Nobody downloaded yet

LAW - Essay Example

Comments (0) Cite this document
1. Messrs Soil can prevent the Tom brothers and Salisbury’s from marketing their bags in 2011 by using the common law. They have been using the mark for a year and in fact have been successful in marketing the same in their trade. Being the first to manufacture and put into commercial circulation the tompot bag, they a have acquired trademark rights on it…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER98.3% of users find it useful
Read TextPreview

Extract of sample "LAW"

Download file to see previous pages Trademarks could be any combination of words, names or symbols that are used in commerce as brand names, tag lines, slogans, non-functional and distinctive packaging and labeling designs, etc. to indicate the source of a product or service. Only non-functional elements are protected by law as trademark rights Functional aspects of a product or service are covered under patent law with a limited term of protection whereas trademarks are not limited in term (except by nonuse) (Trademarks Basics, n.d.). The law that protects registered trademarks and trademarks registration in the UK is the Trademark Acts of 1994 as amended (Intellectual, n.d). In addition, the European Union has implemented regulations to harmonize the laws of trademarks among its member states, including the United Kingdom (The trademarks, n.d). If a trademark is not registered, the original creator does not necessarily lose all rights to his works. Under UK common law, it is possible to take civil action. To make a successful claim, the owner must prove that the mark belongs to him, that the alleged owner has built a reputation using this mark and that he has suffered some damage because of the unauthorized use (Ibid). Trade marks can also be protected in the United Kingdom via common law rights established under what is called "passing off." The "passing off rights are established by the use of a brand and the establishment of goodwill (Registering, 2008). However, it is preferable to register a mark, as opposed to relying on common law passing off rights, as you have to prove that you have established goodwill to succeed in a passing off action. Also, passing off rights can be limited to a local area, whereas a UK Trade Mark registration automatically covers the whole of the UK (Ibid). The doctrine of Common law “passing off” works in a way that the owner of a mark can acquire some rights without registering his mark. A trader who uses a mark acquires “goodwill” in association with that mark. “Goodwill” has been defined as the quality, which causes a customer to go to one particular trader rather than any other (Ibid). The owner of a trademark can sue another trader who uses that mark in such a way as to confuse the public into believing that his goods are those of the owner of the mark. This is a “passing-off” action (The Basics, n.d.). At common law, a trademark is obtained by adopting and using the trademark, in association with goods or services offered for commerce ( Larson, 2003).. The mark must be placed in actual use before protection is available. Once the mark becomes associated in the mind of the public with the particular good or service, the common law trademark is established. Ordinarily, the geographic scope of the common law trademark is limited to the area of use. The three fundamental elements to passing off are reputation, misrepresentation, and damage to goodwill, which are sometimes known as the classical trinity, as restated by the English House of Lords in the case of Reckitt & Colman Ltd v Borden Inc [1990] 1 RPC1 341 1 (the Jif Lemon case) (Passing n.d). Passing off does not recognize them as property in its own right, but prevents one person from misrepresenting his or her goods or services as being the goods and services of another person or the plaintiff in infringement proceedings. The law of passing off is designed to prevent misrepresentation to the public ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“LAW Essay Example | Topics and Well Written Essays - 1750 words”, n.d.)
Retrieved from
(LAW Essay Example | Topics and Well Written Essays - 1750 Words)
“LAW Essay Example | Topics and Well Written Essays - 1750 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document



...? (a) Before the war, A had lent money to Cee Company. B now claims that it is en d to half of that money. B is en d to some amount of that money since at the time the contract was signed it was one country. However the amount of money it will receive is dependent on the location of Cee Company and whether its operations lie in country A, B or somewhere between the two. The motives behind the loan must also be assessed clearly in order to determine the objectives of the transaction. Just like the seceding state is obliged to pay its share of the national debt after the secession, it is also entitled to a fair share of the loan given to Cee Company. However the manner in which such transactions are to be handled often depends on the...
5 Pages(1250 words)Essay


...? Section 4 Introduction Legal matters in business situations are very common nowadays. They tend to create a formal and commercial dealings between one another of which law is a major part. No business dealing can be made outside the scope of the law and the terms implied by law. In various business situations, negligence can occur because of which the business can be held vicariously liable. There are some principles of liability that are separately applied for the business situations (Harpwood, 2008, 201). Applying negligence and its defenses in different business situations: The elements of negligence are existence of a duty of care, the breach of that duty and reasonable damage...
15 Pages(3750 words)Essay


...?Essay questions I believe that in this case, the Court should rule in favour of Elin and reject Grapes & Vines Winery’s action. The contract concluded between the parties specified a deadline for performing the contractual obligations. It stated that the wine was to be delivered on or before May 1. Therefore, Grapes & Vines Winery could have delivered the wine anytime before May 1, as the contract did not limit their duty to perform only on May 1. However, they chose to do it in the last possible day – May 1. The fact that the delivery van was involved in an accident does not constitute an objective impediment to performing the contract (destruction of the subject matter of the contract cannot be used as an excuse in this case... questions I ...
1 Pages(250 words)Essay


...., is primarily liable because under the agency law, the principal is liable for all the acts of the agent which are within the authority usually confided to an agent of that character, notwithstanding limitations, as between the principal and the agent, put upon that authority. The driver was acting within the authority confided to him by the principal when the accident happened. 6. Answer: As an independent contractor, the driver of the truck is primarily liable because the employer has no control how the work is done provided the result was delivered to him. 7. Answer. a. the plaintiffs can collect the entire judgment from either defendant 8. Answer: Punitive damages are in order in this case for this is a tort case of...
7 Pages(1750 words)Assignment


...committed in a gravious manner if an individual or group cause severe injury to the others or the individual or group causes severe injury using a fatal weapon or deadly weapon (Chambliss 2011). Throughout, the law treated the threat of physical injury as assault while battery was considered the complete contact to cause harm. This version of the distinction is no longer valid as compared to the physical contact hence null and void. For Hilder to be taken to the hospital after being hit by the husband with a chair leg by the husband Billy is a clear example of Assault or battery to mention. The act is worsened when Billy further exposes their violent acts to the public through putting a slap on the face of the nurse,...
8 Pages(2000 words)Essay

Company Law - English law

...(a) It was established in Salomon v A Salomon & Co [1897 that 'The company is at law a different person altogether from the subscribers. Nor aresubscribers as members liable, in any shape or form, except to the extent and in the manner provided by the [Companies] Act.'2 It is a general principle of English law that it is not possible in the absence of agency, a trust relationship or wrongful trading to hold one person liable for the debts of another.3 However, like most common law principles and judicial interpretations it is a rebuttable presumption which must give way to a statement to the contrary 'in clear and unequivocal language'4 by Parliament. Under its equitable discretion the...
10 Pages(2500 words)Case Study


...SECTION A: Introduction The United Kingdom has three distinct legal jurisdictions: England & Wales, Northern Ireland and Scotland. ‘English Law’ is the name given to the law implemented in England and Wales and refers to the legal system administered by the courts in England and Wales. “English Law” has an evolving history starting from the local traditions of the Anglo-Saxons times in the fifth century and culminating in the modern approaches where continental laws are gaining importance. The main sources of English Law are as follows: Court Laws: Court Laws are rules made by the decisions of the judges in history....
4 Pages(1000 words)Essay


...TABLE OF CONTENTS SL. NO. Page No Introduction 2-3 1 International Petroleum Agreements 3-4 2 IPAs and Environmental Pollution 4-5 2 ExxonMobil Corp. Violates The Clean Air Act 5-6 2.1 Shell Group to Install Anti – Pollution Equipment 6-7 3 Observations 7-8 3.1 Oil Sector of Libya and Environmental Laws 9 3.2 BP Deploys Oil Spill Minimization System 10 4 Oil Spill is a Worldwide Issue 11-12 5 Conclusion 12-13 Sources 14 INTERNATIONAL PETROLEUM AGREEMENTS and the Environmental Clause 1. Introduction Since times immemorial human beings have been relentlessly finding ways of obtaining various resources from nature that not just address their vital needs, but also promise financial prosperity. These activities of mankind...
10 Pages(2500 words)Research Paper

SCOTS LAW - commercial law

...Scots Law - Commercial Law al Affiliation) Scots Law - Commercial Law: Might the regime governing a buyer’s remedies for defective goods be improved? Scots law is the jurisprudence of the inhabitant of Scotland. Scotland though is part of the United Kingdom; its legal system is autonomous. It has its own laws with courts. The law of Scotland originates from a large number of sources; laws in Scotland are totally different from those of other parts of the United Kingdom. The varied sources from which this law originates include; Legal principles and the Roman law Scots...
5 Pages(1250 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic LAW for FREE!

Contact Us