Intellectual Property Rights - Essay Example

More specifically, since this case involves a symbol which would denote a product, it is considered as a copyrighted symbol. To the original creator, the law permits him to decide the terms and conditions of the sale of the property in order to earn financial benefits. He advertises the work and sells nonexclusive rights of his logo to six different entities at 29 dollars a piece. The non-exclusivity of the sale shows that he still owns the logos; he holds the original rights to the logos. B would, therefore, be compelled to agree to the terms fronted by A in order to gain ownbership of the same.

In this case, B seeks to do away with the logo created by A, this would still compel the former to agree to the same terms. B creates a logo one year later and sells it to C. However, the logo is has striking semblances to that created by A yet B alludes that it is an independent creation. B sells the logo innocently ignorant of the fact that his logo resembles that created by A one year earlier. However, the assumption is that A was the original creator of the logo. A legal solution to the issue comes in the form of B seeking to purchase A’s logo.

The case presented herein requires clear legal outlines to guide the process of purchase of A’s logos. By extension, it should not be forgotten that B’s logo only showed similarity to A’s creation and that it was not necessarily an act of infringement on a copyright. Besides, there are no legal stipulations which determine similarities of copyright symbols. It is out of B’s own will that he seeks to sort out an apparent similarity in the two logos by buying A’s. ANALYZES 1. Trying to buy the rights from A is the most objective move since B cannot register the same logo which A created a year earlier.

This is despite the two logos being not the same. B needs to buy all the exclusive rights from A. This would save B the possible embarrassment from the similarity in the two logos. However, the sale is complex because A had sold some nonexclusive rights to six other clients whom he met on the internet. The other clients might pose a legal challenge. However, if they have not started using the logo, we should look for ways to cancel the licensing agreement with the other six people. Therefore we kindly ask for the licencing agreement so that we can find clasues that could be in favour of B.

Also, C will require the exclusive rights of his client, B. 2. C may sue B and they would be justified to take such a move. However, such a move would not be advisable. This is because in spite of the similarity in the two logos, B’s work could be genuinely out of creativity and not from copying A’s work. The alternative would be for C to go with the buy out as B seeks to do. In addition, proving what infringement has occurred when the two logos are compared bears no ground. The only legal proof would be a patent which must have been legally documented.

In the absence of such, there is no legal test which is admissible in a legal proceeding. B should, therefore, try to prevent a court case. The idea of buying out the logo from A would be the best decision. This might also go well with A who has earned little money from the creation. It is documented that A put up the logo for thirty dollars for a single and an exclusive use. Consequently, B’s offer of one thousand Euros would be a better deal given the previous pays that A had hoped for. 3.

D might raise a complaint against C in case it uses the logo without sorting out the issue of similarity.