Law of Communication Issues - Math Problem Example

Part 1 The law provides that for a person to register a normal trade mark, the mark should be the definition of trade mark according to section 17 which require an intended sign to be used to distinguish well or services at the time of doing trade. Where the application is approved, there is 3 month period prior to registration existence that others may be against the registration. Where there is no opposing or resistance is discharge, the registrar should list the trade mark for the prescribed term period1. From the case law, it can be observed that Ella cannot registrar for trade mark due to the fact that it doesn’t satisfy the requirement of Trade Marks Act 1995 (Cth) since, the drawing is copied from Jimmy’s drawing is merely meant to mislead the views. Jimmy will have a ground for opposing Ella’s drawing due to the fact that the drawing is a copy from jimmy’s drawing which is meant to mislead the users. According to section 42 of trade mark act, it provide that an application for trademark registration shall be rejected on the not being competent of differentiating the applicant’s goods and services from the other applicant goods and services, the trade mark is to inherently adapted to differentiate the goods and services as well as it doesn’t differentiate through its intentions . Section 43 as well provides that registration of a trademark shall be rejected where, because of some connotation that the trade mark entailed in the trade mark depicts the employment of the trade might be probably to mislead or lead to bewilderment. Moreover, section 44 of the act provides that an application for the trade market registration shall be rejected where the applicant’s trade mark is significantly same or misleadingly same to the registered trade mark or that is being registered by another applicant in respect to same goods and services or closely linked services. All of the above cited case also provides that Ella drawing will not be registered since, it has an obvious intent to mislead the public as well as the trademark is being registered by jimmy and consequently, Ella’s trade mark registration shall be rejected under the law. 2). Ella has breached the AJA code of Ethics since, she doesn’t stop her personal interest or benefits to influence her decision as well as she has breached the following critical code of ethics provided by the AJA.The AJA code of ethics provides under clause one that a reporter shall report and interpret truthfully, striving for the preciseness, fairness as well as confession of all the vital facts. Doesn’t exceed significant available information to provide a disfiguring importance. The act also provides that journalist should report as well as interpret trustfully, pushy for preciseness, equality as well as disclosure of all significant facts. Doesn’t suppress important existing facts or provide misleading importance and does an utmost to provide fair chances for reply. A journalist doesn’t permit individual interest or any belief, dedication, imbursement or benefits to chip away the preciseness, equality or independence. In this regards, Ella has breached the AJA code of Ethics since, the main forces that drives her isn’t the career interest but an ill motive passion with intent of deceive the public2. 3. Section 18(C) of the racial discrimination act 1975 provides that it is illegal for an individual to do an act, otherwise than in private where the act is justifiable probability in all the situation to hurt somebody's feelings, affront, disgrace or threaten another person’s as well as the act is executed due to race, color or ethnic original of the other person. In this regards, it is apparent that Ella has committed an illegal act under section 18© since, Ella has spoken some words that leads to hate and decimation. The exemption to the law is that the person shall be exempted on condition that the act is made in good faith and done understandably in the performance or supply of a creative work. At the time of any statement, publication or debate made or held for authentic educational or artistic reasons or whichever publication in the interest of the public as well as in publishing a fair as well as precise report of whichever event or matter of public concerns or fair remarks where the comment is an expression of authentic thought by the individual making the remarks. From this code, Ella shall not be exempted from unlawful deed of spreading hatred and racism and thus Ella shall be held accountable for the breach of section 18C of the Racial Discrimination Act 19753. Part 2 - Multiple choice questions (1) Which of the following statements is true in relation to the application of section 18(1) of the Australian Consumer Law to Ella’s conduct? (1 mark) C. A subjective test must be applied, so it will be necessary to prove that at least one person was misled by Ella’s conduct. (2) If a Senator for the ACT made a statement in the Senate accusing Ella of engaging in deceitful conduct, which of the following statements is incorrect? (1 mark) a. Ella could commence defamation proceedings against the Senator for defamatory statements the Senator repeated verbatim in the front courtyard of Parliament House. (3) Which of the following statements is true in relation to Ella’s copyright in her article ‘The Next Bond Girl’? (1 mark) a. Ella will need to register the copyright through IP Australia in order to obtain copyright protection. Reference list Brown, F. (2011). Journalism Ethics: A Casebook of Professional Conduct. London: Cingage Learninjg. Cetti, R. (2014). Offensive to a Reasonable Adult: Film Censorship and ... Sydney: Springer. Graeme B. Dinwoodie, ‎. D. (2008). Trademark Law and Theory: A Handbook of Contemporary. Sydney: Springer. Mark Pearson, ‎. P. (2011). The Journalist's Guide to Media Law. Sydney: Springer. Robert Burrell, ‎. H. (2011). Australian Trademark Law. Sydney: Springer. Soutphommasane, T. (2015). I'm Not Racist But ... 40 Years of the Racial . Sydney: Springer. . Read More