basis of incapacity to deliver expected results following her pregnancy. Alternatively, looking like she is pregnant is not a verifiable fact and the company must establish her state and protect her pregnancy from possible harm by rejecting her application. It should however be on justifiable grounds that the job presents harm to pregnant women. Eric’s case: the job description should be followed to reject Eric’s application in that he does not have a high school diploma qualification. Experience alone is not a part of the job description. It is possible though to consider the possibility of the applicant’s plans to have the diploma within the shortest time possible so as not to compromise the intended use of the diploma education in the job. It appears that it is not within the convenience of both parties that a high school diploma is acquired soonest possible for a 55 year old, whose other level of education is not stated in the case (McAllister, 2010). Felipe’s case: according to the EEOC, it should be clarified under “English-only rule” basis of hiring, if the applicant’s language will negate safety or efficiency elements in the business in question. If English is necessary for issuance of instructions to the applicant during his duties, then he may not be picked for the job. His lack of a high school diploma automatically puts him out of contention. Nick’s case: Nick is has a high school diploma but lacks the required experience. He will be locked out of contention due to lack of experience but not on grounds of epilepsy that he suffers from. Nick is protected form discrimination by the Americans with Disability Act. Evaluation: depending on the above legal revelations, the best candidate for the jackhammer operator appears to be Eric whose experience mitigates the education requirement that can be arranged with time. Alternatively, since each of the applicants had some form of inadequacy, it should be given a second shot for more applications to consider if time allowed. List of Paul’s Business Registration Steps Paul will ensure that he does the following to register his business; establish the legal entity structure, register the name, federal tax identification, revenue agency registration, acquiring of business license as well as acquiring of certificate or permit of operation. Liquidation procedure will entail filing of liquidation resolutions as the first step. These resolutions are then published by the Registrar within some specified time. A qualified liquidator has to be appointed to facilitate the procedure. The company will then be liquidated to stop operations (Hawkins, 2010). Record Keeping Requirements and Compliance Breach Consequences For quarry business regulations, it is imperative that records are kept systematically to illustrate the operations of the company with regard to; financial data needed by revenue collection agencies and output data for use by environment regulation agencies. Consequences of failure to comply with legal documentation could attract heavy fines as well as Low Quality Marble Under the US Anti Trust Law, unfair business practices are prohibited to protect the customer from scrupulous businessmen. The customer has an actionable cause against the company. The company will face legal charges for having supplied low quality marble through an employee. Since the employee acts as an agent of the company, liability solely and squarely lies within the hands of the company. But the company can establish negligent acts in the conduct of the employee. If the customer succeeds in filing such a case, a project may be brought down and rebuilding authorized at the expense of the party carrying the liability. Product liability laws will be applied in arriving at the liability of the parties with regard to the condition of the project using the low quality marble. References Atalla, P. W. (2006) Building a successful construction company. Chicago, IL: Kaplan Publishing Emerson, R. W. (2009) Business law. Hauppauge, NY: Barron’s Educational Series Hawkins, S., (2010) “Voluntary Liquidation Procedure in Guernsey.” Retrieved from: http://ezinearticles.com/?Voluntary-Liquidation-Procedure-in-Guernsey&id=4965263 McAllister, S., (2010) “Employment Law.” Allexperts.com. Retrieved from: http://en.allexperts.com/q/Employment-Law-924/2010/3/employment-law-7.htm McCabe, S., (2010) Corporate strategy in construction: Undertaking today’s theory and practice. Hoboken, NJ: John Wiley and Sons US Equal Employment Opportunity Commission, (2010) “National Origin Discrimination.” Retrieved form: http://www.eeoc.gov/laws/types/nationalorigin.cfm Read More